EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2022) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Annexes I, II, IV and V to Regulation (EU) 2018/858 of the European 
Parliament and of the Council as regards the technical requirements for vehicles 
produced in unlimited series, vehicles produced in small series, fully automated vehicles 
produced  in small series and special purpose vehicles, and as regards software update  
(Text with EEA relevance)   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
This Regulation  aims to set out the technical requirements  to be applied for the purpose of EU 
type-approval of vehicles produced in small series and of special purpose vehicles with regard 
to the systems introduced by Regulation (EU) 2019/2144 of the European Parliament and of 
the Council and the delegated acts and implementing acts adopted pursuant to it.  
In accordance with Article 41(5), the Commission is empowered to adopt delegated acts 
amending Appendix 1 of Part I to Annex II to set out the technical requirements for vehicle 
categories M, N and O and amend ing point 1 of Part A of Annex V accordingly as regards the 
quantitative annual limits.  
In addition, recital  (35) of Regulation (EU) 2019/2144  also calls on the Commission, when 
laying down the requirements for vehicles produced in small quantities to give  appropriate 
consideration to vehicles or classes of vehicles where those  requirements are incompatible 
with the use or design of such vehicles, or where the additional burden imposed by them is 
disproportionate.   
Annex I to Regulation (EU) 2018/858 is amended to introduce two new categories of trailers 
and one additional type of bodywork to take account of technical progress and regulatory 
development1. It is necessary, f or the purpose of CO 2 certification, to distinguish trailers and 
semi -trailers from  link trailers used in EMS combinations.  
The table in Annex II, Part I to Regulation (EU) 201 8/858, contain ing the list of regulatory 
acts for EU type -approval of vehicles produced in unlimited series, is brought up -to-date to 
take into account technologic al and regulatory developments  by introducing and updating the 
references to Regulation (EU) 2019/2144  and the delegated acts and implementing acts 
adopted pursuant to it. In addition, the layout of the table is aligned to the format of the table 
in Annex II to Regulation (EU) 2019/2144  in view to provide legal clarity and simplification.  
Annex II, Part I, Appendix 1 to Regulation (EU) 2018/858, contain ing the requirements for 
EU type -approval of vehicles produced in small series is amended and complemented  to take 
into account Regulation (EU) 2019/2144 and the delegated acts and implementing acts 
adopted pursuant to it. In addition, the requirements for the EU whole vehicle type -approval 
of fully automated vehicles produced in small series are set out in a new Table 2 to that 
Appendix.  
The requirements for EU type -approval of special purpose vehicles in the tables in Annex II, 
Part III, Appendices 1 to 6 to Regulation (EU) 201 8/858 are amended and complemented to 
take into account Regulation (EU) 2019/2144 a nd the delegated acts and implementing acts 
adopted pursuant to it.  
The table in Annex II, Part II to Regulation (EU) 201 8/858, containing the list of the UN 
Regulations recognised as an alternative to the Directives or Regulations referred to in Part I, 
is also updated.  
Annex IV to R egulation (EU) 2018/858 contains  requirements relating to the conformity of 
production.  In accor dance with Article 31(8) , the Commission is empowered to  adopt 
delegated acts in accordance with Article 82, amending Annex IV to take account of 
technological and regulatory developments. As software update should be considered as a part 
                                                 
1 Commission Implementing Regulation (EU) 2022/ … on the determination o f the performance of 
heavy -duty trailers with regard to their influence on the CO 2 emissions, fuel and energy consumption of 
motor vehicles and amending Commission Implementing Regulation (EU) 2020/683 . EN 2  EN of the production process,  Annex IV should be amended so as to provide fo r procedures and 
arrangements that manufacturers should be required to implement to ensure the conformity 
and security of software update .  
Annexes I, II, IV and V to Regulation (EU) 201 8/858 are therefore amended in accordance 
with the Annex es to this Reg ulation.  
This Regulation also provides transitional period of 2 years for the application of the 
requirements for new vehicle types (7 July 2024) and additional 2 years for all new vehicles 
produced in small series and special purpose vehicles (7 July 2026).   
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
In the preparation of this act, the Commission carried out appropriate consultations with the 
Member State s experts . 
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
The legal basis of this delegated act  is Article s 4(2), 5(3), 31(8)  and 41(5) of Regulation (EU) 
2018/858. EN 3  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Annexes I, II, IV and V to Regulation (EU) 2018/858 of the European 
Parliament and of the Council as regards the technical requirements for vehicles 
produced in unlimited series, vehicles produced in small series, fully automated vehicles 
produced in small series and special purpose vehicles, and as regards software update  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to  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  715/2007 and (EC) No  595/2009 and repealing Directive 2007/46/EC2, 
and in particular Article  4(2), Article 5(3), Article 31(8)  and Article 41(5) thereof,   
Whereas:  
(1) For the purpose of CO 2 certification , as provided in Commission Implementing 
Regulation (EU) 2022/…  on the determination of the performance of heavy -duty 
trailers with regard to their influence on the CO 2 emissions, fuel and energy 
consumption of motor vehicles3, it is necessary to distinguish trailers and semi -trailers 
from link trailers used in energy management systems ( EMS ) combinations. In order 
to take into account technical progress and regulatory developments, new types of 
bodywork should be added to the list of  vehicles of category O as set out  in Annex I , 
Part C , point 5, to Regulation (EU) 2018/858 . 
(2) The table set out in Annex  II, Part I , to Regulation (EU) 201 8/858 contai ns the list of 
requirements for EU type -approval of vehicles produced in unlimited series , with a list 
of corresponding  regulatory acts . It is necessary to take into account technological and 
regulatory developments by updating some  of the references in that table setting out 
the requirements for vehicles, systems, components and separate technical units . In 
particular, reference to Regulation (EU) 2019/2144 of the European Parliament and of 
the Council4 should be introduced. Furthermore, for reasons of legal clarity and 
                                                 
2 OJ L 151, 14.6.2018, p. 1  
3 [OP p lease insert reference to OJ when published].  
4 Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on 
type-approval requirements for motor vehicles and their trailers, and systems, components and separate 
technical units intended for such vehicles, as regards their general safety and the protection of vehicle 
occupants and vulnerable road users, amending Regulation (EU) 2018/858 of the European Parliament 
and of the Council and repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 
661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 
631/2009, (EU) No 406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 
1008/2010, (EU) No 1009/2010, (EU) No 19/2011,  (EU) No 109/2011, (EU) No 458/2011, (EU) No 
65/2012, (EU) No 130/2012, (EU) No 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and (EU) 
2015/166  (OJ L 325, 16.12.2019, p. 1 ). EN 4  EN simplification, it is appropriate to align the layout of that table to the one contained in 
Annex II to that Regulation.  
(3) The table set out in Annex II, Part I, Appendix 1 , to Regulation (E U) 201 8/858 
contain s the list of regulatory acts for EU type -approval of vehicles produced in small 
series pursuant to Article 41 of that Regulation.  It is necessary to set out the technical 
requirements for the EU type -approval of such vehicles with respe ct to the systems 
provided for in Regulation (EU) 2019/2144 and in the delegated acts and 
implementing acts adopted pursuant to that Regulation . It is also necessary to set out 
the requirements that should apply to the EU whole -vehicle type approval of ful ly 
automated vehicles produced in small series  to allow for a progressive but quick 
introduction of the technology  in line with the application date s set out in Regulation 
(EU) 2019/2144 . 
(4) The tables set out in Annex II, Part III, Appendices 1 to 6 , to Regulation (EU) 
2018/858 contain the specific requirements  for EU type -approval of special purpose 
vehicles . Those requirements should be amended to take into account Regulation (EU) 
2019/2144 and the delegated acts and implementing acts adopted pursuant t o that 
Regulation . 
(5) When setting out the requirements for vehicles produced in small series or special 
purpose vehicles, it is necessary to take into account the cases where the requirements 
provided for vehicles produced in large series are incompatible wi th the use or design 
of such vehicles, or where the additional burden imposed by them is disproportionat e. 
For this reason, sufficient lead time should be provided to manufacturers of vehicles 
produced in small series and of special purpose vehicles to imp lement the 
requirements laid down in this Regulation. In addition, those requirements should first 
apply from 7 July 2024 to new types of vehicles and from 7 July 2026 for all new 
vehicles.  
(6) In accordance with Annex I to Regulation (EU) 2019/2144, some of the UN 
Regulations listed in the table set out in Annex II, Part II , to Regulation (EU) 
2018/858 should apply for the purposes of EU type -approval . Therefore, it is no longer 
necessary to rec ognise such UN Regulations as an alternative to the regulatory acts 
listed in Part I of that Annex and,  consequently, they should be removed from th at 
table.  
(7) On the basis of Council Decision (EU) 2020/848 of 16 June 20205, the position taken 
on behalf of the European Union in the relevant Committees of the United Nations 
Economic Commission for Europe  was in favour  of UN Regulation No 156  – Uniform 
provisions concerning the approval of vehicles with regards to software update an d 
software update management system [2021/388]6, with the view to apply it for the 
purposes of EU type -approval. I t is necessary to add UN Regulation No 156 to the list 
of regulatory acts setting out the requirements for  the EU whole -vehicle type-approval . 
As Annex IV to Regulation (EU) 2018/858  contains the requirements relating to 
arrangement s to ensure c onformity of production , it is appropriate to introduce a 
reference to UN Regulation No 156 in that Annex , as part of the procedures  and 
arrangements  that manufacturers are to put in place to ensure the conformity  and 
security of software update.  
                                                 
5 OJ L 196, 19.6.2020, p. 5. 
6 OJ L 82, 9.3.2021, p. 60  EN 5  EN (8) With technology development, motor vehicles are becoming increasingly complex 
using more electronic systems that require regular software update. Since such 
software update may affect the functioning of other approved systems and 
functionalities in the vehicles concerned, the manufacturers should establish a software 
update management system as part of their conformity of production process. 
Sufficient time sho uld be provided to manufacturers to integrate such systems into the 
whole -vehicle type -approval and in particular in respect to new complete and new 
completed vehicles respectively.  
(9) For the purpose of the EU whole -vehicle type -approval of fully automated v ehicles of 
categories M 2, M 3, N2 and N 3, it is necessary to set out in Annex V to Regulation (EU) 
2018/858 the quantitative annual limits  that should apply to th ose vehicles.  
(10) Annex es I, II, IV and V to Regulation (EU) 201 8/858 should therefore be amended in 
accordance with the Annexes to this Regulation , 
 
HAS ADOPTED THIS REGULATION:  
Article 1  
Amendments to Regulation (EU) 2018/858  
 
Regulation (EU) 201 8/858 is amended as follows:  
(1) Annex I is amended in accordance with Annex I to this Regulation;  
(2) Annex II is amended in accordance with Annex II to this Regulation;  
(3) Annex IV is amended in accordance with Annex III to this Regulation;  
(4) Annex V is amended in accordance with Annex IV to this Regulation.  
Article 2 
Transitional provisions  
1. With ef fect from 6 July 2022, national authorities shall refuse to grant E U whole -vehicle 
type-approval or national type -approval  to any new type of vehicles , for which  the 
manufacturer has execute d software update that affect the approved characteristics of the 
vehicles concerned after their registration in such a manner that th ose vehicles  do not comply 
with Regulation (EU) 2018/858 , as amended by Annex II  to this Regulation with regard to 
software update . 
2. With effect from 7 July 2024, national authorities  shall consider , on grounds relating to 
software update,  certificates of conformity in respect to  new vehicles to be no longer valid for 
the purposes of Article 4 8 of Regulation (EU) 2018/858, and shall prohibit the registration, 
placing on the market or entry into service of vehicles , for which  the manufacturer has 
execute d software update that affect the approved characteristics of the vehicles concerned 
after their registr ation  in such a manner that  those  vehicles do not comply with Regulation 
(EU) 2018/858 , as amended by  Annex II to  this Regulation  with regard to software update .  
3. With effect from 7 July 2024, national authorities shall refuse , on grounds relating to 
software update, to grant EU whole -vehicle type -approval or national type -approval  to any EN 6  EN new type of vehicles , if those  vehicles do not comply with Regulation (EU) 2018/858 , as 
amended by  Annex II to  this Regulation  with regard to software update .  
4. With effect from 7 July 2024,  national authorities shall refuse to grant EU whole -vehicle 
type-approval for vehicles produced in small series or special purpose vehicles, if those  
vehicles do not comply with Regulation (EU) 2018/858, as amended by Annex II, point (2) , 
table 1 , and poi nt (4) to this Regulation.  
5. With effect from 7 July 2026,  national authorities shall consider certificates of conformity 
in respect to  new vehicles produced in small series or special purpose vehicles to be no longer 
valid for the purposes of Article 48 of Regulation (EU) 2018/858 , and shall prohibit  the 
registration , placing on the market and entry into service of  such vehicles , if those vehicles do 
not comply with Regulation (EU) 2018/858, as amended by Annex II, point (2) , table 1, and 
point (4) to this Regulation.  
6. With effect from 7 July 2026, national authorities  shall consider , on grounds relating to 
software update,  certificates of conformity in respect to  new complete vehicles to be no longer 
valid for the purposes of Article 4 8 of Regulation (EU) 2018/858, and shall prohibit the 
placing on the market, registration and entry into service of such vehicles, if they do not 
comply with Regulation (EU) 2018/858 , as amended by Annex II to this Regulation  with 
regard to software update . 
7. With effect from 7 July 2029, national authorities  shall consider , on grounds relating to 
software update, certificates of conformity in respect to  new completed vehicles to be no 
longer valid for the purposes of Article 48 of Regulation (EU) 2018/858, and shall prohibit 
the registration, placing on the market and entry into service of such vehicles, if they do not 
comply with Regulation (EU) 2018/85 8, as amended by  Annex II to  this Regulation  with 
regard to software update . 
Article 3 
Entry into force and application  
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