1.Manufacturers shall ensure that the CO2 emission and fuel consumption values recorded in the customer information file referred to in Article 9(4) of Regulation (EU) 2017/2400 [F1, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,] correspond to the CO2 emissions from and fuel consumption of heavy-duty vehicles in-service as determined in accordance with that Regulation [F2, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol].
2.Following the entry into force of the procedures referred to in paragraph 4, type-approval authorities shall verify, for those manufacturers to which they have granted a licence to operate the simulation tool in accordance with Regulation (EC) No 595/2009 and its implementing measures, [F3as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,] on the basis of appropriate and representative vehicle samples, that the CO2 emission and fuel consumption values recorded in the customer information files correspond to the CO2 emissions from and fuel consumption of heavy-duty vehicles in-service as determined in accordance with that Regulation and its implementing measures, [F4as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,] while considering, inter alia, using available data from on-board fuel and/or energy consumption monitoring devices.
Type-approval authorities shall also verify the presence of any strategies on board or relating to the sampled vehicles that artificially improve the vehicle’s performance in the tests performed or in the calculations made for the purpose of certifying the CO2 emissions and fuel consumption by, inter alia, using data from on-board fuel and/or energy consumption monitoring devices.
3.Where a lack of correspondence of CO2 emission and fuel consumption values which cannot be attributed to a malfunctioning of the simulation tool, or the presence of any strategies artificially improving a vehicle’s performance, is found as a result of the verifications performed pursuant to paragraph 2, the responsible type-approval authority shall, in addition to taking the necessary measures set out in Chapter XI of Regulation (EU) 2018/858 [F5(as it has effect in domestic law in the case of vehicles with GB type-approval, and as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol in the case of vehicles with UK (NI) type-approval)], ensure that the customer information files, the certificates of conformity and the individual approval certificates are corrected, as the case may be.
4.The [F6Secretary of State may by regulations prescribe] the procedures for performing the verifications referred to in paragraph 2 of this Article. F7...
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Textual Amendments
F1Words in Art. 13(1) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 16(6)(a)(i)
F2Words in Art. 13(1) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 16(6)(a)(ii)
F3Words in Art. 13(2) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 16(6)(b)(i)
F4Words in Art. 13(2) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 16(6)(b)(ii)
F5Words in Art. 13(3) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 16(6)(c)
F6Words in Art. 13(4) substituted (31.12.2020) by The New Heavy Duty Vehicles (Carbon Dioxide Emission Performance Standards) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1402), regs. 1(3), 13(2)(a)(i)
F7Words in Art. 13(4) omitted (31.12.2020) by virtue of The New Heavy Duty Vehicles (Carbon Dioxide Emission Performance Standards) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1402), regs. 1(3), 13(2)(a)(ii)
F8Words in Art. 13(4) omitted (31.12.2020) by virtue of The New Heavy Duty Vehicles (Carbon Dioxide Emission Performance Standards) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1402), regs. 1(3), 13(2)(b)