Regulation 2024/1610 - Amendment of Regulation (EU) 2019/1242 as regards strengthening the CO2 emission performance standards for new heavy-duty vehicles and integrating reporting obligations - Main contents

Official Journal

of the European Union

EN

L series

2024/1610

6.6.2024

Tackling climate and environment-related challenges and reaching the objectives of the Paris Agreement (3), adopted on 12 December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC), are at the core of the Commission’s communication of 11 December 2019 on the ‘European Green Deal’. The necessity and value of the European Green Deal have only grown in light of the very severe effects of the COVID-19 pandemic on the health and economic well-being of the Union’s citizens and of Russia’s war of aggression against Ukraine.

The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives which aim to achieve climate neutrality in the Union by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union’s natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, that transition affects women and men differently and has a particular impact on some disadvantaged and vulnerable groups, such as low-income households and persons, older people, persons with disabilities and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind.

Following the adoption by the European Parliament and the Council of essential elements of the ‘Fit for 55’ legislative package, as proposed by the Commission in July 2021, the Union submitted in October 2023 an updated nationally determined contribution (NDC) of the Union and its Member States to the UNFCCC, confirming that the Union will cut its net greenhouse gas emissions by at least 55 % by 2030 compared to 1990 levels.

Through the adoption of Regulation (EU) 2021/1119 of the European Parliament and of the Council (4), the Union has enshrined in a Union legislative act the objective of economy-wide climate neutrality within the Union at the latest by 2050 and the aim of achieving negative emissions thereafter. Moreover, that Regulation establishes a binding Union domestic reduction target for net greenhouse gas emissions (emissions after deduction of removals) of at least 55 % compared to 1990 levels by 2030. It also sets the framework for the establishment of intermediate Union climate targets and for the publication of the projected indicative Union greenhouse gas budget for the 2030-2050 period.

All sectors of the economy are expected to contribute to achieving those emission reductions, including the road transport sector. In its communication of 9 December 2020 on ‘Sustainable and Smart Mobility Strategy — putting European transport on track for the future’, the Commission sets out a roadmap for a sustainable and smart future for European transport, with an action plan towards the objective of delivering a 90 % reduction in emissions from the transport sector by 2050. Heavy-duty vehicles are currently responsible for more than a quarter of greenhouse gas emissions from road transport in the Union and for over 6 % of the Union’s total greenhouse gas emissions.

The ‘Fit for 55’ legislative package aims to implement the 2030 greenhouse gas emissions reduction target. It covers a range of policy areas. The revision of Regulation (EU) 2019/1242 of the European Parliament and of the Council (5) is an integral part of that legislative package.

In its communication of 18 May 2022 on the ‘REPowerEU Plan’, the Commission outlined a plan to make the Union independent from Russian fossil fuels well before the end of this decade. That communication highlights the importance, inter alia, of further increasing the efficiency of, and reducing, fossil fuel consumption in the transport sector, where electrification can be combined with the use of fossil-free hydrogen to replace fossil fuels.

In order to contribute to the reduction in net greenhouse gas emissions of at least 55 % compared to 1990 levels by 2030 and in conformity with the energy efficiency first principle, it is necessary to strengthen the CO2 emissions reduction requirements for heavy-duty vehicles set out in Regulation (EU) 2019/1242. A clear pathway also needs to be set for further emission reductions beyond 2030 for the heavy-duty vehicles sector to contribute to achieving the climate-neutrality objective by 2050.

The strengthened CO2 emissions reduction requirements should incentivise an increasing share of zero-emission heavy-duty vehicles being deployed on the Union market whilst providing benefits to users and citizens in terms of air quality and energy savings, as well as ensuring that innovation in the automotive value chain and the associated high-quality jobs can be maintained. Zero-emission heavy-duty vehicles currently include battery electric vehicles, fuel-cell and other hydrogen-powered vehicles, and technological innovation continues.

New strengthened CO2 emissions reduction targets should be set for new heavy-duty vehicles from 2030 onwards. Those targets should be set at a level that will deliver a strong signal to accelerate the uptake of zero-emission heavy-duty vehicles on the Union market, stimulate innovation in zero-emission technologies in a cost-efficient way, give the necessary signal to accelerate the deployment of charging and refuelling infrastructure across the Union, ensure the long-term competitiveness of the Union industry on a global market, and contribute to reducing the running costs for transport companies, while ensuring that the Union meets its climate objectives and its objective to alleviate air pollution.

Air pollution is a particularly acute problem in cities, affecting the health of millions of European citizens. Transport is one of the main sources of urban air pollution. The accelerated roll-out of zero-emission heavy-duty vehicles, through strengthened CO2 emissions reduction requirements, will contribute to alleviating the urban air pollution problem.

The Commission’s communication of 5 May 2021 on ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’ aims to achieve the co-creation of green and digital transition pathways in partnership with industry, public authorities, social partners and other stakeholders. In that context, a transition pathway is being developed for the mobility ecosystem to accompany the transition of the automotive value chain. The transition pathway pays particular attention to small and medium-sized enterprises in the automotive supply chain, and to the consultation, including by Member States, of social partners. It also builds on the European Skills Agenda with initiatives such as the Pact for Skills to mobilise the private sector and other stakeholders to up-skill and re-skill Europe’s workforce in view of the green and digital transitions, and builds on the Talent Booster Mechanism in the framework of the Harnessing Talents in EU regions initiative. The appropriate actions and incentives at European and national level to boost the affordability of zero-emission vehicles are also being addressed in the transition pathway. That could, for example, include the possibility for Member States to use the Social Climate Fund established by Regulation (EU) 2023/955 of the European Parliament and of the Council (6) (the ‘Social Climate Fund’) to assist micro-enterprises in purchasing zero-emission heavy-duty vehicles. Particular attention should be given to the impact that that transition will have on micro, small and medium-sized enterprises (SMEs) along the supply chain. The Commission’s communication of 1 February 2023 on ‘A Green Deal Industrial Plan for the Net-Zero Age’ aims to enhance the competitiveness of Europe’s net-zero industry and to support the fast transition to climate neutrality. That plan aims to provide a more supportive environment for the scaling up of the Union’s manufacturing capacity for the net-zero technologies and products required to meet the Union’s ambitious climate targets. Access to training and reskilling in numerous sectors that need to undergo fundamental changes, including the heavy-duty vehicles and the refuelling and recharging sectors, is crucial for a socially just and effective transition. Investments in the skills needed for an effective transition are a collective responsibility. Employees and jobseekers should have access to reskilling and upskilling opportunities, and their participation in those learning activities should be supported. Member States are encouraged to ramp up investments in reskilling and upskilling and to map out and analyse the predicted changes in the job market.

Together with initiatives to accelerate a modal shift towards more sustainable transport modes, the strengthening of the CO2 emissions reduction requirements for heavy-duty vehicles and rolling-out the necessary recharging and refuelling infrastructure will play a key role in reducing the CO2 emissions of the heavy-duty vehicles sector. The Union fleet-wide CO2 emissions reduction targets laid down in this Regulation are complemented by the recharging and refuelling infrastructure requirements set out in Regulation (EU) 2023/1804 of the European Parliament and of the Council (7). Union funding plays an important role in the infrastructure rollout at national level. The deployment of recharging infrastructure for heavy-duty electric vehicles is equally important in private locations that are not accessible to the public, such as in private depots and at logistics centres which provide overnight and destination charging. Member States should consider taking measures in the context of setting up their revised national policy frameworks to ensure that appropriate infrastructure is provided for overnight and destination charging for heavy-duty electric vehicles. It is also appropriate to consider, in view of possible infrastructural constraints in third countries, the impact of this Regulation on the possibility for new heavy-duty vehicles registered in a Member State to operate outside the Union.

In 2015, following the adoption of Directive 2014/94/EU of the European Parliament and of the Council (8), the Sustainable Transport Forum (the ‘Forum’) was set up by the Commission. The Forum assists the Commission in implementing the Union’s activities and programmes aimed at fostering the deployment of sustainable alternative fuels infrastructure. Following the adoption of this Regulation, the Commission will ensure that the Forum supports the effective and cost-efficient roll-out of the recharging and refuelling infrastructure needed to meet the strengthened CO2 emissions reduction requirements for heavy-duty vehicles, and that it informs the review referred to in Article 24(2) of Regulation (EU) 2023/1804, so that the targets set out in that Regulation are aligned with the ambition of this Regulation.

The transition to climate neutrality requires significant investment in the electricity grid, including enhanced capacity, resilience and storage, as well as additional connections. In view of the CO2 emissions reduction targets for heavy-duty vehicles for the year 2030 established under this Regulation, the share of zero-emission heavy-duty vehicles in the total fleet of heavy-duty vehicles on the roads and electricity consumption in the sector will remain limited. Therefore, the related impact on the electricity grid will remain limited as well.

While the strengthened CO2 emissions reduction targets will accelerate the uptake of zero-emission heavy-duty vehicles, a significant part of the total fleet of heavy-duty vehicles on the roads will remain internal combustion engine vehicles. For that part of the fleet to contribute to the achievement of the Union’s climate targets, further innovation and an accelerated uptake of sustainable renewable fuels is essential. Existing Union policies and legal instruments, in particular Directive (EU) 2018/2001 of the European Parliament and of the Council (9) and the EU emissions trading system established by Directive 2003/87/EC of the European Parliament and of the Council (10), will promote the decarbonisation of transport fuels, with the aim of phasing out fossil fuels. The Commission should further develop a coherent framework of incentives for advanced biofuels and biogas and renewable fuels of non-biological origin. That framework should address barriers to the uptake and supply in a comprehensive way, taking into account demand across economic sectors, in the context of the overall efforts to reach the Union’s climate targets. Building on the objectives for biomethane in the RePowerEU plan, the Commission should also address how the scale-up of the production of biomethane in the Union can contribute to the decarbonisation of the economy, including the transport sector.

Following consultation with stakeholders, the Commission will, within one year of the date of entry into force of this Regulation, assess the role of a methodology for registering heavy-duty vehicles running exclusively on CO2 neutral fuels, in conformity with Union law and with the Union’s climate-neutrality objective.

Manufacturers should continue to be provided with sufficient flexibility when adapting their heavy-duty vehicle fleets over time in order to manage the transition towards zero-emission heavy-duty vehicles in a cost-efficient manner. It is therefore appropriate to maintain the approach of strengthening target levels in five-year steps.

Due to the heterogeneous structure of the total fleet of heavy-duty vehicles, it is not possible to fully predict whether technological developments will be quick enough to ensure that zero-emission tailpipe technology is a viable choice for all niche uses. This could include heavy-duty vehicles for critical security and safety applications that cannot be fulfilled by zero-emission tailpipe technologies. Such vehicles should constitute a limited share of the total fleet of heavy-duty vehicles. In its review of Regulation (EU) 2019/1242, the Commission should assess the possibility of applying measures to reduce CO2 emissions from such vehicles.

For their public procurement procedures covered by this Regulation, contracting authorities and contracting entities are strongly encouraged to use an award criterion or a technical specification that relates to the proportion of the products of tenders originating from countries that are not parties to the World Trade Organization Agreement on Government Procurement (the ‘GPA’) and that have not concluded a free trade agreement containing rules on public procurement with the Union. Such criteria will play an important role in fostering the supply of zero-emission urban buses by the European industry, ensure sustainable and resilient supply chains for urban buses and reinforce security of supply within the Union.

Contracting authorities and contracting entities are encouraged to use an environmental sustainability criterion as an award criterion or as a technical specification for their public procurement procedures covered by this Regulation. Without prejudice to Union legislative acts applicable to a specific technology, including Regulation (EU) 2023/1542 of the European Parliament and of the Council (11) and a Regulation of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for sustainable products, when evaluating the environmental sustainability of urban buses procured on the basis of this Regulation, it should be possible for contracting authorities and contracting entities to take into account various elements with an impact on the climate and the environment. Those elements can include, for instance: the durability and reliability of the solution, the ease of repair and maintenance, the ease and quality of recycling, the use of substances, the consumption of energy, water and other resources in one or more life cycle stages of the product, the incorporation of used components, the environmental footprint of the product and its life cycle environmental impact, and the amount of waste generated.

With the stricter Union fleet-wide CO2 emissions reduction targets from 2030 onwards, manufacturers are to deploy significantly more zero-emission heavy-duty vehicles on the Union market. In that context, the incentive mechanism for zero- and low-emission heavy-duty vehicles would no longer serve its original purpose and would risk undermining the effectiveness of Regulation (EU) 2019/1242. That incentive mechanism should therefore be removed from 2030.

The possibility to assign the revenues from the excess CO2 emissions premiums to a specific fund or a relevant programme has been evaluated as required pursuant to Article 15(4) of Regulation (EU) 2019/1242, with the conclusion that doing so would significantly increase the administrative burden, without resulting in any direct benefit to the automotive sector in its transition. Revenues from the excess CO2 emissions premiums should therefore continue to be considered as revenue for the general budget of the European Union in accordance with Article 8(4) of Regulation (EU) 2019/1242.

The subject matter of Regulation (EU) 2019/1242 should be enlarged to also cover the monitoring and reporting obligations which are integrated into Regulation (EU) 2019/1242 by means of this Regulation.

Regulation (EU) 2019/1242 should be amended in order to cover the same scope as Regulation (EU) 2018/956 of the European Parliament and of the Council (12).

The CO2 emissions for vehicles that are not within the scope of the vehicle type-approval legislation of the Union, such as agricultural and forestry tractors, vehicles designed and constructed for use by national defence, including armed services, and track-laying vehicles, are not determined. Therefore, those vehicles are not required to meet the CO2 emissions reduction targets set in this Regulation.

In order not to discourage the voluntary type-approval of heavy-duty vehicles that are designed and constructed or adapted for use by civil protection services, fire services and forces responsible for maintaining public order or urgent medical care services, which would have negative safety and environmental implications, such vehicles that are voluntarily type-approved should also be exempted from the obligation to meet the CO2 emissions reduction targets set in this Regulation, unless the manufacturer requests otherwise. Member States should also be entitled to exempt heavy-duty vehicles from the obligation to meet the CO2 emissions reduction targets set in this Regulation where those heavy-duty vehicles are not specifically designed, but are registered, for use by civil protection services, fire services, forces responsible for maintaining the public order or urgent medical care services, such as normal coaches used for the transport of police or armed services, by confirming that such exemption would be in the public interest. Member States should also be entitled to exempt vehicles registered for the armed services from this Regulation in its entirety.

As for certain heavy-duty vehicle sub-groups which are type-approved, but for which CO2 emissions reductions are not determined yet for technical reasons, those heavy-duty vehicles are not required to meet the CO2 emissions reduction targets set in this Regulation. Examples of such vehicles are special purpose vehicles, such as mobile cranes, carriers of hydraulic multi-equipment or exceptional load transport vehicles, off-road vehicles, such as certain heavy-duty vehicles used for mining, forestry and agricultural purposes, as well as other heavy-duty vehicles with non-standard axle configurations such as heavy-duty vehicles with more than four axles or more than two driven axles, small buses with a technically permissible maximum laden mass (TPMLM) of less than or equal to 7,5 tonnes, and small lorries with a TPMLM of less than or equal to 5 tonnes. The Commission should investigate the appropriateness of the determination of CO2 emissions of small lorries with a TPMLM of less than or equal to 5 tonnes in accordance with Commission Regulation (EU) 2017/2400 (13) (vehicle energy consumption calculation tool simulations or VECTO simulations), taking into account Commission Regulation (EU) 2017/1151 (14).

Certain definitions should be introduced in order to harmonise the terminology of Regulation (EU) 2019/1242 with that of the vehicle type-approval legislation of the Union, in particular Regulation (EU) 2018/858 of the European Parliament and of the Council (15) and Regulation (EU) 2017/2400.

For the purposes of the transfer of heavy-duty vehicles between manufacturers, introduced by this Regulation, and of establishing an exemption for manufacturers producing few heavy-duty vehicles, a definition of the term ‘group of connected manufacturers’ should be added to Regulation (EU) 2019/1242. That definition should, in substance, follow the terminology used in Regulation (EU) 2019/631 of the European Parliament and of the Council (16) for light-duty vehicles.

As regards laying down the obligations of individual manufacturers, Union fleet-wide CO2 emissions reduction targets for new heavy-duty vehicle fleets should be translated into specific CO2 emissions targets for vehicle sub-groups determined on the basis of the technical characteristics of the heavy-duty vehicles they comprise.

Since the CO2 emissions related to trailers have a strong impact on the overall CO2 emissions and energy consumption of heavy-duty motor vehicles, CO2 emissions reduction targets should also be set for trailers.

CO2 emissions from vocational vehicles, such as refuse collection vehicles, tippers or concrete mixers, are already certified under VECTO and are monitored and reported by vehicle manufacturers and Member States. CO2 emissions from vocational vehicles represent approximately 2 % of heavy-duty vehicles CO2 emissions and approximately 4 % of sales. As they operate mostly in cities, vocational vehicles also have an impact on urban air quality. Vocational vehicles should therefore be exempted until 2029 from the calculation of average specific CO2 emissions of manufacturers. For the period 2030 to 2034, only zero-emission vocational vehicles should be accounted for that calculation. From 2035, all vocational vehicles should be accounted for that calculation.

In order to facilitate the development, and enable the widespread use, of trailers equipped with CO2 emissions reduction technology, it is imperative to promptly update and expand the approval framework for such technology, in particular for electrified trailers, by amending Regulation (EU) 2018/858.

In 2022, zero-emission urban buses already represented around a quarter of all urban buses sold in the Union, with some Member States reaching much higher shares. Due to the technical readiness of urban buses and the need to improve urban air quality, a mandatory minimum share of new zero-emission urban buses should be set.

A mandatory minimum share of zero-emission urban buses should reflect the societal need for affordable public transport, including in rural areas. The increased supply of zero-emission urban buses that result from such a mandatory minimum share should have a positive effect on purchase cost, both in terms of upfront purchase price and the total cost of ownership of zero-emission urban buses, reflecting fossil fuel savings resulting from the operation of such urban buses. Joint procurement of urban buses, building on the Clean Bus Europe Platform, can bring down the purchase cost of such buses further, and the Social Climate Fund could be used by Member States to support vulnerable citizens with reduced or free public transport tickets or subscriptions. Finally, regional and long-distance buses and coaches, including for transport in rural areas, remain subject to the CO2 emissions reduction targets for heavy-duty vehicles. Support from the Social Climate Fund could address the specific needs of rural areas and prevent transport poverty, as defined in Article 2, point (2), of Regulation (EU) 2023/955, by securing access to affordable public transport. The Commission should also consider further appropriate measures to increase the demand for zero-emission heavy-duty vehicles by public authorities, to support the achievement of the Union’s climate-neutrality objective.

As commercial, rather than legal entities, should be considered for compliance, economically connected manufacturers should, within certain limits, be allowed to transfer heavy-duty vehicles between them for the purposes of accounting those heavy-duty vehicles under Regulation (EU) 2019/1242.

Furthermore, in order to strengthen the development of new zero-emission technologies in specialised small and medium-sized companies, it should also be possible to transfer zero-emission heavy-duty vehicles between non-connected entities.

Retrofitting zero-emission vehicles consists in converting an internal combustion engine or vehicle into a zero-emission one. It has environmental benefits, which result from avoiding the production of new parts and associated material use. It also has economic benefits, associated with enhanced vehicle affordability and job-creation potential. The market uptake of heavy-duty vehicles which are retrofitted to become zero-emission heavy-duty vehicles is however hampered by the lack of harmonised technical and administrative rules for their approval. The Commission should therefore consider the need for possible initiatives to promote the development of such harmonised rules.

Measures to increase the share of zero-emission heavy-duty vehicles owned or leased by large fleet operators would help increase the sales of zero-emission heavy-duty vehicles and accelerate the transition towards zero-emission road transport. The Commission should therefore analyse the potential need and impact of initiatives to increase the share of zero-emission heavy-duty vehicles owned or leased by large fleet operators.

In order to avoid disproportionally high compliance costs and in order to reduce the administrative burden, manufacturers that produce few heavy-duty vehicles should, subject to fulfilling certain legal requirements, be exempt from the obligation to comply with CO2 emissions reduction targets. As they are still required to comply with the reporting obligations of Regulation (EU) 2019/1242, there is an appropriate control mechanism for those manufacturers.

The existing system of multi-annual emission credits and emission debts should be extended to 2039, as CO2 emissions reduction targets continue to be strengthened beyond 2030 until 2040 and require forward-looking technical developments by manufacturers during that period. Nevertheless, manufacturers should clear all remaining emission debts in the years 2029, 2034 and 2039. Emission credits should automatically expire where they have not been used within 7 years of their acquisition.

Regulation (EU) 2019/1242 should clearly stipulate, for each vehicle category, the identity of the manufacturer to which a heavy-duty vehicle should be attributed, thereby specifically taking account of the different constellations for heavy-duty vehicles of category M.

The rules on the verification of reported monitoring data should also cover the potential ex post correction of errors in such data and how the Commission should handle such corrections for implementing the Union fleet-wide CO2 emissions reduction targets.

The assessment of the reference CO2 emissions should be amended to also cover the vehicle sub-groups newly included in the scope of Regulation (EU) 2019/1242.

Monitoring and reporting by manufacturers and Member States is an essential precondition for the implementation of Regulation (EU) 2019/1242. Incorporating Regulation (EU) 2018/956 into Regulation (EU) 2019/1242 should produce synergies and allow for interpretation of the provisions that takes into account the objectives of both Regulations.

When incorporating monitoring and reporting provisions of Regulation (EU) 2018/956 into Regulation (EU) 2019/1242, the opportunity should be seized to slightly amend those provisions in light of the experience gained from the first two reporting cycles under Regulation (EU) 2018/956.

Taking account of the fact that the determination of CO2 emissions will no longer be carried out by manufacturers alone, the obligation to report CO2 emissions and other technical data of the heavy-duty vehicles should be extended beyond manufacturers to those entities which carry out that determination under Regulation (EU) 2017/2400 and Commission Implementing Regulation (EU) 2022/1362 (17). The data to be reported should comprise the manufacturer’s records file.

The Commission should be allowed to take into account technical progress, the evolution of freight transport logistics, such as especially heavy vehicle combinations used in some Member States, necessary adjustments based on the application of this Regulation and amendments of the underlying type-approval legal acts, to ensure that the data requirements and the monitoring and reporting procedure remain relevant over time for assessing the heavy-duty vehicle fleet’s contribution to CO2 emissions reduction targets, to ensure the availability of data on new and advanced CO2 emissions reducing technologies and on the results of on-road verification tests, to ensure that the air drag value ranges remain relevant for information and comparability purposes, and to supplement the provisions on administrative fines.

For those reasons, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the criteria which define vehicle sub-groups, including by adding sub-groups for extra heavy combination (EHC) lorries, and which define vocational vehicles, and the criteria for the operational ranges of different powertrain technologies, the list and weight of mission profiles, the payloads, passenger numbers, passenger masses, technically permissible maximum payloads, technically permissible maximum passenger number and cargo volumes of vehicle sub-groups and annual mileages values, amending the data requirements and the monitoring and reporting procedure laid down in the Annexes, in respect of specifying the data to be reported by the Member States for the monitoring of the results of on-road verification tests, of amending the air drag value ranges, and of defining the criteria, the calculation and the method of collection of administrative fines imposed on manufacturers. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

In order to ensure uniform conditions for the implementation of Regulation (EU) 2019/1242, implementing powers should be conferred on the Commission in relation to the type-approval procedures and in relation to the common technical specifications, regarding the technical and open interoperability between the recharging and refuelling infrastructure and urban buses, in terms of physical connections and communication exchange. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (18).

Regulation (EU) 2018/956 should be repealed with transitional provisions allowing the reporting period that is ongoing at the moment of entry into force of this Regulation to be concluded under the rules applicable at the beginning of that reporting period, including all processing of the data collected. Accordingly, this Regulation should apply from the beginning of the following reporting period.

Since the objectives of this Regulation, namely to promote CO2 emissions reductions in a cost-effective and economically efficient way in a manner commensurate with the economy-wide net greenhouse gas emissions reduction target for 2030 through amended Union fleet-wide CO2 emissions reduction targets for heavy-duty vehicles, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Regulations (EU) 2018/858 and (EU) 2019/1242 should therefore be amended accordingly,

Article 1 is replaced by the following:

‘Article 1

Subject matter and objectives

• 1. 

  This Regulation sets CO2 emissions performance standards for new heavy-duty vehicles. Those standards contribute to achieving the Union’s climate-neutrality objective and the intermediate Union climate targets, as laid down in Regulation (EU) 2021/1119 of the European Parliament and of the Council (*1), Member States’ targets of reducing their greenhouse gas emissions, as laid down in Regulation (EU) 2023/857 of the European Parliament and of the Council (*2), and the objectives of the Paris Agreement, as well as to ensuring the proper functioning of the internal market.

• 2. 

  This Regulation also lays down requirements for the reporting of CO2 emissions from, and fuel consumption of, new heavy-duty vehicles registered in the Union.

(*1)  Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (“European Climate Law”) (OJ L 243, 9.7.2021, p. 1 "

(*2)  Regulation (EU) 2023/857 of the European Parliament and of the Council of 19 April 2023 amending Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement, and Regulation (EU) 2018/1999 (OJ L 111, 26.4.2023, p. 1).’;"

Article 2 is amended as follows:

Article 3 is amended as follows:

the following articles are inserted:

‘Article 3a

CO2 emissions reduction targets

• 1. 

  The average CO2 emissions of the Union fleet of new heavy-duty motor vehicles, other than special purpose vehicles, off-road vehicles and off-road special purpose vehicles shall be reduced by the following percentages compared to the average CO2 emissions of the reporting period of the year 2019:

• 2. 

  The vehicle sub-groups shall contribute to the CO2 emissions reduction targets referred to in paragraph 1, in accordance with point 4.3 of Annex I.

• 3. 

  The CO2 emissions related to the Union fleet of new trailers shall be reduced in accordance with point 4.3 of Annex I.

• 4. 

  Notwithstanding Article 2(3) of Regulation (EU) 2017/2400, approved heavy-duty vehicles falling under Article 2(3), first subparagraph, point (b), of Regulation (EU) 2018/858 shall not be subject to the CO2 emissions reduction targets set out in paragraphs 1 to 3 of this Article, unless the manufacturer chooses to include those heavy-duty vehicles in the calculation of its specific CO2 emissions and targets when reporting those heavy-duty vehicles in accordance with Part B of Annex IV to this Regulation.

• 5. 

  Heavy-duty vehicles other than those referred to in paragraph 4 that are registered for use by civil protection services, fire services, forces responsible for maintaining the public order or urgent medical care services shall not be subject to the CO2 emissions reduction targets set out in paragraphs 1 to 3, provided that a Member State so indicates in the registration and reporting process, thereby confirming in the data reported in accordance with Part A of Annex IV that the purpose of the heavy-duty vehicle cannot be equally served by a zero-emission heavy-duty vehicle and it is therefore in the public interest to register a heavy-duty vehicle with a combustion engine to fulfil that purpose.

Heavy-duty vehicles registered for use by armed services shall not be subject to the requirements of this Regulation if a Member State decides not to report them in accordance with Part A of Annex IV.

Article 3b

Additional measures to support the transition to zero-emission heavy-duty vehicles on the Union market

By 30 June 2025, the Commission shall submit to the European Parliament and to the Council a report which considers the need to facilitate the uptake on the Union market of heavy-duty vehicles which are retrofitted to become zero-emission heavy-duty vehicles, including by way of harmonised rules. That report shall contain an analysis of the options and the impact of those options. Where appropriate, the analysis shall be accompanied by a legislative initiative or other action.

Article 3c

Additional measures to support the demand for zero-emission heavy-duty vehicles on the Union market

By 30 June 2027, the Commission shall submit to the European Parliament and to the Council a report which contains an analysis of the potential need for and impact of initiatives to increase the share of zero-emission heavy-duty motor vehicles owned or leased by large fleet operators. In that report, the Commission shall consider possible options to increase the deployment of zero-emission heavy-duty vehicles owned or leased by large fleet operators.

Article 3d

Zero-emission heavy-duty vehicle target for urban buses

• 1. 

  For heavy-duty vehicles referred to in the fourth column of the table in point 4.2 of Annex I (“urban buses”), manufacturers shall comply with the 90 % and 100 % minimum shares of zero-emission heavy-duty vehicles in their fleet of new heavy-duty vehicles in accordance with point 4.3.2 of Annex I.

• 2. 

  The Commission shall specify, by means of implementing acts, the common technical specifications, including standards, regarding the technical and open interoperability between the recharging and refuelling infrastructure and urban buses, in terms of physical connections and communication exchange.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).

• 3. 

  The Commission is empowered to adopt delegated acts in accordance with Article 17 to supplement this Regulation by laying down common technical specifications, including standards, regarding the safe and secure sharing and use of the data generated in relation to the use of urban buses.

Article 3e

Ensuring sustainable and resilient supply chains for urban buses through public procurement procedures

• 1. 

  Contracting authorities and contracting entities shall base the award of public supply contracts for the purchase, lease, rent or hire-purchase of new zero-emission urban buses, as well as of public service contracts having as their main subject matter the use of such urban buses, on the most economically advantageous tender which shall include the best price-quality ratio.

• 2. 

  Contracting authorities and contracting entities shall use at least two of the following criteria as technical specifications or as award criteria, at least one of which shall relate to the tender’s contribution to the security of supply as set out in points (a) to (d), depending on the market situation and in compliance with Directive 2014/23/EU, 2014/24/EU or 2014/25/EU, and applicable sectoral legislation, as well as with the Union’s international commitments, including the World Trade Organization Agreement on Government Procurement (the “GPA”) and other international agreements by which the Union is bound:

The first subparagraph shall not preclude contracting authorities and contracting entities from using additional criteria.

• 3. 

  If the tender’s contribution to security of supply is used as an award criterion, it shall be given a weighting of between 15 to 40 % of the award criteria.

(*7)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).’;"

in Article 4, the first paragraph is replaced by the following:

‘Starting from 1 July 2020, and in each subsequent reporting period, the Commission shall determine for each manufacturer the average specific CO2 emissions in g/tkm for the preceding reporting period, by taking the following into account:

;

Article 5 is amended as follows:

Article 6 is replaced by the following:

‘Article 6

Specific CO2 emissions targets of a manufacturer

For the reporting period of the year 2025 and for each subsequent reporting period, the Commission shall determine for each manufacturer a specific CO2 emissions target for the preceding reporting period. That target shall be determined in accordance with point 4.1 of Annex I.’

;

the following articles are inserted:

‘Article 6a

Transfer of heavy-duty vehicles between manufacturers

• 1. 

  For the purpose of calculating the average specific CO2 emissions of manufacturers in accordance with Article 4 and point 2.2 of Annex I, individual heavy-duty vehicles may be transferred between manufacturers, provided the following conditions are fulfilled:

The manufacturers shall submit the transfer requests to the Commission using the electronic tools provided by the Commission.

• 2. 

  Where the Commission considers that the conditions for a transfer are fulfilled, it shall not take the transferred heavy-duty vehicle into account for the calculation of relevant values for the transferring manufacturer, but shall take it into account for the calculation of relevant values for the receiving manufacturer.

Article 6b

Exemption for manufacturers producing few heavy-duty vehicles

• 1. 

  If a manufacturer registers fewer than 100 new heavy-duty vehicles in a given reporting period, the average specific CO2 emissions as provided for in Article 4 and in point 2.7 of Annex I and the specific CO2 emissions targets as provided for in Article 6 and in point 4.1 of Annex I shall be set at “0” for that reporting period.

• 2. 

  Where paragraph 1 of this Article applies, the values of the average specific CO2 emissions and of the specific CO2 emissions targets shall not be included in the publication of data under Article 11 for the manufacturers and reporting periods concerned.

• 3. 

  The exemption laid down in paragraph 1 shall not apply in a given reporting period in any of the following cases:

• 4. 

  Manufacturers which are not part of a group within the meaning of paragraph 3, point (c), shall inform the Commission if they registered fewer than 100 heavy-duty vehicles in a given reporting period.

• 5. 

  Manufacturers to which the exemption laid down in paragraph 1 does not apply shall inform the Commission in each reporting period about all their connected undertakings to which the exemption applies.

• 6. 

  Manufacturers shall inform the Commission for the purposes of paragraphs 4 and 5 by using the electronic tools provided by the Commission.’

;

Article 7 is amended as follows:

the following articles are inserted:

‘Article 7a

Attribution of heavy-duty vehicles to a manufacturer

When calculating the average specific CO2 emissions referred to in Article 4 and the specific CO2 emissions targets referred to in Article 6, the heavy-duty vehicles registered in a given reporting period shall be attributed to the following manufacturers:

Article 7b

Calculation of average specific CO2 emissions of heavy-duty vehicles of category M

For heavy-duty vehicles of category M, the following shall apply:

(*8)  Commission Implementing Regulation (EU) 2022/1362 of 1 August 2022 implementing Regulation (EC) No 595/2009 of the European Parliament and of the Council as regards the performance of heavy-duty trailers with regard to their influence on the CO2 emissions, fuel consumption, energy consumption and zero emission driving range of motor vehicles and amending Implementing Regulation (EU) 2020/683 (OJ L 205, 5.8.2022, p. 145).’;"

Article 8 is amended as follows:

Article 9 is amended as follows:

Article 10 is replaced by the following:

‘Article 10

Assessment of reference CO2 emissions

• 1. 

  In order to ensure the robustness and representativeness of the reference CO2 emissions of vehicle sub-groups to which a reporting period of the year 2024 or later year applies as the reference period according to point 3.2 of Annex I, the Commission shall assess the application of the conditions under which the reference CO2 emissions have been determined and determine whether those emissions have been unduly increased and, if so, how they are to be corrected.

• 2. 

  If the Commission concludes that all or some of the reference CO2 emissions are to be corrected, it shall adopt an implementing act to carry out those corrections, in accordance with the examination procedure referred to in Article 16(2).’

;

Article 11 is amended as follows:

in Article 13, paragraph 3 is replaced by the following:

‘3.   Where a lack of correspondence of CO2 emission and fuel consumption values which cannot be attributed to a malfunctioning of the simulation tool, or the presence of any strategies artificially improving a vehicle’s performance, is found as a result of the verifications performed pursuant to paragraph 2, the responsible type-approval authority shall, in addition to taking the necessary measures set out in Chapter XI of Regulation (EU) 2018/858, ensure that the customer information files, the certificates of conformity and the individual approval certificates are corrected, as the case may be. Where the data in the customer information files, the certificates of conformity and the individual approval certificates cannot be corrected under Regulation (EU) 2018/858, the responsible type-approval authority shall issue a statement of correction with the corrected data. It shall transmit that statement to the Commission and the parties concerned.’

;

the following articles are inserted:

‘Article 13a

Monitoring and reporting by Member States

• 1. 

  Starting from the reporting period of the year 2023, Member States shall monitor the data specified in Part A of Annex IV relating to new heavy-duty vehicles registered for the first time in the Union.

By 30 September of each year, starting in 2020, the competent authorities of the Member States shall report those data for the previous reporting period of 1 July to 30 June to the Commission in accordance with the reporting procedure set out in Annex V.

• 2. 

  The competent authorities responsible for monitoring and reporting data in accordance with this Regulation shall be those designated by the Member States in accordance with Article 7(6) of Regulation (EU) 2019/631.

• 3. 

  Heavy-duty vehicles designed and constructed or adapted for use by civil protection services, fire services or forces responsible for maintaining public order shall be subject to this Article.

• 4. 

  Heavy-duty vehicles registered for use by civil protection services, fire services, forces responsible for maintaining public order or urgent medical care services shall be subject to this Article, irrespective of whether they are exempted from Article 3a.

Article 13b

Reporting by manufacturers or other entities responsible for the determination of the CO2 emissions of a heavy-duty vehicle

• 1. 

  Manufacturers or other entities that are responsible for the determination of the CO2 emissions of a heavy-duty vehicle and are subject to Article 9 of Regulation (EU) 2017/2400 or Article 8 of Implementing Regulation (EU) 2022/1362 shall report the data for new heavy-duty vehicles in accordance with Part B of Annex IV to this Regulation.

By 30 September of each year, they shall report those data to the Commission for each new heavy-duty vehicle with a date of determination, or of assessment, falling within the reporting period ending on 30 June in accordance with the reporting procedure set out in Annex V.

This paragraph shall not apply to heavy-duty vehicles that are exempted pursuant to Article 6b.

• 2. 

  Each manufacturer or other entity within the meaning of paragraph 1 shall appoint a contact point for the purpose of reporting data in accordance with this Regulation.

• 3. 

  The reporting obligations under Article 13a(3) and (4) shall apply to manufacturers and other entities within the meaning of paragraph 1 of this Article.

Article 13c

Central register for data on heavy-duty vehicles

• 1. 

  The Commission shall keep a central register for the data on heavy-duty vehicles (“the central register”) reported pursuant to Articles 13a and 13b.

The central register shall be publicly available with the exception of data entries listed in point 3.2 of Annex V.

The air drag value shall be made publicly available in a range format as set out in Part C of Annex IV.

• 2. 

  The European Environment Agency shall manage the central register on behalf of the Commission.

Article 13d

Monitoring of the results of on-road verification tests

• 1. 

  The Commission shall monitor, where available, the results of on-road tests performed within the framework of Regulation (EC) No 595/2009 to verify the CO2 emissions and fuel consumption of new heavy-duty vehicles.

• 2. 

  The Commission is empowered to adopt delegated acts in accordance with Article 17 in order to supplement this Regulation by specifying the data to be reported by the competent authorities of the Member States for the purposes of paragraph 1 of this Article.

Article 13e

Data quality

• 1. 

  The competent authorities and manufacturers shall be responsible for the correctness and quality of the data they report pursuant to Articles 13a and 13b. They shall inform the Commission without delay of any errors detected in the data reported.

• 2. 

  The Commission shall carry out its own verification of the quality of the data reported pursuant to Articles 13a and 13b.

• 3. 

  Where the Commission is informed of errors in the data reported pursuant to paragraph 1, or finds, after its own verification pursuant to paragraph 2, discrepancies in the dataset, it shall, where appropriate, take the necessary measures to correct the data published in the central register.

• 4. 

  The Commission may, by means of implementing acts, determine the verification and correction measures referred to in paragraphs 2 and 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16.

Article 13f

Administrative fines

• 1. 

  The Commission may impose an administrative fine in each of the following cases:

The Commission shall, for the purposes of verifying the data referred to in point (a), consult with the relevant type-approval authorities.

The administrative fines shall be effective, proportionate and dissuasive and shall not exceed EUR 30 000 for each heavy-duty vehicle concerned by deviating or delayed data as referred to in points (a) and (b).

• 2. 

  The Commission shall adopt delegated acts in accordance with Article 17 to supplement this Regulation by laying down the procedure and methods for the calculation and collection of the administrative fines referred to in paragraph 1 of this Article.

Those delegated acts shall respect the following principles:

• 3. 

  The amounts of the administrative fines shall be considered as revenue for the general budget of the European Union.’

;

Article 14 is replaced by the following:

‘Article 14

Amendments to Annexes I, IV and V

• 1. 

  The Commission is empowered to adopt delegated acts in accordance with Article 17 of this Regulation with a view to amending the following elements in Annex I to this Regulation to take into account technical progress, the evolution of freight transport logistics, necessary adjustments based on the application of this Regulation and amendments of the underlying type-approval legal acts, in particular Regulations (EU) 2018/858 and (EC) No 595/2009:

• 2. 

  The Commission is empowered to adopt delegated acts in accordance with Article 17 with a view to amending the following elements in Annex IV:

• 3. 

  The Commission is empowered to adopt delegated acts in accordance with Article 17 with a view to amending the following elements in Annex V:

;

Article 15 is replaced by the following:

‘Article 15

Review

• 1. 

  By 31 December 2027, the Commission shall review the effectiveness and impact of this Regulation, in particular as regards the objective of climate neutrality at the latest by 2050, and submit a report to the European Parliament and to the Council with the results of that review.

In that report, the Commission shall particularly assess:

That report shall, where appropriate, be accompanied by a legislative proposal to amend this Regulation.

• 2. 

  The Commission shall assess the role of sustainable renewable fuels in the transition towards climate neutrality, including in the heavy-duty vehicles sector. Separately from the review referred to in paragraph 1, and as part of a broader strategy for the deployment of such fuels, the Commission shall by 31 December 2025 present a report to the European Parliament and to the Council with a comprehensive analysis of the need to further incentivise the uptake of advanced biofuels and biogas and renewable fuels of non-biological origin in the heavy-duty vehicles sector and the appropriate framework of measures, including financial incentives, to achieve that deployment. Based on that analysis, the Commission shall, where appropriate, make additional legislative proposals or shall make recommendations to the Member States.’

;

Article 17 is amended as follows:

Annexes I and II to Regulation (EU) 2019/1242 are replaced by the text set out in Annex I to this Regulation;

the text set out in Annex II to this Regulation is added as Annexes III, IV, V and VI to Regulation (EU) 2019/1242.

Article 3 is amended as follows:

in Annex I, Part B, point 6.1.1(d), the following sub-point is added:

Annex I is replaced by the following:

‘ANNEX I

Average specific CO2 emissions, specific CO2 emissions targets and excess CO2 emissions

• 1. 

  Vehicle sub-groups

1.1.   For the purposes of this Regulation, a vehicle sub-group sg is defined for each new heavy-duty vehicle.

1.4.   Definitions of mission profiles

• 2. 

  Calculation of the average specific CO2 emissions of a manufacturer

2.1.   Calculation of the specific CO2 emissions of a new heavy-duty vehicle

The specific CO2 emissions in g/km of a new heavy-duty vehicle v attributed to a vehicle sub-group sg or of its primary vehicle shall be calculated as follows:

Where,

For zero-emission heavy-duty motor vehicles, the values of CO2v,mp and CO2pv,mp shall be set to 0.

2.1.1.   Mission profile weights (Wsg,mp) for heavy-duty vehicles of category N

2.1.2.   Mission profile weights (Wsg,mp) for heavy-duty vehicles of category M

2.1.3.   Mission profile weights (Wsg,mp) for heavy-duty vehicles of category O

2.2.   Average specific CO2 emissions of all new heavy-duty vehicles in a vehicle sub-group for a manufacturer

For each manufacturer and each reporting period, the average specific CO2 emissions avgCO2sg of all new heavy-duty vehicles in a vehicle sub-group sg or their primary vehicles, if applicable, shall be calculated as follows:

2.3.   Calculation of the zero- and low-emission factor as referred to in Article 5

2.3.1   Reporting periods 2019 to 2024

For each manufacturer and reporting period from 2019 to 2024, the zero- and low-emission vehicles factor (ZLEV) referred to in Article 5 shall be calculated as follows:

ZLEV = Vall  / (Vconv + Vzlev) with a minimum of 0,97

where,

where,

2.3.2   Reporting periods from 2025 to 2029

For each manufacturer and reporting period, the zero- and low-emission vehicles factor (ZLEV) referred to in Article 5 shall be calculated as follows:

Where,

Where,

Where Vin/Vtotal is lower than 0,0075, the ZLEV factor shall be set to 1.

2.3.3   Reporting periods from 2030 onwards

ZLEV = 1

2.3.4   Calculation of the low-emission threshold

The low-emission threshold LET sg of the vehicle sub-group sg is defined as follows:

LETsg = (rCO2sg x PLsg) / 2

Where,

2.4.   Calculation of heavy-duty vehicle shares

For each manufacturer and each reporting period, the share of new heavy-duty vehicles in a vehicle sub-group sharesg shall be calculated as follows:

For each manufacturer and each reporting period, the share of new zero-emission heavy-duty vehicles in a vehicle sub-group zevsg shall be calculated as follows:

For each manufacturer and each reporting period, the share of new heavy-duty vehicles within the vehicle sub-group sg, which pursuant to Article 7b shall be accounted for with the CO2 emissions of their primary vehicles in the calculation of the average specific CO2 emissions of point 2.2., shall be calculated as follows:

Where,

2.5.   Payload values, passenger numbers and cargo volumes

The average payload value PLsg of a heavy-duty vehicle of category N or O in a vehicle sub-group sg shall be calculated as follows:

The average passenger number PNsg of a heavy-duty vehicle of category M in a vehicle sub-group sg shall be calculated as follows:

Where,

2.5.1.   Heavy-duty vehicles of category N

Payload values PL sg, mp (in tonnes) are determined as follows:

Technically permissible maximum payload values maxPLsg and cargo volumes CVsg are determined in accordance with point 3.1.1.

2.5.2.   Heavy-duty vehicles of category M

Passenger numbers PNsg,mp, passenger masses PMsg,mp and technically permissible maximum passenger numbers maxPNsg for the vehicle sub-group sg and mission profile mp are determined in accordance with point 3.1.1.

2.5.3.   Heavy-duty vehicles of category O

Payload values PLsg, mp (in tonnes) are determined as follows:

Technically permissible maximum payload values maxPLsg and cargo volumes CVsg are determined in accordance with point 3.1.1.

2.6.   Calculation of the mileage and payload or passenger-number weighting factor

The mileage and payload (passenger) weighting factor (MPWsg) of a vehicle sub-group sg is defined as the product of the annual mileage specified in point 2.6.1 and the payload and passenger-number values for the vehicle sub-group specified in points 2.5.1, 2.5.2 and 2.5.3 for vehicle categories N, M and O, respectively, normalised to the respective value for vehicle sub-group 5-LH, and shall be calculated as follows:

Where,

2.6.1.   Annual mileages for heavy-duty vehicles of category N

2.6.2.   Annual mileages for heavy-duty vehicles of category M

2.6.3.   Annual mileages for heavy-duty vehicles of category O

2.7.   Average specific CO2 emissions of manufacturers, as referred to in Article 4

For each manufacturer, the following average specific CO2 emissions shall be calculated:

2.7.1.   For the reporting periods of the years 2019 to 2029:

CO2(2025) = ZLEV × ∑ sg sharesg × MPWsg × avgCO2sg

2.7.2.   For the reporting periods from 2025 onwards:

CO2(NO) = ∑sg sharesg × MPWsg × avgCO2sg

CO2(MCO2) = ∑sg sharesg × MPWsg × [avgCO2sg × (1 – pvsg) + avgCO2psg × pvsg]

CO2(MZE) = ∑sg sharesg × MPWsg × (1 – zevsg) × rCO2sg

CO2(M) = CO2(MCO2) + CO2(MZE)

Where,

• 3. 

  Calculation of the reference values

3.1.   Reference values

The following reference values shall be calculated on the basis of all new heavy-duty vehicles of all manufacturers for the reference period applicable to the vehicle sub-group sg according to point 3.2.

3.2.   Reference periods applicable to vehicle sub-groups

The following reporting periods shall be applied as reference periods to vehicle sub-groups:

The average specific CO2 emissions avgCO2sg and avgCO2psg as provided for in point 2.2 and the reference CO2 emissions rCO2sg and rCO2psg as provided for in point 3.1.2 shall be set to “0” for all manufacturers in the vehicle sub-group sg for the purpose of calculating the average specific CO2 emissions in accordance with point 2.7 and the specific CO2 emissions targets in accordance with point 4.1 for the reporting periods of the years < Y + 5. Here Y is the year of the first reporting period in which the number of new heavy-duty vehicles of all manufacturers in the vehicle sub-group sg is at least 50.

To obtain the reference CO2 emissions rCO2sg and rCO2psg for the purpose of calculating the specific CO2 emissions target in accordance with point 4, first the corresponding values provided for in point 3.1.2 shall be calculated for the reporting period of the year Y instead of for the reference period applicable to the vehicle sub-group sg according to point 3.2.

The resulting values shall then be divided by

• 4. 

  Calculation of the specific CO2 emissions target of a manufacturer referred to in Article 6

4.1.   Specific CO2 emissions targets

For each manufacturer, the following specific CO2 emissions target T shall be calculated as follows:

4.2.   Vehicle sub-groups included in the calculation of average specific CO2 emissions and specific CO2 emissions targets of manufacturers

The following vehicle sub-groups sg shall be included in the calculation of the specific CO2 emissions CO2(X), specific CO2 emissions targets T(X) and CO2 emissions reduction trajectory ET(X)Y :

4.3.   CO2 emissions reduction targets and zero-emission heavy-duty vehicle mandates

• 5. 

  Emission credits and debts referred to in Article 7

5.1.   CO2 emissions reduction trajectories

5.1.1.   Target factors

For each vehicle sub-group sg and reporting period of a year Y, target factors shall be defined as follows:

RETsg,Y = (1-rfsg,uY)+(rfsg,uY – rfsg,lY)× (uY – Y)/(uY – lY)

RETpsg,Y = (1-rfpsg,uY)+(rfpsg,uY – rfpsg,lY)× (uY – Y)/(uY – lY)

ZETsg,Y = (1-zevMsg,uY)+(zevMsg,uY – zevMsg,lY)× (uY – Y)/(uY – lY)

Where,

For reporting years Y < rY, the values of RETsg,Y , RETpsg,Y and ZETsg,Y shall be set to 1 such that there is no contribution of the vehicle sub-group sg to the CO2 emissions reduction trajectory.

5.1.2.   CO2 emissions reduction trajectories

5.2.   Calculation of the emission credits and debts in each reporting period

For each manufacturer and each reporting period of the years Y from 2019 to 2040 the emission credits cCO2(X)Y and emission debts dCO2(X)Y, (X = NO, M), shall have the following values or be 0 (i.e. emission credits and emission debts cannot be negative), whichever is greater:

Where,

5.3.   Emission debt limit

For each manufacturer the emission debt limits limCO2(X)Y in the reporting period of the year Y are defined as follows:

Where

5.4.   Early emission credits

Emission debts acquired for the reporting period of the year 2025 shall be reduced by an amount corresponding to the emission credits acquired prior to that reporting period, which is determined for each manufacturer as follows:

Where,

• 6. 

  Determination of a manufacturer’s excess CO2 emissions referred to in Article 8(2)

For each manufacturer and each reporting period of the year Y from the year 2025 onwards, the value of the vehicle category specific excess CO2 emissions exeCO2(X)Y shall be calculated as follows if the value is positive (X = NO, M).

For the reporting period of the year 2025:

For the reporting periods of the years Y from 2026 to 2028, from 2030 to 2033 and from 2035 to 2038:

For the reporting periods of the years Y from 2030 to 2033 and from 2035 to 2038:

For the reporting period of the years Y = 2029, 2034 and 2039:

For the reporting period of the years Y = 2034 and 2039:

For the reporting period of the year 2040:

For the reporting periods of the years Y > 2040:

exeCO2(NO)Y = (CO2(NO)Y – T(NO)Y) × VY

exeCO2(M)Y = (CO2(M)Y – T(M)Y) × VY

If the previous calculations result in a negative value for exeCO2(X)Y , the latter shall be set to 0.

Where,

In all other cases the value of the excess emissions exeCO2(X)Y shall be set to 0 (X = NO, M).

The excess CO2 emissions of the reporting period of the year Y as referred to in Article 8(2) shall be:

exeCO2Y = exeCO2(NO)Y + exeCO2(M)Y

6.1.   Determination of ccCO2(X)Y,I

ccCO2(X)I,Y = min(cCO2(X)I ;

Annex II is replaced by the following:

‘ANNEX II

Adjustment procedures referred to in Article 11

• 1. 

  Adjustment of reference CO2 emissions following an amendment of the type-approval procedures referred to in Article 11(2)

Following an amendment of the type-approval procedures referred to in Article 11(2), the reference CO2 emissions referred to in point 3.1.2 of Annex I shall be recalculated.

For that purpose, the CO2 emissions in g/km of new heavy-duty vehicles v of the reference period and of their primary vehicles determined for a mission profile mp, as referred to in point 2.1 of Annex I, shall be adjusted as follows:

CO2v,mp = CO2(RP)v,mp ∙ (∑ r sr,sg ∙ CO2r,mp)/ (∑ r sr,sg ∙ CO2(RP)r,mp)

CO2pv,mp = CO2p(RP)v,mp ∙ (∑ r sr,sg ∙ CO2pr,mp)/ (∑ r sr,sg ∙ CO2p(RP)r,mp)

Where

The specific CO2 emissions shall be normalised pursuant to Annex III using those values for the parameters referred to in Article 14(1), point (f), that are applicable in the reporting period referred to in Article 11(2), point (a).

The representative heavy-duty vehicles shall be defined in accordance with the methodology referred to in Article 11(3).

• 2. 

  Application of the adjusted reference CO2 emissions pursuant to Article 11(2)

If in the reporting period of the year Y the specific CO2 emissions of some new heavy-duty vehicles of a manufacturer have been determined with amendments referred to in Article 11(2), the reference CO2 emissions rCOsg of the vehicle sub-group sg used in points 4 and 5.1 of Annex I shall be calculated as follows:

rCO2sg = ∑,i Vsg,i/Vsg x rCO2sg,,i

where,

(for heavy-duty vehicles of categories N and O)

are the normalised CO2 emissions of the heavy-duty vehicle v determined for a mission profile mp that are to be considered in the calculation of point 2.1 of Annex I;

for heavy-duty vehicles of category N;

is a linear coefficient determined in accordance with point 2.1 for the reporting period of the year in which the heavy-duty vehicle v was registered;

for heavy-duty vehicles of category N;

is the curb weight of the heavy-duty vehicle v, as determined from the data reported pursuant to Articles 13a and 13b; if no precise value is available, it may be approximated by the corrected actual mass of the heavy-duty vehicle v;

is the change of total mass attributed to the heavy-duty vehicle v for the determination of its CO2 emissions;

is a linear coefficient determined in accordance with point 4.1 for the reporting period of the year in which the heavy-duty vehicle v was registered;

is the cargo volume of the heavy-duty vehicle v as determined from the data reported pursuant to Articles 13a and 13b;

vehicle identification numbers of all new heavy-duty vehicles as referred to in Article 2 that are registered in the Member State territory;

manufacturer name;

make (trade name of manufacturer);

the code for the bodywork as specified in entry 38 of the certificate of conformity, including, where applicable, the supplementing digits referred to in Appendix 2 of Annex I to Regulation (EU) 2018/858;

in the case of the heavy-duty vehicles referred to in Article 2(1), first paragraph, point (a) or (b), the information on the powerplant specified in entries 23, 23.1 and 26 of the certificate of conformity;

the maximum speed of the heavy-duty vehicle as specified in entry 29 of the certificate of conformity;

the stage of completion, as indicated in the chosen model of the certificate of conformity in accordance with point 2 of Annex VIII to Commission Implementing Regulation (EU) 2020/683 (1);

the vehicle category as specified in entry 0.4 of the certificate of conformity;

the number of axles, as specified in entry 1 of the certificate of conformity;

the TPMLM, as specified in entry 16.1 of the certificate of conformity;

the imprint of the cryptographic hash of the manufacturer’s records file as specified in entry 49.1 of the certificate of conformity; for heavy-duty vehicles registered until 30 June 2025 Member States may report only the first 8 characters of the cryptographic hash;

the specific CO2 emissions as specified in entry 49.5 of the certificate of conformity;

the average payload value as specified in entry 49.6 of the certificate of conformity;

the date of registration;

the TPMLM of the combination for a heavy-duty vehicle of category N3 in an extra heavy combination (EHC) referred to in Article 3, point (25), as specified in entry 16.4 of the certificate of conformity or individual vehicle approval certificate;

for special purpose vehicles, their designation as specified in entry 51 of the certificate of conformity;

the number of powered axles, as specified in entry 3 of the certificate of conformity;

for heavy-duty vehicles approved under Article 2(3), point (b), of Regulation (EU) 2018/858, the information that the heavy-duty vehicle was designed and constructed or adapted for use by civil protection services, fire services and forces responsible for maintaining public order;

for heavy-duty vehicles registered for use by civil protection services, fire services or forces responsible for maintaining public order, the confirmation that the vehicle is registered for use by civil protection services, fire services or forces responsible for maintaining public order and that it fulfils the conditions set out in Article 3a(5) of this Regulation. For all heavy-duty vehicles, including individually approved heavy-duty vehicles, the corresponding information shall be the information as to be provided in the EU certificate of conformity or EU individual vehicle approval certificate or the national individual approval certificate in accordance with the templates laid down in Implementing Regulation (EU) 2020/683 regardless of any national exemptions applicable under Article 45(1) of Regulation (EU) 2018/858.

1.1.

The data specified in Part A of Annex IV shall be transmitted in accordance with Article 13a by the contact point of the competent authority via electronic data transfer to the European Environment Agency.

2.1.

Manufacturers shall, without delay, report to the Commission the following information:

They shall notify the Commission without delay of any changes to that information.

The notifications shall be sent to the addresses referred to in point 1.1.

2.2.

The data specified in Part B, point 2, of Annex I shall be transmitted in accordance with Article 13b by the contact point of the manufacturer via electronic data transfer to the European Environment Agency.

3.1.

The European Environment Agency shall process the data transmitted in accordance with points 1.1 and 2.2 and shall record the processed data in the register.

3.2.

The data relating to heavy-duty vehicles registered in the preceding reporting period and recorded in the register shall be made public by 30 April each year, with the exception of the following data entries:

3.3.

Where a competent authority or a manufacturer identifies errors in the data submitted, it shall without delay notify the Commission and the European Environment Agency by submitting an error notification report to the European Environment Agency and by email to the addresses referred to in point 1.1.

3.4.

The Commission shall, with the support of the European Environment Agency, verify the notified errors and, where appropriate, correct the data in the register.

3.5.

The Commission, with the support of the European Environment Agency, shall make available electronic formats for the data transmissions referred to in points 1.1 and 2.2 in due time before the transmission deadlines.