Commission Regulation (EU) 2019/318Show full title

Article 1 Amendments to Regulation (EU) 2017/2400

Regulation (EU) 2017/2400 is amended as follows:

(1)

in Article 2, paragraph 2 is replaced by the following:

‘2. In case of multi-stage type-approvals or individual approvals of vehicles referred to in paragraph 1, this Regulation shall apply only to base vehicles equipped at least with a chassis, engine, transmission, axles and tyres.’;

(2)

Article 3 is amended as follows:

(a)

the following point 4a is added:

‘(4a)

“vehicle manufacturer” means a body or person responsible for issuing the manufacturer's records file and the customer information file pursuant to Article 9;’;

(b)

point 7 is replaced by the following:

‘(7)

“torque converter” means a hydrodynamic start-up component either as a separate component of the driveline or transmission with serial or parallel power flow that adapts speed between engine and wheel and provides torque multiplication;’;

(c)

the following points 15 to 21 are added:

‘(15)

“zero emission heavy-duty vehicle” or “ZE-HDV” means a heavy-duty vehicle without an internal combustion engine, or with an internal combustion engine that emits less than 1 g CO₂/kWh;

(16)

“vocational vehicle” means a heavy-duty vehicle not intended for the delivery of goods and for which one of the following digits is used to supplement the bodywork codes, as listed in Appendix 2 to Annex II of Directive 2007/46/EC: 09, 10, 15, 16, 18, 19, 20, 23, 24, 25, 26, 27, 28, 31; or a tractor with a maximum speed not exceeding 79 km/h;

(17)

“rigid lorry” means a lorry that is not designed or constructed for the towing of a semi-trailer;

(18)

“tractor” means a tractor unit that is designed and constructed exclusively or principally to tow semi-trailers;

(19)

“sleeper cab” means a type of cabin that has a compartment behind the driver's seat intended to be used for sleeping;

(20)

“hybrid electric heavy-duty vehicle” or “He-HDV” is as defined in Article 3(15) of Directive 2007/46/EC;

(21)

“dual-fuel vehicle” is as defined in Article 2(48) of Regulation (EU) No 582/2011.’;

(d)

the following second paragraph is added:

‘With regard to He-HDVs, Articles 5(3), 9(1) and 12(1) shall apply only to He-HDVs where the second highest maximum net power of all energy converters is less than 10 % of the highest maximum net power of all energy converters. Energy converters used only for the starting are in this respect not taken into consideration.’;

(3)

Article 5 is amended as follows:

(a)

paragraph 3 is replaced by the following:

‘3. The simulation tool shall be used for the purposes of determining CO₂ emissions and fuel consumption of new vehicles, or for the purposes of determining whether those vehicles are a ZE-HDVs, He-HDVs or dual-fuel vehicle. The simulation tool shall be designed to operate on the basis of input information as specified in Annex III, as well as input data referred to in Article 12(1).’;

(b)

paragraph 5 is replaced by the following:

‘5. The hashing tools shall be used for establishing an unequivocal association between the certified CO₂ emission and fuel consumption related properties of a component, separate technical unit or system and its certification document, as well as for establishing an unequivocal association between a vehicle and its manufacturer's records file and customer information file as referred to in Annex IV.’;

(4)

Article 9 is amended as follows:

(a)

the first subparagraph of paragraph 1 is replaced by the following:

‘1. A vehicle manufacturer shall determine the CO₂ emissions and fuel consumption of each new vehicle, with the exception of ZE-HDVs, He-HDVs and dual-fuel vehicles, to be sold, registered or put into service in the Union using the latest available version of the simulation tool referred to in Article 5(3). With regard to ZE-HDVs, He-HDVs and dual-fuel vehicles to be sold, registered or put into service in the Union, the vehicle manufacturer shall determine only the information specified for those vehicles in the models set out in Part I and Part II of Annex IV using the latest available version of the simulation tool referred to in Article 5(3).’;

(b)

paragraph 3 is replaced by the following:

‘3. The vehicle manufacturer shall create cryptographic hashes of the manufacturer's records file and of the customer information file using the hashing tool referred to in Article 5(5).’;

(c)

paragraph 5 is replaced by the following:

‘5. Each vehicle to be registered, sold or to enter into service shall be accompanied by a certificate of conformity or, in the case of vehicles approved in accordance with Article 24 of Directive 2007/46/EC, an individual approval certificate, including an imprint of the cryptographic hash of the manufacturer's records file and of the customer information file referred to in paragraph 3.’;

(5)

in Article 12, paragraphs 6 and 7 are added:

‘6. In the case of ZE-HDVs, He-HDVs and dual-fuel vehicles, the simulation tool input data shall include the information set out in Table 5 of Annex III.

7. Where the vehicle is to be registered, sold or put into service with snow tyres and standard tyres, the vehicle manufacturer may choose which of the tyres to use for determining the CO₂ emissions.’;

(6)

in Article 13, paragraph 8 is replaced by the following:

‘8. The standard value for tyres shall be the one for C3 snow tyres as set out in Table 2 of Part B of Annex II to Regulation (EC) No 661/2009 of the European Parliament and of the Council(1).’;

(7)

Article 20 is amended as follows:

(a)

the title is replaced by the following:

‘Responsibilities of the vehicle manufacturer, the approval authority and the Commission with regard to the conformity of simulation tool operation’;

(b)

in paragraph 1, the following subparagraph is added:

‘The vehicle manufacturer shall, on a yearly basis, perform the verification testing procedure set out in Annex Xa on a minimum number of vehicles in accordance with point 3 of that Annex. The vehicle manufacturer shall provide, until 31 December of each year and in accordance with point 8 of Annex Xa, a test report to the approval authority for each vehicle tested, shall keep the test reports for a duration of at least 10 years and shall make them available to the Commission and approval authorities of the other Member States upon request’;

(c)

in paragraph 2, the following subparagraphs are added:

‘Where a vehicle fails the verification testing procedure set out in Annex Xa, the approval authority shall start an investigation to determine the cause of that failure, in accordance with Annex Xa. As soon as the approval authority determines the cause of the failure, it shall inform the approval authorities of the other Member States thereof.

If the cause of the failure is linked to the operation of the simulation tool, Article 21 shall apply. If the cause of the failure is linked to the certified CO₂ emissions and fuel consumption related properties of components, separate technical units and systems, Article 23 shall apply.

If no irregularities could be found in the certification of components, separate technical units or systems and the operation of the simulation tool, the approval authority shall report the vehicle failure to the Commission. The Commission shall investigate whether the simulation tool or the verification testing procedure set out in Annex Xa has caused the vehicle to fail and whether an improvement of the simulation tool or the verification testing procedure is necessary.’;

(8)

in Article 23, in paragraph 1, the first subparagraph is replaced by the following:

‘1. Where the approval authority finds, pursuant to Articles 20 and 22, that the measures taken by the manufacturer to ensure that the CO₂ emissions and fuel consumption related properties of the components, separate technical units and systems listed in Article 12(1) and which have been the subject of certification in accordance with Article 17 do not deviate from the certified values are not adequate, the approval authority shall request the manufacturer to submit a plan of remedial measures no later than 30 calendar days after receipt of the request from the approval authority.’;

(9)

Article 24 is amended as follows:

(a)

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

‘(a) vehicles in the groups 4, 5, 9 and 10, including the sub-group “v” in each vehicle group, as defined in Table 1 of Annex I, as from 1 July 2019;’;

(b)

paragraph 2 is amended as follows:

(1)

the second sentence is replaced by the following:

‘For vehicles in the sub-group “v” of any of those vehicle groups, the obligation referred to in Article 9 shall apply as from the entry into force of this Regulation.’;

(2)

the following subparagraph is added:

‘For the purposes of the first subparagraph, the production date shall mean:

(a)

the date of signature of the certificate of conformity;

(b)

where a certificate of conformity has not been issued, the date on which the vehicle identification number was affixed for the first time on the relevant parts of the vehicle.’;

(c)

the following paragraph 3 is added:

‘3. The second subparagraph of Article 20(1) and the second, third and fourth subparagraphs of Article 20(2) shall apply from 1 July 2020. Remedial measures under Articles 21(5) and 23(6) shall apply pursuant to an investigation into a vehicle failure in the verification testing procedure set out in Annex Xa as from 1 July 2023.’;

(10)

Annex I is amended in accordance with Annex I to this Regulation;

(11)

Annex III is amended in accordance with Annex II to this Regulation;

(12)

Annex IV is amended in accordance with Annex III to this Regulation;

(13)

Annex V is amended in accordance with Annex IV to this Regulation;

(14)

Annex VI is amended in accordance with Annex V to this Regulation;

(15)

Annex VII is amended in accordance with Annex VI to this Regulation;

(16)

Annex VIII is amended in accordance with Annex VII to this Regulation;

(17)

Annex IX is amended in accordance with Annex VIII to this Regulation;

(18)

Annex X is amended in accordance with Annex IX to this Regulation;

(19)

a new Annex Xa is inserted as set out in Annex X to this Regulation.

Article 2 Amendments to Directive 2007/46/EC

Annexes I, IV and IX to Directive 2007/46/EC are amended in accordance with Annex XI to this Regulation.

Article 3 Entry into force and application

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

Article 2 shall apply as of 1 September 2019.

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

Done at Brussels, 19 February 2019.

For the Commission

The President

Jean-Claude Juncker