Commission Regulation (EU) 2019/318Show full title

Commission Regulation (EU) 2019/318

of 19 February 2019

amending Regulation (EU) 2017/2400 and Directive 2007/46/EC of the European Parliament and of the Council as regards the determination of the CO₂ emissions and fuel consumption of heavy-duty vehicles

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC(1), and in particular Article 4(3) and Article 5(4)(e) thereof,

Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive)(2), and in particular Article 39(7) thereof,

Whereas:

(1) Commission Regulation (EU) 2017/2400(3) introduces a common method to objectively compare the performance of heavy-duty vehicles placed on the Union market as regards their CO₂ emissions and fuel consumption. It lays down provisions for the certification of components with an impact on CO₂ emissions and fuel consumption of heavy-duty vehicles, introduces a simulation tool for the purpose of determining and declaring CO₂ emissions and fuel consumption of those vehicles and lays down, inter alia, requirements for Member States' authorities and manufacturers to verify the conformity of the certification of the components and the conformity of the simulation tool operation.

(2) The experience gained following the entry into force of Regulation (EU) 2017/2400 has led to the identification of several aspects of the common method for determination of the CO₂ emissions and fuel consumption of heavy-duty vehicles, the operation of the simulation tool, the certification of components, separate technical units and systems and the procedure for the checking of conformity of the operation of the simulation tool and of the certification of components, separate technical units and systems which need clarification. Those clarifications also have an impact on the information provided by manufacturers in accordance with Directive 2007/46/EC.

(3) The Commission has carried out an assessment regarding the technical and economic implications of the necessary clarifications.

(4) The improvement of the common method to objectively compare the performance of heavy-duty vehicles in terms of CO₂ emissions and fuel consumption should increase the competitiveness of Union industry and the transparency in the market as regards the fuel consumption of heavy-duty vehicles.

(5) Liquefied natural gas (LNG) is an available alternative fuel to diesel for heavy-duty vehicles. The deployment of upcoming innovative LNG-based technologies will contribute to further decrease in CO₂ emissions as compared to diesel vehicles. To ensure that LNG is covered by the engine test procedure, it is appropriate to include LNG as an additional reference fuel in the certification of engines in order to determine the CO₂ emissions and fuel consumption of heavy-duty vehicles.

(6) It is appropriate to take into account the specificities of vocational vehicles, i.e. vehicles that are used for other purposes than the delivery of goods. Those vehicles should therefore be attributed to specific sub-groups within the existing vehicle groups to distinguish them from vehicles that are used only for the delivery of goods and their CO₂ emissions should be determined in accordance with dedicated mission profiles.

(7) It is also appropriate to clearly define those vehicles which, due to their advanced powertrains, including electric, hybrid electric and dual-fuel powertrains, cannot for the moment be subject to the requirement of determining their CO₂ emissions or fuel consumption using the available simulation tool. In order to ensure a good understanding of the rate of market penetration of those vehicles, a specific procedure should be provided for to allow a clear identification of those vehicles and their respective powertrains.

(8) It is essential for achieving CO₂ reductions that the CO₂ emissions of newly produced heavy-duty vehicles are in conformity with the values determined pursuant to Regulation (EU) 2017/2400. The conformity of the operation of the simulation tool and of the certification of the components, separate technical units and systems with an impact on CO₂ emissions and fuel consumption should therefore be verified using an on-road verification testing procedure, in addition to the procedures already set out in Regulation (EU) 2017/2400. The verification testing procedure should be carried out by manufacturers and be verified by approval authorities.

(9) It should be possible for the approval authorities to impose remedial measures for any systematic irregularities with regard to the certification of CO₂ emissions and fuel consumption related properties of components, separate technical units or systems and the operation of the simulation tool, including when such irregularities are identified in the course of the investigation following a vehicle failure in the verification testing procedure. If the approval authorities find no irregularities with regard to the certification of CO₂ emissions and fuel consumption related properties of components, separate technical units or systems or to the operation of the simulation tool despite the vehicle test failure, it should be possible for the Commission to examine a potential malfunction of the simulation tool.

(10) During the verification testing procedure, the wheel torque, engine speed, engaged gear and fuel consumption of the heavy-duty vehicle should be measured on the road, close to the simulation tool mission profile, and compared to the fuel consumption calculated by the simulation tool. For a successfully passed verification testing procedure, the calculated fuel consumption should correspond to the measured fuel consumption within a certain tolerance.

(11) The systematic verification of the results of a numerical simulation by a physical test is a new concept in the European type approval legislation. The underlying verification test procedure will therefore be evaluated with a view to possible improvements. The Commission and the approval authorities should therefore be authorised to collect the results of verification test procedures from manufacturers and to evaluate them.

(12) In order to ensure sufficient time for the approval authorities and manufacturers to adapt to the new provisions, the obligation to verify CO₂ emissions and fuel consumption of new vehicles using the on-road verification testing procedure should be applicable as of 1 July 2020.

(13) The CO₂ emissions data for vehicles falling within vehicle groups 4, 5, 9 and 10 that have been determined in accordance with Regulation (EU) 2017/2400 are to be monitored under Regulation (EU) 2018/956 of the European Parliament and of the Council(4), starting in 2019. The aim of the amendments to Regulation (EU) 2017/2400 set out in this Regulation is to ensure that reliable CO₂ emissions data can be collected for all the vehicles concerned by Regulation (EU) 2018/956 for 2019. It is therefore important to ensure that the amendments set out in this Regulation enter into force without delay.

(14) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee — Motor Vehicles,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 188, 18.7.2009, p. 1.

(2)

OJ L 263, 9.10.2007, p. 1.

(3)

Commission Regulation (EU) 2017/2400 of 12 December 2017 implementing Regulation (EC) No 595/2009 of the European Parliament and of the Council as regards the determination of the CO₂ emissions and fuel consumption of heavy-duty vehicles and amending Directive 2007/46/EC of the European Parliament and of the Council and Commission Regulation (EU) No 582/2011 (OJ L 349, 29.12.2017, p. 1).

(4)

Regulation (EU) 2018/956 of the European Parliament and of the Council on the monitoring and reporting of CO₂ emissions from and fuel consumption of new heavy-duty vehicles (OJ L 173, 9.7.2018, p. 1).