EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2021) XXX  draft  
 
COMMISSION REGULATION (EU) …/…  
of XXX  
amending Regulation (EU) 2017/2400 as regards the determination of the CO 2 emissions 
and fuel consumption of medium and heavy lorries and heavy buses and the 
introduction of electric vehicles and other new technologies  
(Text with EEA relevance)   EN 1  EN COMMISSION REGULATION (EU) …/…  
of XXX  
amending Regulation (EU) 2017/2400 as regards the determination of the CO 2 emissions 
and fuel consumption of medium and heavy lorries and heavy buses and the 
introduction of electric vehicles and other new technologies  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the Europe an 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 information1, and in particular Article 4(3) and Article 5(4) , point (e), thereof,  
Whereas:  
(1) The rules for repair and maintenance information have been changed by Regulation 
(EU) 2018/858 of the European Parliament and of the Council2 and need  therefore be 
adjusted in the implementing legislation .  
(2) Commiss ion Regulation (EU) 2017/24003 introduces a common method to objectively 
compare the performance of heavy -duty vehicles placed on the Union market as 
regards their CO 2 emissions and fuel consumption. It lays down provisions for the 
certification of components with an impact on CO 2 emis sions and fuel consumption of 
heavy -duty vehicles, introduces a simulation tool for the purpose of determining and 
declaring CO 2 emissions and fuel consumption of those vehicles and lays down, inter 
alia, requirements for Member States' authorities and man ufacturers to verify the 
conformity of the certification of the components and the conformity of the simulation 
tool operation.  
(3) Regulation (EU) 2017/2400 determ ines CO 2 emissions and fuel consumption of heavy 
lorries.  However,  in order  to  cover more relev ant vehicles in the calculation of CO 2 
emissions, it is also necessary to determine CO 2 emissions and fuel consumption of 
other h eavy duty vehicles , namely medium lorries and heavy buses .  
(4) To appropriately cover the later technologies,  it is necessary to specify  additional 
requirements  for new technologies such as hybrid and fully electric vehicles, dual -fuel 
vehicles, waste heat recovery and adva nced driver assistance  systems.   
(5) As the on -road verification testing procedure has proved to be an important to ol for the 
verification of calculations of CO 2 emissions and fuel consumption , it is appropriate 
                                                 
1 OJ L 188, 18.7.2009, p. 1.  
2 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the 
approval and market surveillance of motor vehicles and their trailers, and of systems, components and 
separate technical units intended for such vehicles, amending Regulations (EC) No 715/200 7 and (EC) 
No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).  
3 OJ L 349, 29.12.2017, p. 1.  EN 2  EN for it to  apply for medium lorries and new technologies.  Due to t he complexities of the 
multi -stage production and approval system that applies for heavy  buses , it is not 
possible  at this moment to have the on -road verification testing procedure extended to  
them .  
(6) Some definitions and requirements in Regulation (EU) 2017/2400 need further 
clarification and corrections , including further alignment to  the CO 2 emis sion 
performance standards for new heavy -duty vehicles laid down in Regulation (EU) 
2019/1242  of the European Parliament and of the Council4.  
(7) The measures provided for in this Regulation are in accordance with the opinion of 
the Technical Committee – Motor Vehicles , 
HAS ADOPTED THIS REGULATION:  
Article 1  
Regulation (EU) 2017/2400 is amended as follows:  
(1) Article 1  is replaced by the following:  
‘Article 1  
Subject matter  
This Regulation complements the legal framework for the type -approval of motor 
vehicle s and engines with regard to emissions established by Regulation (EU) No 
582/2011 by laying down the rules for issuing licences to operate a simulation tool 
with a view to determining CO 2 emissions and fuel consumption of new vehicles to 
be sold, registere d or put into service in the Union and for operating that simulation 
tool and declaring the CO 2 emissions and fuel consumption values thus determined. ’; 
(2) Article 2 is amended as follows:  
(a) paragraph 1 is replaced by  the following:  
‘1. Subject to Article 4 , second paragraph , this Regulation shall apply to 
medium  lorries,   heavy lorries  and  heavy buses.’ ; 
(b) paragraph s 2 and 3  are replaced by the following :  
‘2. In the case of multi -stage type -approvals or individual approvals of medium 
and heavy lorries, this Regulation shall apply to base lorries.  
In the case of type -approvals of heavy buses, this Regulation shall apply to 
primary vehicles , and to complete  vehicles  or completed vehicles . 
3. This Regulation shall not apply to off -road vehicles, special purpose vehicles 
and off -road s pecial purpose vehicles as defined, respectively, in Annex I , Part 
A, points 2.1., 2.2. and 2.3. , to Regulation (EU) 2018/858  of the Europe an 
Parliament and of the Council . 
’; 
(3) Article 3 is amended as follows:  
                                                 
4 Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO 2 
emission performance standards for new heavy -duty vehicles and amending Regulations (EC) No 
595/2009 and (EU) 2018/956 of the European Parliament and of the Council and Council Directive 
96/53/EC (OJ L 198, 25.7.2019, p. 202).  EN 3  EN (a) point s 10 to 12  are replaced by the following:  
“ (10) ‘axle’ means a component comprising all rotating parts of the driveline 
which transfer the driving torque coming from the propshaft to the wheels and 
changes the torque and speed with a fixed ratio and including the fu nctions of a 
differential gear;  
(11) ‘air drag’ means characteristic of a vehicle configuration regarding 
aerodynamic force acting on the vehicle in the direction of air flow and 
determined as a product of the drag coefficient and the cross sectional area for 
zero crosswind conditions;  
(12)  ‘auxiliaries’ means vehicle components including an engine fan, steering 
system, electric system, pneumatic system and Heating, Venti lation and Air 
Conditioning (HVAC) system whose CO 2 emissions and fuel consumption 
properties have been defined in Annex IX; ”; 
 
(b) point s 15 to 18 are replaced by the following:  
“(15) ‘zero emission heavy -duty vehicle’ means  ‘zero emission heavy -duty 
vehicle ’ as defined in Article 3 , point (11), of Regulation (EU) 2019/1242  of 
the European Parliament and of the Council ; 
(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 I to 
Regulation (EU) 2018/858: 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 ’ as define d in Annex I , Part C,  point 4.1 , to 
Regulation (EU) 2018/858,  except for the lorries  designed or constructed for 
the towing of a semi -trailer;  
(18) ‘tractor’ means a ‘tractor unit for semi -trailer ’ as defined in Annex I , Part 
C, point 4.3,  to Regulation (EU) 2018/858;  
(c)  paragraph 20 is replaced by the following:  
“(20) ‘hybrid electric heavy -duty vehicle’ (He-HDV ) means a hybrid heavy 
duty vehicle that, for the purpose of mechanical propulsion, draws energy from 
both of the following on -vehicle sources of s tored energy  or power: (i) a 
consumable fuel,  and (ii) an electrical energy  or power storage device [(such as  
battery, capacitor, flywheel/generator) ];”; 
(d) the following points   are added:  
(22) ”‘primary vehicle’ means a virtual heavy bus used for simulation 
purpo ses with input data and input information as defined in Annex III;  
(23) ‘manufacturer’s records file’ means a file produced by the simulation 
tool which contains manufacturer related information, a documentation 
of the input data and input information to the simulation tool and the 
results for CO 2 emissions and fuel consumption. [A model of the 
manufacturer’s records file is specified in Annex IV , Part I ; ] EN 4  EN (24) ‘customer information file’ means a file produced by the simulation tool 
which contains a defined set of  vehicle related information and the results 
for CO 2 emissions and fuel consumption as defined in Annex IV , Part II ; 
(25) ‘vehicle information file’ (VIF) means a file produced by the simulation 
tool for heavy buses to transfer the relevant input data, input in formation 
and simulation results to subsequent manufacturing stages following the 
method as described in Annex I , point (2) .;  
(26) ‘medium lorry’ means a vehicle of category N 2, as defined in Article 
4(1), point (b)(ii),  of Regulation (EU) 2018/858, with a tec hnically 
permissible maximum laden mass exceeding 5 000 kg and not exceeding  
7 400 kg;  
(27) ‘heavy lorry’ means a vehicle of category N 2, as defined in Article 4 (1), 
point (b)(ii),  of Regulation (EU) 2018/858,  with a technically permissible 
maximum laden mass exceeding  7 400 kg and a vehicle of category N 3, 
as defined in Article 4 (1), point (b)(iii),  of that Regulation;  
(28) ‘heavy bus’ means a vehicle of category M 3, as defined in Article 4 (1), 
point (a)(iii),  of Regulation (EU) 2018/858, with a technically 
permissi ble maximum laden mass of more than  7 500 kg;  
(29) ‘primary vehicle manufacturer’ means a manufacturer responsible for the 
primary vehicle;  
(30) ‘interim vehicle’ means any further completion of a primary vehicle 
where a sub -set of input data and input information a s defined for the 
completed vehicle in accordance with to Table 1 and Table 3a of Annex 
III is added and/or modified;  
(31) ‘interim manufacturer’ means a manufacturer responsible for an interim 
vehicle;  
(32) ‘incomplete vehicle’ means ‘in complete vehicle’ as defined  in Article 3, 
point (2 5), of Regulation (EU) 2018/858;  
(33) ‘completed vehicle’ means ‘completed vehicle’  as defined in Article 3 , 
point (26), of Regulation (EU) 2018/858;  
(34) ‘complete vehicle’ means ‘complete vehicle’  as defined in Article 3 , 
point (27), of Regulation (EU) 2018/858;  
(35) ‘standard value’ is input data for the simulation tool for a component 
where  certification of input data is applicable, but the component has not 
been tested to determine a specific value and which reflects the worst -
case perf ormance of a component;  
(36) ‘generic value’ is data used in the simulation tool for components or 
vehicle parameters where no component testing or declaration of specific 
values is foreseen  and which reflect s performance of average component 
technology or typi cal vehicle specifications;  
(37) ‘van’ means a  ‘van’  as defined in Annex I , Part C, point 4.2,  to 
Regulation (EU) 2018/858;  
(38)  ‘application case’ means the different scenarios to be followed in the 
case of a medium lorry, heavy lorry, heavy bus  that is a  primary  vehicle, EN 5  EN heavy bus  that is an  interim vehicle, heavy bus that is a complete vehicle 
or completed vehicle for which different manufacturer provisions and 
functions are applicable in the simulation tool ; 
(39) ‘base lorry ’ means a medium  lorry or heavy lorr y equipped at least with 
chassis, engine, electric machine systems, Integrated Electric Powertrain 
Components, Integrated Hybrid Electric Vehicle Powertrain Components 
Type 1, battery systems, capacitor systems, transmission, axles and tyres, 
if  present in  the complete vehicle or completed vehicle;  
(40) The sentences  “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 po wer of all energy converters. Energy converters used only for the 
starting are in this respect not taken into consideration. ” after the last 
point are deleted. ”; 
(4) Article 4 is replaced by the  follow ing: 
‘For the purpose of this Regulation, motor vehicles sh all be classified in 
vehicle groups in accordance with Annex I , Table s 1 to 6 .  
Articles 5 to 2 3 do not apply to heavy lorries of vehicle groups 6, 7, 8, 13, 14, 
15, 17, 18 and 19  as set out in Annex I, Table 1,  and to  medium lorries of 
vehicle groups 51, 52, 55 and 56 , as set out in Annex I , Table 2  and to any 
vehicle with a driven front axle in the vehicle groups 11, 12 and 16 as set out in 
Annex I, Table 1 .’; 
(5) In Article 5 (3), the first sentence  is replaced by the  follow ing: 
 ‘The simulation tool shall b e used for the purposes of determining CO 2 
emissions and fu el consumption of new vehicles .’; 
(6) Article 5(5) is replaced by the following:  
‘The hashing tools shall be used for establishing an unequivocal association 
between the certified CO 2 emission and fuel consumption related properties of 
a component, separate technical unit or system and its certification document, 
as well as for establi shing an unequivocal association between a vehicle and its 
manufacturer's records file, vehicle information file and customer information 
file as referred to in Annex IV. ’; 
(7) The title of Chapter 2 is replaced by the following:  
‘LICENCE TO OPERATE THE SIMUL ATION TOOL FOR THE 
PURPOSES OF TYPE -APPROVAL WITH REGARD TO EMISSIONS ’; 
(8) In Article 6 , paragraphs 1 and 4  are replaced by the  follow ing: 
 ‘1. The vehicle manufacturer shall submit to the approval authority an 
application for a licence to operate the simulat ion tool for an application case 
referred to in Article 5(3) with a view to determining CO 2 emissions and fuel 
consumption of new vehicles belonging to one or more vehicle groups 
(‘licen ce’). A licence applies  to only a single  application case referred to in 
Article 5(3).  
 The application for a licence shall be accompanied by an adequate description 
of the processes set up by the vehicle manufacturer with a view to the operation EN 6  EN of the simulation tool  with respect to the application case concerned, as set o ut 
in Annex II , point (1). 
‘4. The vehicle manufacturer shall submit the application for a licence to 
the approval authority at the latest together with the application for an EC type -
approval of a vehicle with an approved engine system with regard to emissions 
pursuant to Article 7 of Regulation (EU) No 582/2011, with the application for 
an EC type -approval of a vehicle with regard to emissions pursuant to Article 9 
of that Regulation , with an application for a whole -vehicle type -approval 
pursuant to R egulation (EU) 2018/858 or the application for a national 
individual vehicle approval . The approval of a pure electric engine system and 
the EC type -approval of a pure electric vehicle with regard to emissions 
referred to in the previous sentence is limite d to the measurement of net engine 
power in accordance with  Annex XIV to Regulation (EU) No 582/2011.  
The application for a licence must concern the application case which includes 
the type of vehicle concerned by the application for EU type-approval.’ ; 
 
(9) Article 7 (1) is replaced by the following:  
‘1. The approval authority shall grant the licence if the vehicle 
manufacturer submits an application in accordance with Article 6 and proves 
that the requirements laid down in Annex II are met with respect to the  
application case concerned.’;  
(10) Article 8 is amended as follows:  
(a) paragraph 1 is deleted ; 
(b) paragraph 3 is replaced by the following:  
‘3. After obtaining the licence, the vehicle manufacturer shall notify the 
approval authority without delay of any changes to the processes set up by it 
for the purposes of the licence for the application case covered by the licence 
that may effect on the accuracy, reliability and stability of those processes.’ ; 
(11) Article 9 is amended as follows:  
(a) paragraph 1 is replaced by the foll owing:  
‘1. A vehicle manufacturer shall determine the CO 2 emissions and fuel 
consumption of each new vehicle, with the exception of vehicle technologies 
listed in Annex III , Appendix 1 , to be sold, registered or put into service in the 
Union using the late st available version of the simulation tool referred to in 
Article 5(3). With regard to  heavy buses the vehicle manufacturer or interim 
manufacturer shall use the method set out in Annex I , point (2).  
For vehicle  technologie s listed  in Annex III , Appendix  1, to be sold, registered 
or put into service in the Union, the vehicle manufacturer or interim 
manufacturer shall determine only the input parameters  specified for those 
vehicles in the models set out in Annex III , Table 5,  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 application case 
concerned in accordance with Article 7. ’; EN 7  EN (b) in paragraph 2 , between the first and second subparagraphs, the following 
subparagraph  is inserted : 
‘Vehicle manufacturers of heavy buses additionally shall record the results of 
the simulation in the vehicle information file. Interim manufacturers shall  
record the vehicle information file. ’; 
(c) paragraph 3 is replaced by the following:  
‘The vehicle manufacturer of medium lorries and heavy lorries shall create 
cryptographic hashes of the manufacturer's records file and of the customer 
information file.  
The primary vehicle manufacturer shall create cryptographic hashes of the 
manufacturer's records file and of the vehicle information file.  
The interim manufacturer shall create the cryptographic hash of the vehicle 
information file.  
The vehicle manufacturer of  complete vehicles or completed  vehicles that are  
heavy buses, shall create cryptographic hashes of the manufacturer's records 
file, of the customer information file and of the vehicle information file. ’; 
(d) paragraph 4 is amended as follows : 
(a) the first subpar agraph  is replaced by the following:  ‘Lorries and complete 
vehicles or completed  vehicles that are  heavy buses  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. ’; 
(b) after the second subparagraph , the following sentence is added:  
‘Vehicle manufacturers of heavy buses shall make  the vehicle 
information file available to the  manufacturer  of the  subsequent step .’; 
(e) paragraph  5 is replaced by the following:  
‘5. Each vehicle accompanied by a certificate of conformity or, in the case 
of vehicles approved in accordance with Article 45 of Regulation (EU) 
2018/858, an individual vehicle approval certificate, the certificate shall 
include an imprint of the cryptographic hash or hashes as referred to in 
paragraph 3  of this Article .’; 
(f) the following paragraph  is added:  
‘6. In accordance with point 11 of Annex III , point (11),  a manufacturer 
may transfer results of the simulation tool t o other vehicles.’;  
(12) In Article 10 paragraph 3  the following subparagraph  is added:  
‘Where  a malfunction of the simulation tool occurs at previous steps to the 
complete or completed steps of heavy buses, the obligation to operate the 
simulation tool at the subsequent steps is postponed for a maximum of  14 
calendar days after the date on which  the manufacturer of the previous 
manufacturing step made the vehicle information file available  to the 
manufacturer of the complete or completed step. ’; 
 
(13) In Article 11 , paragraphs 1 and 2  are replaced by the follow ing: EN 8  EN  ‘1. The manufacturer's records file, the vehicle information file and the 
certificates on CO 2 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 authorit y and the Commission at their request.  
2. Upon request by an authori sed entity of a Member State or by the 
Commission, the vehicle manufacturer shall provide, within 15 working days, 
the manufacturer's records file or the vehicle information file.’ ; 
(14) Articl e 12 is amended as follows:  
(a)  paragraph 1  is amended as follows:  
(a)  point (g)  is replaced by the following:  
‘(g) air drag;’;  
(b) the following point  is added:  
‘(j) electric powertrain components. ’; 
(b) Paragraph 2 is replaced by the following:  
‘2. The CO 2 emissions and fuel consumption related properties of the 
components, separate technical units and systems referred to in points (b) to 
(g), (i) and (j) of paragraph 1 shall be based either on the values determined, 
for each component family, separate tech nical unit family or system family, in 
accordance with Article 14 and certified in accordance with Article 17 
(‘certified values’) or, in the absence of the certified values, on the standard 
values determined in accordance with Article 13. ’; 
(c) paragraph s 4 to 7 are replaced by the following:  
‘4. The CO 2 emissions and fuel consumption related properties of auxiliaries 
shall be based on the generic values as implemented   in the simulation tool and 
as allocated to a vehicle based on the input information to be determined in 
accordance with Annex IX.  
5. In the case of a base lorry  as referred to in Article 2(2), the CO 2 emissions 
and fuel consumption related properties of c omponents, separate technical units 
and systems referred to in  paragraph 1 , point (g),  of this Article , which cannot 
be determined for the base lorries  shall be based on the standard values.  For 
components, separate technical units and systems referred to  in point (h), the 
technology with highest power losses shall be selected by the vehicle 
manufacturer . 
6. In the case of vehicles exempted from the obligation to determine the CO 2 
emissions and fuel consumption  under  Article 9(1), the simulation tool input  
data shall include the information set out in Annex III , Table 5 . 
7. Where the vehicle is to be registered, sold or put into service with a 
complete set of snow tyres and a complete set of standard tyres, the vehicle 
manufacturer may choose which of the t yres to use for determining the CO 2 
emissions. In the case of heavy buses, as long as the tyres used in the primary 
vehicle simulation are with the vehicle when it is registered, sold or put into 
service , addition  of tyre sets to the vehicle shall not result in the obligation to EN 9  EN conduct  a new primary vehicle simulation in accord ance with  Annex I , point 
2’; 
(15) Article 13 is amended as follows:  
(a) in the title , the words ‘ and generic’ are added ; 
(b) paragraph s 7 and 8 are replaced by the following:  
‘7. For auxiliaries generic values are allocated by the simulation tool in 
accordance with  the technologies selected in accordance with Annex IX.  
8. The standard value for tyres shall be determined in accordance with 
Annex X , point (3.2).’; 
(c) the following paragr aph  is added:  
 ‘9. The standard values for electric powertrain components shall be 
determined in accordance with Annex Xb , Appendi ces 8 to 10 .’; 
(16) Article 14 is amended as follows:  
(a) paragraph s 1 and 2 are replaced by the following:  
‘1. The values determined in accordance with paragraphs 2 to 1 0 of this 
Article may be used by the vehicle manufacturer as the simulation tool 
input data if they are certified in accordance with Article 17.  
2. The certified values for engines shall be determined in accordance 
with Annex V , points 4, 5 and 6 .’; 
(b) the following paragraph  is added:  
(c) ’10. The certified values for electric powertrain components shall be 
determined in accordance with Annex Xb, point 4 to 6. ’; 
(17) Article 15 is amended as follows:  
(a) in paragraph 1 , the following indent s are added:  
 ‘- Appendix 3 to Annex V  as regards  engines, the certified values for the 
members of an engine family created in accordance with the family 
definition shall be derived in accordance w ith point 4, 5 and 6 of Annex 
V; 
- Appendix 13 to Ann ex Xb as regards the family concept of electric 
machine systems or Integrated Electric Powertrain Components , the 
certified values for the members of a family created in accordance with 
the family definition of electric machine systems, shall be derived in  
accordance with point 4 of Annex Xb.’  ; 
 
(b) paragraph 2 is replaced by the following:  
‘2. For engines, the certified values for the members of an engine family 
shall be derived in accordance with Annex V , point s (4), (5) and  (6). 
For tyres, a family shall co nsist of one tyre type only.  
For electric machine systems or Integrated Electric Powertrain 
Components, the certified values for the members of a family of electric EN 10  EN machine systems shall be derived in accordance with Annex Xb , point 
(4).’; 
(18) Article 16 is am ended as follows:  
(a) in paragraph 2 ,  the following indent  is added:  
‘Annex Xb, Appendix 2 to 6 as regards electric powertrain components .’ 
; 
(b) in paragraph 3 the second sentence is replaced by the following:  
‘The application shall also be accompanied by the relevant test reports 
issued by an approval authority, test results, and by a statement of 
compliance issued by an approv al authority pursuant to point 2  of Annex 
IV of Regulation (EU) 2018/858 .’; 
(19) Article 17 is amended as follows:  
(a) in paragraph 2 , the follo wing indent is added:  
 ‘- Annex Xb , Appendix 1 , as regards electric powertrain components. ’ ; 
(b) in paragraph 3 ,  the following indent is added:  
‘- Annex Xb , Appendix 14 , as regards electric powertrain components. ’; 
(20) Article 18 (1), first subparagraph,  is amend ed as follows:  
(a) the first indent  is replaced by the following:  
‘Annex V, Appendix 3, as regards the family concept of engines, taking 
into account the requirements of Article 15(2) ;’; 
(b) the following indent is added : 
‘- Annex Xb , Appendix 13 , as regards the family concept of electric 
machine systems or  Integrated Electric Powertrain Components, taking 
into account the requirements of Article 15(2).’;  
(21) Article 20 is amended as follows:   
(a) paragraph 1 , is amended as  follow s: 
(a) the first subparagraph is replaced by t he following:  
‘The vehicle manufacturer shall take the necessary measures to ensure 
that the processes set up for the purpose of obtaining  the licence for the 
simulation tool for the application case   covered by the licence granted 
pursuant to Article 7 co ntinue to be adequate for that purpose. ’; 
(b) the first sentence of the second subparagraph is replaced by 
the following:  
‘For medium lorries and heavy lorries the vehicle manufacturer shall, on 
a yearly basis, perform the verification testing procedure set ou t in Annex 
Xa on a minimum number of vehicles in accordance with that Annex , 
point 3 .’; 
(b) paragraph 2 , the first subparagraph , the first sentence  is replaced by the 
following:  
‘The approval authority shall perform, four times per year, an assessment 
as refer red to in point 2 of Annex II in order to verify if the processes set EN 11  EN up by the manufacturer for the purposes of determining CO2 emissions 
and fuel consumption for all the  application cases and  vehicle groups 
covered by the licence continue to be adequate.’ ;  
(22) Article 21 is amended as follows:  
(a) paragraph 2  is replaced by the following:  
‘2. The plan of remedial measures shall apply to all  application cases and  
vehicle groups which have been identif ied by the approval authority in its 
request.’;  
(b) paragraph 3  is amended as follows:  
(a) the second subparagraph  is replaced by the following:  
 ‘The approval authority may require the vehicle manufacturer to issue a 
new manufacturer's records file, vehicle infor mation file , customer 
information file and certificate of conformity on the basis of a new 
determination of CO2 emissions and fuel consumption reflecting the 
changes implemented in accordance with the approved plan of remedial 
measures.’ ; 
(b) the following sub paragraphs are added:  
‘The vehicle manufacturer shall take the necessary measures to ensure 
that the processes set up for the purpose  of obtaining the licence to 
operate  the simulation tool for all the application cases and vehicle 
groups covered by the li cence granted pursuant to Article 7 continue to 
be adequate for that purpose.  
For medium lorries and heavy lorries the vehicle manufacturer shall, on a 
yearly basis, perform the verification testing procedure set out in Annex 
Xa on a minimum number of vehi cles in accordance with that Annex , 
point 3 .’; 
(23) Article 22 (1) is amended as follows:  
(a) the first subparagraph is replaced by the following:  
 ‘The manufacturer shall take the necessary measures in accordance with 
Annex IV to Regulation (EU) 2018/858  to ensure that the CO 2 emissions 
and fuel consumption related properties of the components, separate 
technical units and systems listed in Article 12(1) which have been the 
subject of certification in accordance with Article 17 do not deviate from 
the cer tified values. ’; 
(b)  in the second subparagraph the following indent  is added:  
‘- the procedures laid down in  Annex Xb , Appendix 12 , point (1)  to 
point (4) , as regards electric powertrain components ’; 
(24) Article 23 is amended as follows:  
(a) in paragraph 3  the second subparagraph is replaced by the following:  
‘The approval authority may require the vehicle manufacturer to issue a 
new manufacturer's records file, customer information file , vehicle 
information file  and certificate of conformity on the basis of a n ew 
determination of CO 2 emissions and fuel consumption reflecting the EN 12  EN changes implemented in accordance with the approved plan of remedial 
measures.’ ; 
(b) paragraph 5 is replaced by the following:  
‘5. The manufacturer shall keep a record of every component, se parate 
technical unit or system recalled and repaired or modified and of the 
workshop which performed the repair or modification. The approval 
authority shall have access to those records on request during the 
execution of the plan of the remedial measures  and for a period of 5 years 
after the completion of its execution.  
The manufacturer has to store those records for 10 years.  ’; 
(25) Article 24 is amended as follows:  
(a) paragraph (1) is amended as follows:  
(a) the introductory  wording  is replaced by the following:  
‘Without prejudice to Article 10(3)  of this Regulation , where the 
obligations referred to in Article 9 of this Regulation have not been 
complied with, Member States shall consider certificates of conformity 
for type approved vehicles, to be no longer valid for the purposes of 
Article 48 of Regulation (EU) 2018/858 . For type approved and 
individually approved vehicles , Member States shall  prohibit the 
registration, sale or entry into service of :’; 
(b) the following points are added:  
‘(d) vehicles in the groups 53  and 54, as defined in Annex I , Table 2 , as 
from  1 July 2023 ; 
(e) vehicles in the groups P31/32, P33/34, P35/36, P37/38 and P39/40 as 
defined in  Annex I, Table 3, as from  1 July 2023 , but only for vehicles 
with a production date of the primary vehicle as from 1 July 2023 ; 
(f) vehicles in the groups 31  to 40, in as defined in Annex I , Table s 4 to 
6, as from  1 July 2024 ; 
(g) vehicles in the group 1s as defined in Annex I , Table 1 , as from 1 July 
2023 .’; 
(b) paragraph 3 is replaced by the following:  
‘Article 20(1) , second subparagraph , and Article 20(2) , second, t hird and 
fourth subparagraphs,  shall apply from 1 July 2023 with regard to 
vehicles referred to in paragraph 1 , point (d), of this Article . Remedial 
measures under Articles 21(5) and 23(6) shall apply  with regard to 
vehicles referred to in paragraph 1 , points (a), (b) and (c), of this Article 
pursuant to an investigation into a vehicle failure in the verification 
testing procedure set out in Annex Xa as from 1 July 2023 and with 
regard to vehicles refe rred to in paragraph 1 , points (d) and (g)  of this 
Article as from 1 July 2024.’; 
 
(26) Annex I is replaced by the test in Annex I to this Regulation;  
(27) Annex II is amended as set out in Annex II to this Regulation;  EN 13  EN (28) Annex III is replaced by the text in Annex I II to this Regulation;  
(29) Annex IV is replaced by the text  in Annex I V to this Regulation;  
(30) Annex V is amended as set out in Annex V to this Regulation;  
(31) Annex VI is amended as set out in Annex VI to this Regulation;  
(32) Annex VII is amended as set out in Annex VII to this Regulation;  
(33) Annex VI II is amended as set out in Annex V III to this Regulation;  
(34) Annex I X is replaced by the text in Annex IX to this Regulation;  
(35) Annex X is amended as set out in Annex X to this Regulation;  
(36) Annex X a is replaced by the text in Annex XI to this Regulation;  
(37) The text in Annex XI I to this Regulation is inserted  as Annex Xb . 
Article 2  
This Regulation shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula von der Leyen