EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2023) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Implementing Regulation (EU) 2021/535 as regards the second rear 
registration plate space for trailers and the mass of energy storage systems and 
correcting that Regulation  
(Text with EEA relevance)   EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Implementing Regulation (EU) 2021/535 as regards the second rear 
registration plate space for trailers and the mass of energy storage systems and 
correcting that Regulation  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union,  
Having regard to 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 th eir 
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 Eur opean 
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) 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and 
(EU) 2015/1661, and in particular Article s 4(7) and 10(3)  thereof,  
 
Whereas:  
(1) Commission Implementing Regulation  (EU) 202 1/5352 provides rules concerning 
uniform procedures and technical specifications for the type -approval of vehicles, and 
of certain systems, components and separate technical units regarding  their general 
safety . In that context, Implementing Regulation  (EU) 2021/535  introduce s a technical  
requirement for a second rear registration plate space for trailers.  However , more time 
is needed for manufacturers to adjust to th at new requirement with regard to the space 
for mounting and fixing of the second rear registration plates for vehicles of c ategory 
O3 and O 4. Therefore, the transitional provisions in Implementing Regulation (EU) 
2021/535 need to be modified to ensure that those requirements will first apply to new 
vehicle types.  In addition, vehicles of category O2 should be exempted from that 
requirement because of the design restrictions and the lack of space.  
                                                 
1 OJ L 325, 16.12.2019, p. 1.  
2  Commission Implementing Regulation (EU) 2021/535 of 31 March 2021 laying down rules for the 
application of Regulation (EU) 2019/2144 of the European Parliament and of the Council as regards 
uniform procedures and technical specifications for the type -approv al of vehicles, and of systems, 
components and separate technical units intended for such vehicles, as regards their general construction 
characteristics and safety (OJ L 117, 6.4.2021, p. 1 ). EN 2  EN (2) It is appropriate to provide rules  for the marking of the vehicle identification number  
(VIN) on the vehicle and for ensuring the traceability of the vehicl e by means of the 
VIN.  
(3) It is also appropriate to provide for certain flexibility in the positioning of the front 
registration plate  in order to take into account possible technical and design constraints 
as regards sensors, radars and cameras to be installed in front of the vehicles  for the  
safety systems provided under Regulation (EU) 2019/2144 of the European Parliament 
and of the Council .  
(4) It is necessary to complement the technical requirements  for the windscreen washer 
systems to consider the c ases where such systems incorporate a function  to mitigate  
excessive  pressures  when  the nozzles  are blocked.  
(5) It is also suitable to optimise the test procedures for the windscreen defrost ing and 
demist ing systems  by providing more efficient sequence of the activities in the test 
chamber and flexibilities in the choice of the degreaser , while at the same time 
ensuring better health and working conditions for the persons performing the tests . 
(6) It is necessary to provide rules for towing capability of str anded motor vehicles in 
order to ensure that they can be safely removed from the road when obstructing the 
road traffic.   
(7) The additional mass of the specific energy storage systems applied in zero -emission 
vehicles may cause the reference mass of such veh icles to be higher than that of 
similar conventional vehicles. The excess reference mass needs to be taken into 
account to allow zero-emission vehicles of category N that would otherwise fall 
outside the scope of Regulation (EU) 2019/631  of the European Pa rliament and of the 
Council3 to be considered  for the calculation of the average specific emissions of N 1 
vehicles for the manufacturers concerned  from 1  January  2025 . Therefore, a 
requirement should be established for the inclusion of a formal record of the mass of 
the energy storage system in the certificate of conformity, which is to be made 
available as part of the CO 2 monitoring data.   
(8) Following the date of application of Implementing Regulation (EU) 2021/535, certain 
errors have be en detected in the form of incorrect references .  
(9) Implementing Regulation (EU) 2021/535 should therefore be amended and corrected 
accordingly.  
(10) In order to enable manufacturers and approval authorities of the Member States to 
make the necessary adaptations and to prepare for the application of the new 
requirements concerning the towing capability of motor vehicles and the mass of the 
energy storage systems of zero -emission vehicles , the date of application of th e 
respective provisions of th is Regulation shou ld be deferred.  
(11) The measures provided for in this Regulation are in accordance with the opinion of the 
Technical  Committee – Motor Vehicles , 
HAS ADOPTED THIS REGULATION:  
 
                                                 
3 Regulation (EU) 2019/631 of the European Parliament and of th e Council of 17 April 2019 setting CO2 
emission performance standards for new passenger cars and for new light commercial vehicles, and 
repealing Regulations (EC) No 443/2009 and (EU) No 510/2011  (OJ L 111, 25.4.2019, p. 13 ). EN 3  EN Article 1 
Amendments to Implementing Regulation (EU) 2021/535  
Implementing Regulation  (EU) 2021/535 is amended as follows:  
1. Article 12  is amended as follows:  
(a)  the following paragraph 3a is inserted : 
‘3a.   With effect from 7 July 202 4, type -approval authorities shall refuse to 
grant EU type -approval in respect of new types of vehicles, with regard to the 
space for mounting and fixing of the second rear registration plate for vehicle 
categories O 3 and O 4, which do not comply with the technical specifications 
set out in Part 2 of Annex III with regard to the respective requirements listed 
in Annex II to Regulation (EU) 2019/2144. ’; 
(b)  paragraph  4 is replaced by the following:  
‘4.   With effect from 7 July 202 6, national authorities shall refuse, on grounds 
relating to the space for mounting and fixing of the front registration plates and 
to the space for mounting and fixing of the second rear registration plate for 
vehicle categories O 3 and O 4, the registratio n, placing on the market and entry 
into service of vehicles, which do not comply with the technical specifications 
set out in Part 2 of Annex III with regard to the respective requirements listed 
in Annex II to Regulation (EU) 2019/2144.’ ; 
2. Annex es II, III,  IV, VI, VII  and XIII are amended in accordance with Annex I to this 
Regulation.  
Article 2 
Corrections to Implementing Regulation (EU) 2021/535  
Implementing Regulation (EU) 2021/535 is corrected  as follows:  
1. in Article  6, paragraphs 3 and 4 are replaced with the following:  
‘3. In accordance with the second subparagraph of Article 6(5) of Regulation (EU) 
2018/858, an EU type -approval may be granted for vehicles exceeding the maximum 
authorised dimensions set out in point 1.1. of Sections C, D and E of Part  2 of Annex 
XIII to this Regulation, in which case the remark ‘maximum authorised dimensions 
derogation’ shall be included in point 52 of the type -approval certificate and the 
certificate of conformity.  
4. An EU type -approval may be granted for vehicles in tended for the transport of 
indivisible loads, the dimensions of which exceed the maximum authorised 
dimensions set out in point 1.1. of Sections C , D and E of Part 2 of Annex XIII to 
this Regulation, in which case the type -approval certificate and the cer tificate of 
conformity shall clearly indicate that the vehicle is intended for the transport of 
indivisible loads only. ’; 
2. Annexes II, VIII, XIII and XIV are  corrected in accordance with Annex II to this 
Regulation.  EN 4  EN Article 3 
Entry into force  
This Regulation shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
Annex I , points (5) and (6) shall apply from 1  January  2025.  However, from 1  July 2024, 
national authorities shall not refuse to grant approval s or extensions for such approvals for 
vehicle, wh ich compl y with Annex I, points (5) and (6) to  this Regulation, if a manufacturer 
so requests . 
This Regulation shall be binding in its entirety and directly applicable in all Mem ber States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula von der Leyen