Legal provisions of COM(2022)586 - Type-approval of motor vehicles and engines and of systems, components and separate technical units for such vehicles, regarding emissions and battery durability (Euro 7)

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dossier COM(2022)586 - Type-approval of motor vehicles and engines and of systems, components and separate technical units for such vehicles, ...
document COM(2022)586 EN
date April 24, 2024


Chapter I – Subject matter, scope and definitions

Contents

Article 1 - Subject matter

1. This Regulation establishes common technical requirements and administrative provisions for the emission type-approval and market surveillance of motor vehicles, systems, components and separate technical units, with regard to their CO2 and pollutant emissions, fuel and energy consumption and battery durability.

2. This Regulation lays down rules for the initial emission type approval, conformity of production, in-service conformity, market surveillance, the durability of pollution control systems and traction batteries, on-board monitoring systems, security provisions to limit tampering and cybersecurity measures, and the accurate determination of CO2 emissions, electric range, fuel and energy consumption and energy efficiency.

Article 2 - Scope

This Regulation applies to motor vehicles of categories M1, M2, M3, N1, N2 and N3, as well as trailers of O3 and O4 categories as specified in Article 4 of Regulation (EU) No 2018/858, including those designed and constructed in one or more stages, and to systems, components and separate technical units intended for such vehicles.

Article 3 - Definitions

For the purposes of this Regulation, definitions in Regulation (EU) 2018/858 apply.

For the purposes of this Regulation, the following definitions apply:

(1) ‘emission type-approval’ means an EU type-approval complying with the administrative provisions and technical requirements of this Regulation in regards to their CO2 and pollutant emissions, fuel and energy consumption and battery durability;

(2) ‘initial emission type approval’ or ‘IETA’ means the first phase of an emission type approval procedure before the emission type approval certificate is granted by the authorities and vehicles are put into production;

(3) ‘conformity of production’ or ‘CoP’ means the activities carried out on new vehicles, separate technical units or components selected at the manufacturer’s premises to ensure that the products put into the market comply with the requirements set out in this Regulation;

(4) ‘in-service conformity’ or ‘ISC’ means the activities carried out on vehicles in circulation with the purpose of verifying the durability requirements set out in this Regulation;

(5) ‘engine’ means the propulsion source of a vehicle;

(6) ‘emissions’ means the exhaust and non-exhaust emissions of a motor vehicle;

(7) ‘exhaust emissions’ means the emission from the tailpipe of the motor vehicle or engine of all of the following: CO2, gaseous, solid, liquid compounds and crankcase emissions;

(8) ‘gaseous pollutants’ means the emissions of gaseous chemical species, excluding CO2;

(9) ‘CO2 emissions’ or ‘CO2’ means the emission of carbon dioxide from the tailpipe of the motor vehicle or engine;

(10) ‘nitrogen oxides’ or ‘NOx’ means the sum of the oxides of nitrogen emitted from the tailpipe;

(11) ‘particulate matter’ or ‘PM’ means any material emitted from the tailpipe or the brakes and collected on a filter media;

(12) ‘particulate matter less than 10 µm’ or ‘PM10’ means the particulate matter with a diameter less than 10 µm; 

(13) ‘particle number’ or ‘PN’  means the total number of solid particles emitted from the tailpipe or the brakes;

(14) ‘particle number above 10 nm’ or ‘PN10’  means the total number of solid particles emitted from the tailpipe or the brakes that have a diameter larger or equal than 10 nm;

(15) ‘carbon monoxide’ or ‘CO’ means the carbon monoxide emitted from the tailpipe;

(16) ‘methane’ or ‘CH4’ means the methane emitted from the tailpipe;

(17) ‘total hydrocarbons’ or ‘THC’ means the total hydrocarbons emitted from the tailpipe;

(18) ‘non-methane hydrocarbons’ or ‘NHMC’ means the total hydrocarbons emitted from the tailpipe excluding methane;

(19) ‘non-methane organic gases’ or ‘NMOG’ means the sum of non-oxygenated and oxygenated hydrocarbons emitted from the tailpipe;

(20) ’ammonia’ or ‘NH3’ means the ammonia emitted from the tailpipe;

(21) ’formaldehyde’ or ‘HCHO’ means the formaldehyde emitted from the tailpipe;

(22) ‘WHTC’ means the worldwide harmonised transient driving cycle in accordance with paragraph 7.2.1. of Annex 4 to UN Regulation No. 49;

(23) ‘WHSC’ means the worldwide harmonised steady state driving cycle in accordance with paragraph 7.2.2. of Annex 4 to UN Regulation No. 49;

(24) ‘vehicle energy consumption calculation tool’ or ‘VECTO’ means a simulation tool used for determining CO2 emissions, fuel consumption, electric energy consumption and the electric range from heavy duty vehicles; ‘energy consumption’ means the consumption of electric energy from each and all propulsion sources within a vehicle;

(25) ‘fuel consumption’ means the consumption of fuel from each and all propulsion sources within a vehicle;

(26) ‘evaporative emissions’ means the hydrocarbon vapours emitted from the fuel system of a vehicle excluding those from exhaust emissions;

(27) ‘crankcase emissions’ means the gaseous pollutants emitted from the spaces in, or external to, an engine which are connected to the oil sump by internal or external ducts;

(28) ‘brake particle emissions’ means the particles emitted from the brake system of a vehicle;

(29) ‘tyre abrasion’ means the mass of material lost from the tyre due to the abrasion process and emitted to the environment;

(30) ‘non-exhaust emissions’ means evaporative, tyre abrasion, and brake emissions;

(31) ‘pollutant emissions’ means exhaust and non-exhaust emissions other than CO2 emissions;

(32) ‘pollution control device’ means those devices of a vehicle that control or limit pollutant emissions;

(33) ‘pollution control systems’ means the pollution control devices installed in a vehicle, including all control units and software that govern their use;

(34) ‘original pollution control systems’ means a pollution control system or an assembly of such systems covered by the type-approval granted for the vehicle concerned;

(35) ‘replacement pollution control systems’ means a pollution control system or an assembly of such systems intended to replace an original pollution control system and which can be approved as a separate technical unit;

(36) ‘adaptive control function’ means a system that adjusts engine, pollution control systems or other vehicle parameters with the purpose to improve fuel or energy consumption and the effectiveness of the pollution control system based on the expected usage of the vehicle;

(37) ‘on-board diagnostic system’ or ‘OBD’ means a system that can generate vehicle on-board diagnostic (OBD) information, as defined in Article 3, point 49, of Regulation (EU) 2018/858 and is capable of communicating that information via the OBD port and over the air;

(38) ‘on-board monitoring system’ or ‘OBM’ means a system on board a vehicle that is capable of detecting either emission exceedances or when a vehicle is in zero emission mode if applicable, and capable of indicating the occurrence of such exceedances by means of information stored in the vehicle, and of communicating that information via the OBD port and over the air;

(39) ‘on-board fuel and energy consumption monitoring device’ or ‘OBFCM device’ means any software or hardware that senses and uses vehicle, engine, fuel or electric energy and payload/mass parameters to determine, store in the vehicle the fuel and energy consumption data and other parameters relevant for determining the fuel or energy consumption and energy efficiency of the vehicle;

(40) ‘defeat device’ means any software or hardware that senses temperature, vehicle speed, engine speed , transmission gear, manifold vacuum or any other parameter to activate, modulate, delay or deactivate the operation of any part of the pollution control system, with the purpose of reducing the effectiveness of the pollution control system when the vehicle is driven;

(41) ‘defeat strategy’ means a strategy that reduces the effectiveness of the pollution controls under ambient or engine operating conditions encountered either during vehicle operation or outside the type-approval test procedures or falsifies data related to sensors, fuel or energy consumption, electric range or battery durability;

(42) ‘real driving emissions’ or ‘RDE’ means the emissions of a vehicle under normal driving conditions and extended conditions as specified in Tables 1 and 2 of Annex III;

(43) ‘odometer’ means an instrument indicating the total distance driven by the vehicle since its production;

(44) ‘tampering’ means the inactivation, or modification by the economic operators or independent operators, of the engine, vehicle pollution control device and system, propulsion system, traction battery, odometer, OBFCM or OBD/OBM, including any software or other logical control elements of those systems and their data;

(45) ‘own production facility’ means a manufacturing or assembly plant used by the manufacturer for the purpose of manufacturing or assembling new vehicles for that manufacturer, including, where relevant, vehicles which are intended for export;

(46) ‘own design centre’ means a facility in which the whole vehicle is designed and developed, and which is under the control and use of the manufacturer;

(47) ‘small volume manufacturer’ means a manufacturer of fewer than 10 000 new motor vehicles of category M1 or 22 000 new motor vehicles of category N1 registered in the Union per calendar year and which:

(a)is not part of a group of connected manufacturers; or

(b)is part of a group of connected manufacturers that is responsible in total for fewer than 10 000 new motor vehicles of category M1 or 22 000 new motor vehicles of category N1 registered in the Union per calendar year; or

(c)is part of a group of connected manufacturers but operates its own production facilities and own design centre;

(48) ‘ultra-small-volume manufacturer’ means a small volume manufacturer that produces fewer than 1 000 new motor vehicles of category M1 or fewer than 1 000 new motor vehicles of category N1 registered in the Union in the previous calendar year;

(49) ‘pure internal combustion engine vehicle’ or ‘ICEV’ means a vehicle where all of the propulsion energy converters are internal combustion engines, including hydrogen powered ones;

(50) ‘pure electric vehicle’ or ‘PEV’ means a vehicle equipped with a powertrain containing exclusively electric machines as propulsion energy converters and exclusively rechargeable electric energy storage systems as propulsion energy storage systems;

(51) ‘fuel cell’ means an energy converter transforming chemical energy (input) into electrical energy (output) or vice versa;

(52) ‘fuel cell vehicle’ or (‘FCV) means a vehicle equipped with a powertrain containing exclusively fuel cell(s) and electric machine(s) as propulsion energy converter(s);

(53) ‘fuel cell hybrid vehicle’ or (‘FCHV’) means a fuel cell vehicle equipped with a powertrain containing at least one fuel storage system and at least one rechargeable electric energy storage system as propulsion energy storage systems;

(54) ‘hybrid vehicle’ or ‘HV’ means a vehicle equipped with a powertrain containing at least two different categories of propulsion energy converters and at least two different categories of propulsion energy storage systems;

(55) ‘hybrid electric vehicle’ or ‘HEV’ means a hybrid vehicle where one of the propulsion energy converters is an electric machine;

(56) ‘off-vehicle charging hybrid electric vehicle’ or ‘OVC-HEVs’ means a hybrid electric vehicle that can be charged from an external source;

(57) ‘not off-vehicle charging hybrid electric vehicle’ or ‘NOVC-HEV’ means a vehicle with at least two different energy converters and two different energy storage systems that are used for the purpose of vehicle propulsion and that cannot be charged from an external source;

(58) ‘geofencing technologies’ means technologies that do not allow a hybrid vehicle to run with the use of the internal combustion engine (i.e. to enable zero-emission mode) when driven inside a specific geographic area;

(59) ‘zero-emission mode’ means a selectable mode, whereby a hybrid vehicle is driven without the use of the internal combustion engine;

(60) ‘net power’ means the power obtained on a test bench at the end of the crankshaft or its equivalent at the corresponding engine or motor speed with the auxiliaries, and which is determined under the reference atmospheric conditions;

(61) ‘wheel power’ means the power measured at the wheels of a vehicle and used for its propulsion;

(62) ‘power-to-mass-ratio’ means the ratio of rated power to the mass in running order;

(63) ‘rated power’ or ‘Prated’ means the maximum net power of the engine or motor in kW;

(64) ‘mass in running order’ means the mass of the vehicle, with its fuel tank(s) filled to at least 90 per cent of their capacities, including the mass of the driver, fuel and liquids, fitted with the standard equipment in accordance with the manufacturer’s specifications and, when they are fitted, the mass of the bodywork, the cabin, the coupling and the spare wheels as well as the tools;

(65) ‘traction battery’ means a battery system that stores energy with the main purpose of propelling the vehicle;

(66) ‘electric range’ means the distance travelled in charge-depleting operation condition until the traction battery is depleted;

(67) ‘zero-emission range’ means the maximum distance a zero-emission vehicle can travel until the traction battery or fuel tank is depleted, which for PEVs corresponds to the electric range;

(68) ‘durability’ means the ability of a system or device, component or any part of the vehicle to maintain its required performance over a given time;

(69) ‘battery durability’ means the durability of a traction battery measured in terms of its State of Health;

(70) ‘state of health’ or ‘SOH’ means the measured or estimated state of a specific performance metric of a vehicle or traction battery at a specific point in its lifetime, expressed as a percentage of the performance that was determined when certified or new;

(71) ‘environmental vehicle passport’ or ‘EVP’ means a record on paper and digital form containing information on the environmental performance of a vehicle at the moment of registration, including the level of pollutant emission limits, CO2 emissions, fuel consumption, energy consumption, electric range and engine power, and battery durability and other related values; 

(72) ‘excess emissions driver warning system’ means a system designed, constructed and installed in a vehicle to provide information to the user about excess emissions and enforce repairs;

(73) ‘low-reagent driver warning system’ means a system designed, constructed and installed in a vehicle to warn the user of the low level of the consumable reagent, and enforce the use of the reagent;

(74) ‘idle emissions’ means exhaust emissions produced when the internal combustion engine operates but is not under load for the purposes of propelling the vehicle;

(75) ‘declaration of conformity’ means a declaration by the manufacturer that a specific type or group of vehicles, component or separate technical unit is in conformity with the requirements of this regulation

(76) ‘energy efficiency of a trailer’ means the performance of a trailer with regard to its influence on the CO2 emissions, fuel and energy consumption, zero-emission range, electric range and engine power of a towing motor vehicle;

(77) 'snow tyre' means a tyre whose tread pattern, tread compound or structure is primarily designed to achieve in snow conditions a performance better than that of a normal tyre with regard to its ability to initiate or maintain vehicle motion;

(78) 'special use tyre' means a tyre intended for mixed use both on- and off-road or for other special duty. These tyres are primarily designed to initiate and maintain the vehicle in motion in off-road conditions.

Chapter II – Manufacturers’ obligations

Article 4 - Obligations of the manufacturers concerning construction of vehicles

1. Manufacturers shall ensure that the new vehicles they manufacture, which are sold, registered or put into service in the Union, are type approved in accordance with this Regulation. Manufacturers shall ensure that the new components or separate technical units, including engines, traction batteries, brake systems and replacement pollution control systems requiring type-approval which they manufacture and which are sold or put into service in the Union are type approved in accordance with this Regulation

2. Manufacturers shall design, construct and assemble vehicles to comply with this Regulation, including complying with the emission limits set out in Annex I and respecting the values declared in the certificate of conformity and in the type-approval documentation for the lifetime of the vehicle as set out in table 1 of Annex IV. These vehicles shall be designated as “Euro 7” vehicles.

3. When verifying compliance with the exhaust emission limits, where the testing is performed in extended driving conditions, the emissions shall be divided by the extended driving divider set out in Annex III.

The emissions during regeneration of pollution control systems will be included as a weighted average based on the frequency and duration of the regeneration events.

4. Manufacturers shall design and construct components or separate technical units, including engines, traction batteries, brake systems and replacement pollution control systems to comply with this Regulation, including complying with the emission limits set out in Annex I. 

5. Manufacturers shall not design, construct and assemble vehicles with defeat devices or defeat strategies.

6. Manufacturers shall design, construct and assemble vehicles of categories M1, M2, M3, N1, N2 and N3 with:

(a)OBD systems capable of detecting malfunctioning systems which lead to emission exceedances in order to facilitate repairs; 

(b)OBM systems capable of detecting emissions above the emission limits due to malfunctions, increased degradation or other situations that increase emissions; 

(c)OBFCM device to monitor their real-world fuel and energy consumption and other relevant parameters such as payload/mass which are needed to determine their real-world fuel and energy efficiency;

(d)SOH monitors of the traction battery and emission systems;

(e)excess emissions driver warning systems; 

(f)low-reagent driver warning systems; 

(g)devices communicating vehicle generated data used for compliance with this regulation and OBFCM data, for the purpose of periodic roadworthiness tests and technical roadside inspection over the air, and for the purposes of communicating with recharging infrastructure and stationary power systems capable of supporting smart and bidirectional charging functionalities.

7. Manufacturers shall design, construct and assemble vehicles of categories M1, M2, M3, N1, N2 and N3 in such a way to minimise vulnerabilities, arising in all phases of their life-cycle, that may lead to tampering with the following:

(a)fuel and reagent injection system,

(b)engine and engine control units

(c)traction batteries,

(d)odometer and

(e)pollution control systems.

8. The manufacturer shall prevent the possibility of exploiting vulnerabilities referred to in paragraph 7. When such a vulnerability is found, the manufacturer shall remove the vulnerability, by software update or any other appropriate means.

9. The manufacturers shall ensure the secure transmission of data related to emissions and battery durability by taking cybersecurity measures in accordance with UN Regulation 155 54 .

10. The Commission shall adopt, by means of implementing acts, detailed rules on the procedures, tests and methodologies to verify compliance with the requirements laid down in paragraphs 1 to 9. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2). 

Article 5 - Options of the manufacturers concerning the construction and designation of vehicles

1. Manufacturers may designate the vehicles they manufacture as “Euro 7+ vehicle” where those vehicles comply with the following:

(a)for ICEV and NOVC-HEV by declaring compliance with at least 20 % lower emission limits than those set out in Annex I for gaseous pollutants and one order of magnitude lower emission limits for particle number emissions;

(b)for OVC-HEV by declaring compliance with at least 20 % lower emission limits than those set out in Annex I for gaseous pollutants, one order of magnitude lower emission limits for particle number emissions and battery durability that is at least 10 percentage points higher than the requirements set out in Annex II;

(c)for PEV by declaring battery durability that is at least 10 percentage points higher than the requirements set out in Annex II.

2. Compliance of these vehicles with the requirements under paragraph 1 shall be checked against the declared values.

3. Manufacturers may designate vehicles as “Euro 7A vehicle” where those vehicles are equipped with adaptive control functions. The use of adaptive control functions shall be demonstrated to the type-approval authorities during type-approval and verified during the lifetime of the vehicle as set out in table 1, Annex IV.

4. Manufacturers may designate vehicles as “Euro 7G vehicle” where those vehicles are equipped with internal combustion engines with geofencing technologies. The manufacturer shall install a driver warning system on those vehicles to inform the user when the traction batteries are nearly empty and to stop the vehicle if not charged within 5 km from the first warning while on zero-emission mode. The application of such geofencing technologies may be verified during the lifetime of the vehicle.

5. Manufacturers may construct vehicles combining two or more of the characteristics referred to in paragraphs 1, 2 or 3 and designate them using a combination of symbols and letters such as “Euro 7+A”, “Euro 7+G”, “Euro 7+AG” or “Euro 7AG” vehicles.

6. At the manufacturer’s request, for N2 vehicles between 3.5 and 4.0 tonnes maximum mass originating from an N1 vehicle type, the type-approval authority may grant an emission type-approval for N1 vehicle type. Such vehicles shall be designated as “Euro 7ext vehicle”.

7. The Commission shall adopt, by means of implementing acts, detailed rules on the procedures, tests and methodologies to verify compliance with the requirements laid down in paragraphs 1 to 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2). 

Article 6 - Durability requirements for vehicles, systems, components and separate technical units 

1. Manufacturers shall ensure that the vehicles they manufacture, which are sold, registered or put into service in the Union, comply with the emission limits set out in Annex I when driven under the normal and extended driving conditions as set out in Annex III, for the lifetime of the vehicle as set out in table 1 of Annex IV, and comply with the minimum performance requirements on battery durability as set out in Annex II. 

2. Manufacturers shall ensure that these vehicles comply with the values regarding CO2 emissions, fuel and energy consumption and energy efficiency declared under the provisions of this Regulation for the lifetime of the vehicle as set out in Annex IV, Table 1.

3. Manufacturers shall ensure that OBFCM, OBD and OBM devices and anti-tampering measures installed in these vehicles comply with the provisions of this Regulation as long as the vehicle is in use.

4. The requirements referred to in points 1 to 3 shall apply to vehicles for all types of fuels or energy sources by which they are powered. The same requirements shall also apply to all separate technical units and components intended for such vehicles.

5. In order to verify compliance with the requirements referred to in the first paragraph during the additional lifetime of a vehicle, the gaseous pollutant emission limits set out in Annex I shall be adjusted by using the durability multipliers, set out in table 2 of Annex IV.

6. The OBM systems installed by the manufacturer in these vehicles shall be capable of all of the following: 

(a)registering the magnitude and duration of all emission exceedances;

(b)communicating the data of the emission behaviour of the vehicle, including pollutant sensor and exhaust flow data, via the OBD port and over the air, including for the purpose of roadworthiness tests and technical roadside inspections 55 , 56 ;

(c)triggering repair of the vehicle when the driver warning system notifies significantly excess emissions.

7. The OBFCM devices installed by the manufacturer in these vehicles shall be capable of communicating the vehicle data they record via the OBD port and over the air.

8. For vehicles, systems, components and separate technical units presenting a serious risk or non-compliance with the requirements laid down in this regulation, manufacturers shall immediately take the necessary corrective measures, including repairs or modifications of those vehicles, systems, components and separate technical units as appropriate, to ensure compliance with this regulation. Manufacturers or any other economic operator shall withdraw it from the market or recall it, as appropriate. The manufacturer shall immediately inform the type approval authority that granted the type-approval of the non-conformity with appropriate details.

9. The Commission shall adopt, by means of implementing acts, detailed rules on requirements, tests, methods and corrective measures related to the obligations referred to in paragraphs 1 to 8. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2). 

Article 7 - Obligations of the manufacturers concerning emission type-approval

1. In order to demonstrate compliance with the emission type-approval rules during emission type-approval, the manufacturer shall perform the tests specified in tables 1, 3, 5 7 and 9 of Annex V. For the purpose of verifying the conformity of production with the requirements of this Regulation vehicles, components and separate technical units shall be selected at the premises of the manufacturer by the type approval authority or the manufacturer. In-service conformity shall be checked for the periods prescribed in table 1 of Annex IV.

2. The manufacturer shall provide the type-approval authority with a signed declaration of conformity as regards the RDE, CO2 ambient temperature correction, OBD, OBM, emission and battery durability, continuous or periodic regeneration, anti-tampering and crankcase requirements as specified in Annex V.  The manufacturer shall provide to the type-approval authority a signed declaration of conformity on the use of adaptive controls and geofencing options when the manufacturer selects these options.

3. The national authorities may test the vehicle type to verify its conformity during conformity of production, in-service conformity or market surveillance as specified in Annex V.

4. Manufacturers shall issue the environmental vehicle passport (EVP) for each vehicle and deliver that passport to the purchaser of the vehicle together with the vehicle, extracting the relevant data from sources such as the certificate of conformity and the type-approval documentation. The manufacturer shall ensure that EVP data are available for display in the vehicle electronic systems and can be transmitted from on- to off- board.

5. The Commission shall adopt implementing acts laying down the testing and compliance verifications as well as procedures, related to emission type-approval, conformity of production, in-service conformity, declaration of conformity and EVP under paragraphs 1to 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).

Article 8 - Special rules for small volume manufacturers

1. As regards pollutant emissions, small volume manufacturers may substitute tests set out in tables 1, 3, 5, 7 and 9 of Annex V with declarations of conformity. The compliance of vehicles constructed and put into the market by small volume manufacturers may be tested for in service conformity and market surveillance in accordance with tables 2, 4, 6, 8 and 10 of Annex V. Conformity of production tests set out in Annex V shall not be required. Article 4(4) point (b) shall not apply to small volume manufacturers.

2. Ultra-small volume manufacturers shall comply with the emission limits set out in Annex I in laboratory tests based on random real-driving cycles for in-service conformity and market surveillance purposes.

Article 9 - Special rules for multistage vehicles

1. In multistage type-approvals, manufacturers of the second or subsequent stages shall be responsible for the emission type-approval where they modify any part of the vehicle that, according to the data provided by the manufacturers of the previous stage, might affect emissions or battery durability. 

2. The Commission shall adopt implementing acts laying down the administrative requirements and data to be provided by manufacturers of the previous stage in accordance with paragraph 1 and procedures for the determination of CO2 emissions of such vehicles. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2). 

Chapter III – Obligations of Member States for emission type-approval and market surveillance

Article 10 - Emission type-approval, conformity of production, in-service conformity and market surveillance 

1. National approval authorities shall put in place measures to grant emission type-approvals to vehicle types, components and separate technical units and to perform tests, checks and inspections for verifying whether the manufacturers comply with the requirements for conformity of production and in-service conformity in accordance with Annex V. 

2. National market surveillance authorities shall perform market surveillance checks in accordance with Article 8 of Regulation (EU) 2018/858 and tables 2, 4, 6, 8 and 10 of Annex V.

3. With effect from … [OP please insert the date = the date of entry into force of this Regulation], where a manufacturer so requests, the national approval authorities shall not refuse to grant EU emission type-approval or national emission type-approval for a new type of vehicle or engine, or prohibit the registration, sale or entry into service of a new vehicle complying with this regulation.

4. With effect from 1 July 2025, national authorities shall, in the case of new M1, N1 vehicles which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and energy consumption or battery durability, prohibit the registration, sale or entry into service of such vehicles.

5. With effect from 1 July 2027, national authorities shall, in the case of new M2, M3, N2, N3 vehicles and new O3, O4 trailers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles. 

6. With effect from 1 July 2030, national authorities shall, in the case of new M1, N1 vehicles constructed by small volume manufacturers which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles.

7. With effect from 1 July 2031, national authorities shall, in the case of new M2, M3, N2, N3 vehicles constructed by small volume manufacturers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles.

8. The Commission shall adopt implementing acts laying down the administrative and technical elements required for performing tests, checks and inspections for the purposes of verifying compliance with paragraph 1, as well as the technical elements required for market surveillance checks under paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).

Article 11 - Specific obligations of Member States concerning the emission type-approval of systems, components and separate technical units 

1. With effect from 1 July 2025, the sale or installation of a system, component or separate technical unit intended to be fitted on an M1, N1 vehicle approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not of type approved in compliance with this Regulation.

2. With effect from 1 July 2027, the sale or installation of a system, component or separate technical unit intended to be fitted on an M2, M3, N2, N3 vehicle approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not type approved in compliance with this Regulation.

3. National approval authorities may continue to grant extensions, to EU emission type-approvals of replacement pollution control systems granted before this regulation applies under the terms which applied at the time of the initial emission type-approval. National authorities shall prohibit the sale or installation on a vehicle of such replacement pollution control systems unless they are type approved.

Article 12 - Correct operation of systems using a consumable reagent and pollution control systems

1. Economic operators and independent operators shall not tamper with the vehicle and its systems.

2. National authorities shall, during in-service conformity or market surveillance checks, verify whether manufacturers of vehicles have correctly installed excess emissions driver warning systems, low-reagent driver warning systems and whether vehicles can be tampered.

Chapter IV

Role of the Commission and third parties for in-service conformity and market surveillance

Article 13 - Application of test requirements for Commission and third parties

1. The Commission or third parties, in accordance with Article 9 and 13(10) of Regulation (EU) 2018/858, may perform in-service conformity and market surveillance checks set out in Tables 2, 4, 6, 8, and 10 of Annex V, to verify compliance of vehicles, components and separate technical units with this Regulation.

2. Manufacturers shall make available the data required to perform such checks to the Commission and third parties in accordance with Articles 9(5) and 13(10) of Regulation (EU) 2018/858.

Chapter V

Tests and declarations

Article 14 - Procedures and tests

1. Procedures for the emission type-approval shall include tests and checks as well as the application of all administrative procedures and documentation requirements as specified in Annex V. For the requirements specified in Annex V, where applicable the manufacturer shall provide a declaration of conformity to the type-approval authority.

2. Tests to prove compliance with the requirements of Article 4 shall be applied by manufacturers and national authorities as specified in Annex V. Tests to prove compliance with the requirements of Article 4 may be applied by the Commission and third parties also as specified in Annex V.

3. The Commission shall adopt implementing acts for all the phases of emission type-approval, including conformity of production, in-service conformity and market surveillance, addressing procedures and tests for emission type-approval, testing methodologies, administrative provisions, amending and extending emission type-approvals, data access, documentation requirements and templates for all of the following:

(a)M1, N1 vehicle types;

(b)M2, M3, N2, N3 vehicle types;

(c)engines used in M2, M3, N2, N3 vehicle types;

(d)OBM/OBD systems;

(e)anti-tampering, security and cybersecurity systems;

(f)replacement pollution control systems types and their parts;

(g)brake system types and their replacement parts;

(h)tyre types in respect to tyre abrasion;

(i)other component types and their replacement parts;

(j)CO2, fuel and energy consumption, electric range and engine power determination for M1, N1 vehicles, provisions for OBFCM;

(k)CO2, fuel and energy consumption, zero-emission range, electric range and engine power determination for M2, M3, N2, N3 vehicles, energy efficiency of O3, O4 trailers, provisions for OBFCM.

4. The Commission shall be empowered to adopt implementing acts for all phases of the emission type-approval, including in-service conformity, conformity of production and market surveillance, to lay down the following:

(a)the methods to measure exhaust emissions in the lab and on the road, including random and worst-case RDE test cycles, the use of portable emissions measurement systems for verifying real driving emissions, and idle emissions;

(b)the methods to determine the CO2 emissions, fuel and energy consumption, zero-emission range, electric range and engine power of a motor vehicle;

(c)the methods, requirements and technical specifications for gear shift indicators;

(d)the methods to determine the energy efficiency of O3, O4 trailers;

(e)the methods to measure crankcase emissions;

(f)the methods to measure evaporative emissions;

(g)the methods to measure brake particle emissions, including methods for HDV, real driving brake particle emissions and regenerative braking;

(h)the methods to measure tyre abrasion in order to monitor tyre abrasion rates;

(i)the methods to evaluate compliance with minimum performance requirements of battery durability;

(j)OBFCM device, OBD and OBM systems, including compliance thresholds, performance requirements and tests, methods to ensure performance of sensors and over the air communication of data recorded by these devices and systems;

(k)characteristics and performance of driver warning systems and inducement methods and method to assess their correct operation;

(l)the methods to assess the correct operation, effectiveness, regeneration and durability of original and replacement pollution control systems; 

(m)methods to ensure and assess security measures referred to in Article 4(5), including the methodology for the vulnerability analysis and tampering protection; 

(n)the criteria for emission type-approvals and implementation of special rules for small and ultra-small volume manufacturers set out in Article 8;

(o)the methods to assess the correct functioning of vehicle types approved under the designations in Article 5

(p)checks for compliance with the provisions of Article 9 (1) and test procedures for multistage vehicles;

(q)performance requirements for test equipment;

(r)specifications of reference fuels for testing;

(s)methods for establishing the absence of defeat devices and defeat strategies;

(t)methods to measure tyre abrasion;

(u)format and data and over the air communication methods for the EVP;

(v)administrative requirements and documentation for emission type-approval;

(w)reporting obligations where appropriate.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).

Article 15 - Adaptation to technical progress

1. The Commission shall be empowered to adopt delegated acts in accordance with Article 16 in order to take into account technical progress to amend the following:

(a)Annex III, as regards the test conditions for M2, M3, N2, N3 vehicles, based on data collected when testing Euro 7 vehicles;

(b)Annex III, as regards the test conditions, based on data collected when testing Euro 7 brakes or tyres;

(c)Annex V, as regards the application of test requirements and declarations, based on technical progress;

(d)Article 5 by introducing options and designations based on innovative technologies for manufacturers. 

2. The Commission shall be empowered to adopt delegated acts to supplement this Regulation in accordance with Article 16 in order to take into account technical progress by:

(a)setting out brake particle emission limits in Annex I referring to the work performed in the UN World Forum for Harmonisation of Vehicle Regulations (WP29);

(b)setting out abrasion limits for tyre types in Annex I referring to the work performed in the UN World Forum for Harmonisation of Vehicle Regulations (WP29);

(c)setting out the minimum performance requirements of batteries laid down in Annex II, referring to the work performed in the UN World Forum for Harmonisation of Vehicle Regulations (WP29);

(d)setting out durability multipliers in Annex IV based on data collected when testing Euro 7 M2, M3, N2, N3 vehicles and a report on the durability of heavy duty vehicles submitted to the European Parliament and Council;

(e)setting out definitions and special rules for small volume manufacturers for vehicle categories M2, M3, N2, N3 under Article 3 and Article 8 of this Regulation.

Chapter VI- General Provisions

Article 16 - Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 15 shall be conferred on the Commission for a period of five years from... [OP please insert the date = the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 15 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 15 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 17 - Committee Procedure

1. The Commission shall be assisted by the Technical Committee –Motor Vehicles. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 18 - Reporting

1. By 1 September 2030, Member States shall inform the Commission of the application of this Regulation.

2. By 1 September 2031, on the basis of the information supplied in accordance with paragraph 1, the Commission shall submit to the European Parliament and to the Council an evaluation report on the application of this Regulation.

Chapter VI- Final Provisions

Article 19 - Repeal of Regulation (EC) 715/2007 and Regulation (EC) 595/2009

Regulation (EC) 715/2007 is repealed with effect from 1 July 2025.

Regulation (EC) 595/2009 is repealed with effect from 1 July 2027.

References to Regulations (EC) 715/2007 and 595/2009 shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex VI to this Regulation.

Article 20 - Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 July 2025 for M1, N1 vehicles and components and separate technical units for those vehicles and from 1 July 2027 for M2, M3, N2, N3 vehicles and components and separate technical units for those vehicles and O3, O4 trailers.

It shall apply from 1 July 2030 for M1, N1 vehicles constructed by small volume manufacturers.

Notwithstanding paragraph 2, Article 11(3) shall apply from the entry into force of this regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.