Legal provisions of COM(2023)88 - Amendment of Regulation (EU) 2019/1242 as regards strengthening the CO₂ emission performance standards for new heavy-duty vehicles and integrating reporting obligations

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dossier COM(2023)88 - Amendment of Regulation (EU) 2019/1242 as regards strengthening the CO₂ emission performance standards for new heavy-duty ...
document COM(2023)88 EN
date February 14, 2023

Contents

Article 1 - Amendments to Regulation (EU) 2019/1242

Regulation (EU) 2019/1242 is amended as follows:

(1) Article 1 is replaced by the following:

‘Article 1

Subject matter and objective

1. This Regulation establishes CO2 emissions performance requirements for new heavy-duty vehicles that contribute to achieving the Union's target of reducing its greenhouse gas emissions, as laid down in Regulation (EU) 2018/842 23 , and the objectives of the Paris Agreement 24 and to ensure the proper functioning of the internal market.

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

(2) Article 2 is amended as follows:

(a)paragraph 1 is replaced by the following:

‘1. This Regulation shall apply to new vehicles, which have either been type-approved or approved individually under Regulation (EU) 2018/858 or do not require type-approval under Article 2(3) of the same Regulation, belonging to the following categories:

(a) M2 and M3;

(b) N1, which do not fall under Regulation (EU) 2019/631, N2 and N3;

(c) O3 and O4.

For the purposes of this Regulation, those vehicles shall be referred to as heavy-duty vehicles. Vehicles falling under points (a) and (b) shall be referred to as heavy-duty motor vehicles.

The vehicle categories referred to in this Regulation refer to the vehicle categories as defined in Article 4 of Regulation (EU) 2018/858 and Annex I thereto.’;

(b)paragraph 2 is amended as follows:

(i)the first subparagraph is replaced by the following:

‘2. The vehicles referred to in paragraph 1 shall, for the purposes of this Regulation, be considered as new heavy-duty vehicles in a given reporting period, if they are registered in the Union for the first time in that period and have not been previously registered outside the Union.’;

(ii)the following subparagraph is added:

‘Paragraph 1 shall not apply to vehicles first registered for a period not exceeding one month and registered for the sole purpose of transition to a country outside of the Union.’;

(c)The following paragraphs 4, 5 and 6 are added:

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

5. Vehicles other than those referred to in paragraph 4 registered for use by civil protection, fire services, forces responsible for maintaining the public order, armed services or urgent medical care shall not be subject to the CO2 emission targets under Article 3a, if 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 vehicle cannot be equally served by a ZEV and it is thus in the public interest to register a vehicle with a combustion engine to fulfil that purpose.

6. The reporting obligations laid down in Articles 13a to 13f shall also apply to the vehicles that are not subject to CO2 emission targets in accordance with paragraphs 4 and 5 of this Article.’;

(3) Article 3 is amended as follows:

(a)point (1) is replaced by the following:

‘(1) ‘reference CO₂ emissions’ means the average of the specific CO2 emissions in the reference period of all new heavy-duty vehicles in each of the vehicle sub-groups, determined in accordance with point 3 of Annex I;’;

(b)the following points (3a) and (3b) are inserted:

‘(3a) ’reporting period’ means the period of a given year from 1 July to 30 June of the following year;

(3b) ‘reference period’ means the reporting period of a certain year with respect to which the regulatory reduction obligations for a certain vehicle sub-group are specified under this Regulation;’;

(c)point (5) is replaced by the following:

‘(5) ‘specific CO2 emissions target’ means the CO₂ emissions target of an individual manufacturer determined annually for the preceding reporting period in accordance with point 4 of Annex I;’;

(d)point (9)is replaced by the following:

‘(9) ‘vocational vehicle’ means a heavy-duty vehicle intended to be used for specific duties, which according to the information in its certificate of conformity, as reported by Member States, fulfills the criteria laid out in point 1.2. of Annex I;’;


(e)point (10) is deleted;

(f)the following points (10a) and (10b) are inserted:

’(10a) ’reporter’ means an entity which is responsible for the reporting of data to the Commission;

(10b) ‘determination of a heavy-duty vehicle’ means the determination of its CO2 emissions or input parameters according to Article 9 of Regulation (EU) 2017/2400 or the assessment of its performance with regard to its influence on CO2 emissions and fuel consumption according to Article 8 of Commission Implementing Regulation (EU) 2022/1362;’;

(g)point (11) is replaced by the following:

‘(11) ‘zero-emission vehicle’ means the following vehicles:

(a)    a heavy-duty motor vehicle with not more than 5 g/(t∙km) or 5 g/(p∙km) of CO2 emissions as determined in accordance with Article 9 of Regulation (EU) 2017/2400;

(b)    a heavy-duty motor vehicle fulfilling the conditions of point 1.1.4 of Annex I to this Regulation if no CO2 emissions have been determined according to Regulation (EU) 2017/2400;

(c )    a trailer equipped with a device that actively supports its propulsion and has no internal combustion engine or has an internal combustion engine emitting less than 5 g CO2/kWh as determined in accordance with Regulation (EC) No 595/2009 of the European Parliament and of the Council and its implementing measures or UNECE Regulation (EC) No 49.

(h)point (12) is replaced by the following:

‘(12) ‘low-emission heavy-duty vehicle’ means a heavy-duty vehicle, other than a zero-emission heavy-duty vehicle, with specific CO₂ emissions of less than half of the reference CO₂ emissions of all vehicles in the vehicle sub-group to which the heavy-duty vehicle belongs, as determined in accordance with point 2.3.4 of Annex I;’;

(i)the following points (16) to (23) are added:

‘(16) ‘primary vehicle of a heavy-duty vehicle’ means a primary vehicle as defined in Article 3, point (22), of Regulation (EU) 2017/2400, for the simulation of which a generic body is allocated that corresponds to the actual body of the heavy-duty vehicle with regard to its floor (low/high) deck (single/double) configurations and any other parameters as applicable;

(17) ‘completed vehicle’ means a completed vehicle as defined in Article 3, point (26), of Regulation (EU) 2018/858;

(18) ‘complete vehicle’ means a complete vehicle as defined in Article 3, point (27), of Regulation (EU) 2018/858;

(19) ‘off-road vehicle’ means an off-road vehicle as defined in Part A, point 2.1., of Annex I to Regulation (EU) 2018/858;

(20) ‘special purpose vehicle’ means a special purpose vehicle as defined in Article 3, point (31), of Regulation (EU) 2018/858;

(21) ‘off road special purpose vehicle’ means an off road special purpose vehicle as specified in Part A, point 2.3.1., of Annex I to Regulation (EU) 2018/858;

(22) ‘certificate of conformity’ means a certificate of conformity as defined in Article 3, point (5), of Regulation (EU) 2018/858;

(23) ‘public contract’, in the context of public procurement procedures and unless otherwise specified, means a public contract as defined in Article 2(1), point (5) of Directive 2014/24/EU, ‘contracts’ as defined in Article 2, point (1) of Directive 2014/25/EU, as well as ‘concessions’ as defined in Article 5, point (1) of Directive 2014/23/EU’;

(j)the following paragraph is added:

‘For the purposes of this Regulation, ‘a group of connected manufacturers’ means a manufacturer and its connected undertakings.

‘Connected undertaking’ means:

(a) undertakings in which the manufacturer has, directly or indirectly:

(i) the power to exercise more than half the voting rights; or

(ii) the power to appoint more than half the members of the supervisory board, board of management or bodies legally representing the undertaking; or

(iii) the right to manage the undertaking’s affairs;

(b) undertakings which directly or indirectly have, over the manufacturer, the rights or powers referred to in point (a);

(c) undertakings in which an undertaking referred to in point (b) has, directly or indirectly, the rights or powers referred to in point (a);

(d) undertakings in which the manufacturer together with one or more of the undertakings referred to in point (a), (b) or (c), or in which two or more of the latter undertakings, jointly have the rights or powers referred to in point (a);

(e ) undertakings in which the rights or the powers referred to in point (a) are jointly held by the manufacturer or one or more of its connected undertakings referred to in points (a) to (d) and one or more third parties.’;

(4) the following Articles 3a to 3c are inserted:

‘Article 3a
CO2 emission targets

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

(a) for vehicle sub-groups 4-UD, 4-RD, 4-LH, 5-RD, 5-LH, 9-RD, 9-LH, 10-RD, 10-LH for the reporting periods of the years 2025 to 2029 by 15 %,

(b) for all vehicle sub-groups for the reporting periods of the years 2030 to 2034 by 45 %,

(c) for all vehicle sub-groups for the reporting periods of the years 2035 to 2039 by 65 %,

(d) for all vehicle sub-groups for the reporting periods of the years 2040 onwards by 90%.

2. To these CO2 emission targets, the vehicle sub-groups have to contribute as laid down in point 4.3. of Annex I.

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

Article 3 - b Zero-emission vehicle target for urban buses

1. For vehicles referred to in point 4.2 of Annex I, manufacturers shall comply with the minimum shares of zero-emission vehicles in their fleet of new heavy-duty vehicles as laid down in point 4.3 of Annex I. For new urban buses the share of zero-emissions vehicles shall be 100% as from the reporting period of the year 2030.;

2. Member States may decide to exclude from the obligation under this Article a limited share of the urban buses registered in each reporting period, confirming that the purpose of the vehicle cannot be equally served by a zero-emission vehicle and it is thus in the public interest to register a non-zero emission vehicle to fulfil that purpose, due to socio-economic cost-benefit in view of specific territorial morphology or meteorological circumstances.

The Commission is empowered to adopt delegated acts in accordance with Article 17 to define the maximum share of vehicles that a Member State can exclude, and the socio-economic cost-benefit in view of territorial morphology and meteorological circumstance justifying the exclusion referred to in the previous paragraph.

3. Regarding the use of vehicles referred to in this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 17 to provide with common technical specifications, including standards, regarding:

(a) the technical and open interoperability between the recharging and refuelling infrastructure and the vehicles, in terms of physical connections and communication exchange.

(b) the safe and secure sharing and use of the data generated.

Article 3 - c Public procurement procedures

1. Contracting authorities or contracting entities shall base the award of public contracts for the purchase or the use of vehicles referred to in Article 3b on the most economically advantageous tender which shall include the best price-quality ratio and the security of supply contribution of the tender, in compliance with relevant international law.

2. The tender’s contribution to the security of supply shall be assessed, inter alia, based on :

(a) the proportion of the products or tenders originating in third countries, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council;

(b) the introduction by third countries of a restrictive or distortive measure on such vehicles or on the technical and open interoperability between the recharging and refuelling infrastructure and the vehicles;

(c) the availability of essential spare parts for the functioning of the equipment subject to the tender;

(d) a commitment by the tenderer that possible changes in its supply chain during the execution of the contract will not affect adversely the execution of the contract;

(e) a certification or documentation demonstrating that the organisation of the tenderer’s supply chain will allow it to comply with the security of supply requirement.

3. In accordance with Article 3b, the tender’s contribution to security of supply shall be given a weighting of between 15 to 40% of the award criteria. ’;


(5) in Article 4, first paragraph, point (a) is replaced by the following:

‘(a) the data reported for the manufacturer’s new heavy-duty vehicles registered in the preceding reporting period; and’;

(6) Article 5 is amended as follows:

(a)paragraph 1 is replaced by the following:

‘1. Starting from 1 July 2020 and for each subsequent reporting period until the reporting period of the year 2029, the Commission shall determine for each manufacturer the zero- and low-emission factor for the preceding reporting period.

The zero-emission and low-emission factor shall take into account the number and the CO2 emissions of all zero- and low-emission heavy-duty vehicles in the manufacturer’s fleet.’;

(b)paragraph 3 is replaced by the following:

‘3. For the reporting periods from 2025 to 2029 the zero- and low-emission factor shall be determined on the basis of a 2 % benchmark in accordance with point 2.3.2 of Annex I.’;

(c)paragraph 4 is replaced by the following:

‘4. The zero-emission and low-emission factor shall reduce the average specific CO2 emissions of a manufacturer by a maximum of 3 %. The contribution to that factor of the zero-emission vehicles of category N, other than those in vehicles sub-groups 4-UD, 4-RD, 4-LH, 5-RD, 5-LH, 9-RD, 9-LH, 10-RD, 10-LH, shall reduce the average specific CO2 emissions of a manufacturer by a maximum of 1,5 %.’;

(7) 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.’;

(8) the following Articles 6a and 6b are inserted:

‘Article 6a
Transfer of 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 vehicles may be transferred between manufacturers, subject to the following conditions:

(a) for all transfers: the request must be jointly submitted by the transferring and the receiving manufacturer;

(b) for the transfer of vehicles other than zero-emission vehicles, the transferring and the receiving manufacturer must belong to a group of connected manufacturers;

(c) for transfers of zero-emission vehicles between manufacturers not belonging to a group of connected manufacturers: the number of zero-emissions vehicles transferred to a manufacturer must not exceed 5 % of all its new heavy-duty vehicles registered in a given reporting period.

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

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

Article 6 - b Exemption for manufacturers producing few vehicles 

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

2. The values of the average specific CO₂ emissions and specific CO₂ emissions shall not be included in the publication under Article 11 for the manufacturers and reporting periods concerned.

3. The exemption laid down in paragraph 1 shall not be applied in a given reporting period in any of the following cases:

(a) upon request of the manufacturer;

(b) if the manufacturer requests a transfer of vehicles in accordance with Article 6a;

(c) if the manufacturer is part of a group of connected manufacturers that collectively registered more than 100 vehicles in that reporting period or with another manufacturer to which the exemption of paragraph 1 does not apply.

4. Manufacturers, who are part of a group in the meaning of paragraph 3, point (c), shall inform the Commission if they registered less than 100 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 that fulfil the conditions of the exemption laid down in paragraph 1.

6. The manufacturers shall communicate the necessary information to the Commission using the electronic tools provided by the Commission.’;

(9) Article 7 is amended as follows:

(a)in paragraph 1, first subparagraph, the introductory wording is replaced by the following:

‘For the purpose of determining a manufacturer’s compliance with its specific CO₂ emissions targets in the reporting periods of the years 2025 to 2039, account shall be taken of its emission credits or emission debts determined in accordance with point 5 of Annex I, which correspond to the number of new heavy-duty vehicles of the manufacturer in a reporting period, multiplied by:’;

(b)in paragraph 1, second subparagraph, ‘2029’ is replaced by ‘2039’;

(c)in paragraph 1, the third subparagraph is replaced by the following:

‘Emission debts shall be acquired in the reporting periods of the years 2025 to 2039. However, the total emission debt of a manufacturer shall not exceed 5 % of the manufacturer’s specific CO₂ emissions target multiplied by the number of heavy-duty vehicles of the manufacturer in that period (‘emission debt limit’).’;

(d)in paragraph 1, the fourth subparagraph is replaced by the following:

‘Emission credits and emission debts acquired in the reporting periods of the years 2025 to 2039 shall, where applicable, be carried over from one reporting period to the next reporting period. However, any remaining emission debts shall be cleared in the reporting periods of the year 2029, 2034 and 2039.’;

(e)paragraph 2 is replaced by the following:

‘2. The CO₂ emissions reduction trajectories shall be set for each manufacturer in accordance with point 5.1. of Annex I, based on the following linear trajectories:

(a) between the reference CO₂ emissions and the CO₂ emissions target for the reporting period of the years 2025 or 2030 as specified in Article 3a(1), points (a) and (b),

(b) between the CO₂ emissions target for the reporting period of the year 2025 and the CO₂ emissions target for the reporting period of the year 2030 as specified in Article 3a(1), point (b),

(c) between the CO₂ emissions target for the reporting period of the year 2030 and the CO₂ emissions target for the reporting period of the year 2035 as specified in Article 3a(1), point (c), and

(d) between the CO₂ emissions target for the reporting period of the year 2035 and the CO₂ emissions target for the reporting period of the year 2040 as specified in Article 3a(1), point (d).’;

(10) the following Articles 7a and 7b are inserted:

‘Article 7a
Attribution of vehicles to a manufacturer

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

(a)    for vehicles of category N, to the vehicle manufacturer as defined in Article 3, point (4a), of Regulation (EU) 2017/2400;

(b)    for vehicles of category M, to the primary vehicle manufacturer as defined in Article 3, point (29), of Regulation (EU) 2017/2400;

(c)    for vehicles of category O, to the vehicle manufacturer as defined in Article 2, point (5), of Implementing Regulation (EU) 2022/1362.

Article 7 - b Calculation of average specific CO₂ emissions of vehicles of category M

For vehicles of category M, the following shall apply:

(a) for the calculation of the average specific CO2 emissions in a sub-group of a manufacturer, a new heavy-duty vehicle of category M shall be considered with its specific CO2 emissions as complete or completed vehicle in point 2.2.2 of Annex I and shall not be taken into account in point 2.2.3 of Annex I.

(b) however, upon request of the manufacturer as referred to in Article 7a, point (b), and subject to the condition set out in paragraph 3, a new heavy-duty vehicle of category M shall be considered with the specific CO2 emissions of its primary vehicle in point 2.2.3 of Annex I and shall not be considered in point 2.2.2 of Annex I.

(c) a request referred to in point (b) for a new heavy-duty vehicle of category M shall not be admissible if its manufacturer as defined in Article 7a, point (b), and the manufacturer of its complete or completed vehicle as defined in Article 3(4a) of Regulation (EU) 2017/2400 are connected undertakings or the same legal entity. By making such a request, a manufacturer declares that this condition holds and shall provide supporting information to the Commission upon demand.

(d) the Commission, with support of the Agency, shall make available in due time in electronic format the tools and procedural guidance necessary for manufacturers to communicate the requests referred to in point (b).’;

(11) Article 8 is amended as follows:

(a)in point (a) of paragraph 1, “to 2029” is replaced by “onwards”;

(b)point (b) of paragraph 1 is deleted;

(c)paragraph 2 is replaced by the following:

‘2. A manufacturer shall be deemed to have excess CO₂ emissions in any of the following cases:

(a) where, in any of the reporting periods of the years 2025 to 2028, 2030 to 2033, 2035 to 2038 the sum of the emission debts reduced by the sum of the emission credits exceeds the emission debt limit referred to in Article 7(1), third subparagraph;

(b) where, in the reporting period of the years 2029, 2034, 2039 and 2040 the sum of the emission debts reduced by the sum of the emission credits is positive;

(c) where, from the reporting period of the year 2041 onwards, the manufacturer’s average specific CO₂ emissions exceed its specific CO₂ emissions target.’;

(12) Article 9 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1.    Type-approval authorities and manufacturers shall, without delay, report to the Commission any of the following deviations from the data reported:

(a)    where the CO₂ emission values of heavy-duty vehicles in service as a result of verifications performed in accordance with the procedure referred to in Article 13 of this Regulation deviate from the values that are indicated in certificates of conformity or in the customer information file referred to in Article 9(4) of Regulation (EU) 2017/2400;

(b)    where errors due to wrong input data or other causes in the execution of the CO₂ determination were identified;

(c)    where errors in the execution of the CO₂ monitoring and reporting were identified;

(d)    any other deviations than those mentioned in points (a), (b) and (c).’;

(b)paragraph 2 is replaced by the following:

‘2.    The Commission shall take the deviations referred to in paragraph 1 into account for the purpose of calculating the average specific CO₂ emissions of a manufacturer and the reference CO₂ emissions and consider modifying the decisions taken in accordance with Article 11 accordingly. The Commission is not obliged to take deviations into account if the recalculation of the average specific CO₂ emissions of a manufacturer or the reference CO₂ emissions results in a deviation of less than 0,1 %.’;

(13) 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 applies as 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 emissions shall be corrected, it shall adopt an implementing act in accordance with the examination procedure referred to in Article 16(2) performing these corrections.’;

(14) Article 11 is amended as follows: 

(a)in paragraph 1, the second subparagraph is replaced by the following:

‘The list to be published by 30 April of the year following a year in which a reference period has ended, shall include the reference CO₂ emissions determined in that reference period.’

(b)paragraph 2 is replaced by the following:

‘2.    The Commission shall amend implementing acts adopted under paragraph 1:

(a) where the type-approval procedures referred to in Regulation (EC) No 595/2009 are amended, other than the amendments related to the payload and passenger number values used for the determination of CO₂ emissions, in such a way that the level of the CO₂ emissions of the representative vehicles specified pursuant to this paragraph increase or decrease by more than 5 g CO₂/km:

(i) adjusted reference emissions shall be calculated in accordance with point 1 of Annex II;

(ii) the new values shall be published as a complement to previous values, indicating the reporting period when they apply the first time;

(b) where the Annexes have been amended in accordance with Article 14 (1), points (a) to (f):

(i) previously published reference CO₂ emissions shall be recalculated in accordance with Annex I, taking into account the parameters amended according to one of the points of Article 14 (1), point (a) to (f);

(ii) the recalculated set of reference CO₂ emissions shall be published and shall replace the previous set of reference emissions as from the reporting period in which the amended parameters according to one of the points of Article 14 (1), point (a) to (f), apply for the first time.’;

(c)the following paragraph is added:

‘3.    In case of amendments of the type-approval procedures referred to in paragraph 2(a), the amending implementing act shall either specify or establish a methodology for defining one or more representative vehicles of a vehicle sub-group, including their statistical weightings and the payload and passenger number values to be used for the determination of CO₂ emissions, on the basis of which the adjustment referred to in paragraph 2(a) shall be determined, taking into account the monitoring data reported pursuant to this Regulation and the technical characteristics of the vehicles listed in Article 12(1) of Regulation (EU) 2017/2400. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 16(2) of this Regulation.’;

(15) in Article 13, paragraph 3, the following sentence is added:

‘Where the data in the customer information files, the certificates of conformity and the individual approval certificates may not be corrected under Regulation (EU) 2018/858, the responsible type-approval authority shall issue a statement of correction with the corrected data and transmit that statement to the Commission and the parties concerned.’;

(16) the following Articles 13a to 13f are inserted:

‘Article 13a
Monitoring and reporting by Member States

1. Starting from the reporting period of the year [PO: please insert year: if entry into force is before 1st July, insert the year of entry into force of the Regulation minus 1; if entry into force is after 30th of June, insert the following year], Member States shall monitor the data specified in Annex IV, Part A relating to new heavy-duty vehicles registered for the first time in the Union.

By 30 September each year, starting in 2020, the competent authorities of the Member States shall report those data of 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 the monitoring and reporting of 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. Vehicles designed and constructed or adapted for the use by civil protection, fire services and forces responsible for maintaining public order shall be subject to the obligation under this Article, unless they are exempted on the basis of other provisions.

4. Vehicles registered for the use by civil protection, fire services, medical urgency care and forces responsible for maintaining public order and vehicles registered for the use by the armed services shall be subject to the obligation under this Article, regardless of being exempted from Article 3a, unless they are exempted on the basis of other provisions.

Article 13 - b Reporting by manufacturers or other entities responsible for the determination of a heavy-duty vehicle CO2 emissions

1. Manufacturers or other entities responsible for the determination of a heavy-duty vehicle to which the obligations of Article 9 of Regulation (EU) 2017/2400 or Article 8 of Implementing Regulation (EU) 2022/1362 are addressed shall report the data of the new heavy-duty vehicle according to the provisions set out in part B of Annex IV.

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

This paragraph shall not apply to manufacturers or other entities exempted in accordance with Article 6b.

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

3. The reporting obligation under Article 13a, paragraphs 3 and 4 shall apply to manufacturers and other entities in the meaning of paragraph 1.

Article 13 - c Central register for data on heavy-duty vehicles

1. The Commission shall keep a central register for the data on heavy-duty vehicles (‘the register’) reported in accordance with Articles 13a and 13b.

The register shall be publicly available with the exception of data entries listed in point 3.2.2 of Annex V.

With regard to data entry 23 specified in Part B, point 2 of Annex IV, the value shall be made publicly available in a range format as set out in Part C of Annex IV.

2. The register shall be managed by the Agency on behalf of the Commission.

Article 13 - d 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 13 - e 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 or finds, pursuant to its own verification, discrepancies in the dataset, it shall, where appropriate, take the necessary measures to correct the data published in the register referred to in Article 13c.

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 13 - f Administrative fines

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

(a) where it finds that the data reported by the manufacturer pursuant to Article 5 of this Regulation deviate from the data resulting from the manufacturer’s records file or the engine type-approval certificate issued within the framework of Regulation (EC) No 595/2009, and the deviation is intentional or due to serious negligence;

(b) where the data are not submitted within the deadline applicable pursuant to Article 5(1) and the delay cannot be duly justified.

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

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

2. The Commission shall on the basis of the principles set out in paragraph 3 of this Article, adopt delegated acts in accordance with Article 17 to supplement this Regulation by laying down the procedure, methods for the calculation and collection of the administrative fines referred to in paragraph 1 of this Article.

3. The delegated acts referred to in paragraph 2 shall respect the following principles:

(a) the procedure established by the Commission shall respect the right to good administration, and in particular the right to be heard and the right to have access to the file, while respecting the legitimate interests of confidentiality and of commercial secrets;

(b) in calculating the appropriate administrative fine, the Commission shall be guided by the principles of effectiveness, proportionality and dissuasiveness, taking into consideration, where relevant, the seriousness and effects of the deviation or delay, the number of heavy-duty vehicles concerned by the deviating or delayed data, the good faith of the manufacturer, the degree of diligence and cooperation of the manufacturer, the repetition, frequency or duration of the deviation or the delay as well as prior sanctions imposed on the same manufacturer;

(c) administrative fines shall be collected without undue delay by fixing deadlines for the payment and, as appropriate, including the possibility of splitting payments into several instalments and phases.

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

(17) Article 14 is replaced by the following:

‘Article 14
Amendments to the Annexes

1. The Commission is empowered to adopt delegated acts in accordance with Article 17 with a view to amending the following elements in Annex I 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 legislation, in particular Regulations (EU) 2018/858 and (EU) 595/2009: 

(a)    the criteria defining vehicle sub-groups set out in point 1.1;

(b)    the criteria defining vocational vehicles set out in point 1.2;

(c)    the criteria for the operational ranges of different powertrain technologies set out in point 1.3;

(d)    the list of mission profiles set out in point 1.4;

(e)    the weight of mission profiles set out in point 2.1;

(f)    the payloads, passenger numbers, passenger masses, technically permissible maximum payloads, technically permissible maximum passenger number and cargo volumes of vehicle sub-groups sg set out in point 2.5;

(g)    the annual mileage values set out in point 2.6.

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

(a)    the data requirements specified in Part A and Part B to take into account technical progress, necessary adjustments based on the application of this Regulation and amendments of the underlying type-approval legislation, in particular Regulations (EU) 2018/858 and (EU) 595/2009;

(b )    updating or adjusting the ranges set out in Part C to take into account changes in heavy-duty vehicle design and ensure that the ranges remain relevant for information and comparability purposes;

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:

(a)    adjusting the monitoring and reporting procedure set out in Annex V in order to take into account the experience gained from the application of this Regulation and in order to adapt it to technical progress;

(b)    amending point 3.2 by adding data entries which have been newly added to the register.’

(18) Article 15 is replaced by the following:

‘Article 15
Review

The Commission shall, in 2028, review the effectiveness and impact of this Regulation and submit a report to the European Parliament and to the Council with the result of the review.

The report shall, where appropriate, be accompanied by a proposal for amending this Regulation.’

(19) Article 17 is amended as follows:

(a)in paragraph 2, the first sentence is replaced by the following:

‘The power to adopt delegated acts referred to in Article 3b, Article 11(2), Article 13(4) second subparagraph, Article 13c(3), Article 13d(2), Article 13e(4), Article 13f(2) and Article 14(1) shall be conferred on the Commission for a period of five years from [OP, please insert the date of entry into force of this Regulation].’;

(b)in paragraph 3, the first sentence is replaced by the following:

‘The delegation of power referred to in Article 11(2), Article 13(4) second subparagraph, Article 13c(3), Article 13d(2), Article 13e(4), Article 13f(2) and Article 14(1) may be revoked at any time by the European Parliament or by the Council.’;

(c)in paragraph (6), “Article 11(2), the second subparagraph of Article 13(4) and Article 14(1)” is replaced by the following: “Article 11(2), Article 13(4) second subparagraph, Article 13c(3), Article 13d(2), Article 13f(2) and Article 14(1)”;

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

(21) the text in Annex II to this Regulation is added as Annexes IV, V and VI to Regulation (EU) 2019/1242;

Article 2 - Repeal of Regulation (EU) 2018/956

Regulation (EU) 2018/956 is repealed with effect from [OP, please insert date of application].

References to Regulation (EU) 2018/956 shall be construed as references to this Regulation and be read in accordance with the correlation table set out in Annex VI to this Regulation.

Article 3 - Entry into force

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 [OP please insert the calendar year = year of the 1st of July following the entry into force of this Act].

However, in respect of reporting periods prior to [OP please insert the date = date of application], Regulation (EU) 2019/1242 as applicable on 30 June [OP please insert the calendar year = year of the 1st of July following the entry into force of this Act] and Regulation (EU) 2018/956 as applicable on 30 June [OP please insert the calendar year = year of the 1st of July following the entry into force of this Act] shall continue to apply.

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