CHAPTER 3 U.K. OPERATION OF THE SIMULATION TOOL WITH A VIEW TO DETERMINING THE CO₂ EMISSIONS AND FUEL CONSUMPTION FOR THE PURPOSES OF REGISTRATION, SALE AND ENTRY INTO SERVICE OF NEW VEHICLES

Article 9 U.K. Obligation to determine and declare CO₂ emissions and fuel consumption of new vehicles

[F1 1. A vehicle manufacturer shall determine the CO ₂ 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 [F2 in Great Britain] 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 [F2 in Great Britain], 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).]

A vehicle manufacturer may operate the simulation tool for the purposes of this Article only if in possession of a licence granted for the vehicle group concerned in accordance with Article 7 or extended to the vehicle group concerned in accordance with Article 8(1).

2. The vehicle manufacturer shall record the results of the simulation performed in accordance with the first subparagraph of paragraph 1 in the manufacturer's records file drawn up in accordance with the model set out in Part I of Annex IV.

With the exception of the cases referred to in the second subparagraph of Article 21(3), and in Article 23(6), any subsequent changes to the manufacturer's records file shall be prohibited.

[F1 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).]

4. Each vehicle to be registered, sold or to enter into service shall be accompanied by the customer information file drawn up by the manufacturer in accordance with the model set out in Part II to Annex IV.

Each customer information file shall include an imprint of the cryptographic hash of the manufacturer's records file referred to in paragraph 3.

[F1 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 [F3 Article 45 of Regulation (EU) 2018/858], 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.]

Textual Amendments

F1 Substituted by 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).

F2 Words in Art. 9(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 82(7)(a)

F3 Words in Art. 9(5) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 82(7)(b)

Article 10 U.K. Modifications, updates and malfunction of the electronic tools

1. In the case of modifications or updates to the simulation tool, the vehicle manufacturer shall start using the modified or updated simulation tool no later than 3 months after the modifications and updates were made available [F4 by the Commission in accordance with paragraph 1 of Article 5 of this Regulation as it applies in EU law] on the dedicated electronic distribution platform.

[F5 1a. The approval authority must notify approval holders as soon as practicable on each occasion that the simulation tool is updated by the Commission.]

2. If the CO₂ emissions and fuel consumption of new vehicles cannot be determined in accordance with Article 9(1) due to a malfunction of the simulation tool, the vehicle manufacturer shall notify [F6 the approval authority without delay].

3. If the CO₂ emissions and fuel consumption of new vehicles cannot be determined in accordance with Article 9(1) due to a malfunction of the simulation tool, the vehicle manufacturer shall perform the simulation of those vehicles not later than 7 calendar days after the date referred to in point 1. Until then, the obligations resulting from Article 9 for the vehicles for which the determination of fuel consumption and CO₂ emissions remains impossible shall be suspended.

Textual Amendments

F4 Words in Art. 10(1) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 82(8)(a)

F5 Art. 10(1a) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 82(8)(b)

F6 Words in Art. 10(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 82(8)(c)

Article 11 U.K. Accessibility of the simulation tool inputs and output information

1. The manufacturer's records file together with certificates on CO₂ emissions and fuel consumption related properties of the components, systems and separate technical units shall be stored by the vehicle manufacturer for at least 20 years after the production of the vehicle and shall be available to the approval authority F7 ... at their request.

F8 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Words in Art. 11(1) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 82(9)(a)

F8 Art. 11(2) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 82(9)(b)

F9 Art. 11(3) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 82(9)(b)