EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX  
[…](2018) XXX  draft  
 
COMMISSION REGULATION (EU) …/…  
of XXX  
amending Regulation (EU) 2017/2400 and Directive 2007/46/EC of the European 
Parliament and of the Council as regards the determination of the CO 2 emissions and 
fuel consumption of heavy -duty vehicles  
(Text with EEA relevance)    
EN 1  EN COMMISSION REGULATION (EU) …/…  
of XXX  
amending Regulation (EU) 2017/2400 and Directive 2007/46/EC of the European 
Parliament and of the Council as regards the determination of the CO 2 emissions and 
fuel consumption of heavy -duty vehicles  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European 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 information and amending Regu lation (EC) No 715/2007 and Directive 
2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC1, and in 
particular Article 4(3) and Article 5(4)(e) thereof,  
Having regard to Directive 2007/46/EC of the European Parliament and of the Coun cil of 5 
September 2007 establishing a framework for the approval of motor vehicles and their 
trailers, and of systems, components and separate technical units intended for such vehicles 
(Framework Directive)2, and in particular Article 39(7) thereof,  
Wher eas: 
(1) Regulation (EU) 2017/2400 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 emissions 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 f or Member States ' authorities  and manufacturers to verify the 
conformity of the certification of the compo nents and the conformity of the simulation 
tool operation . 
(2) The experience gained following the entry into force of  Regulation (EU) 2017/2400 
has led to the identification of several aspects of the common method for 
determination of the CO 2 emissions and fuel consumption of heavy -duty vehicles , the 
operation of the simulation tool , the certification of components , separate technical 
units and systems  and the procedure for the checking of conformity of the operation of 
the simulation tool and of the certification of components, separate technical units and 
systems which need clarification.  Those clarifications also have an impact on the 
information pro vided by manufacturers in accordance with Directive 2007/46/EC.  
(3) The Commission has carried out an assessment regarding the technical and economic 
implications of the necessary clarifications . 
                                                 
1 OJ L 188, 18.7.2009, p. 1.  
2 OJ L 263, 9.10.2007, p. 1.   
EN 2  EN (4) The improvement of the common method to objectively compare the performance of 
heavy -duty vehicles  in terms of CO 2 emissions and fuel consumption should increase 
the competitiveness of Union  industry and the transparency in the market as regards 
the fuel c onsumption of heavy -duty vehicles .  
(5) Liquefied natural gas (LNG) is an available alternative fuel to diesel for heavy -duty 
vehicles. The deployment of upcoming innovative LNG -based technologies will 
contribute to further decrease in CO 2 emissions as com pared to diesel vehicles. To 
ensure that LNG is covered by the engine test procedure, i t is appropriate  to include 
LNG as an additional reference fuel in the certification of engines in order  to 
determine the CO 2 emissions and fuel consumption of heavy -duty vehicles . 
(6) It is appropriate to take into account the specificities of vocational vehicles, i.e. 
vehicles that are used for other purposes than the delivery of goods.  Those vehicles 
should therefore be attributed to specific su b-groups  within the existing  vehicle groups 
to distinguish them from vehicles that are used only for the delivery of goods  and their 
CO 2 emissions should be determined in accordance with dedicated mission profiles .  
(7) It is also appropriate to clearly define tho se vehicles which, due to their advanced 
powertrains, including electric, hy brid electric and dual -fuel powertrains, cannot for 
the moment be subject to the requirement of determining their CO 2 emissions or fuel 
consumption  using the available simulation t ool. In order to ensure a good 
understanding of the rate of market penetration of those vehicles, a specific procedure 
should be provided for to allow a clear identification of th ose vehicles and their 
respective powertrains.  
(8) It is essential for achiev ing CO 2 reductions that the CO 2 emissions of newly produced 
heavy -duty vehicles are in conformity with the values determined pursuant to 
Regulation  (EU) 2017/2400 . The conformity of the operation of the simulation tool 
and of the certification of  the compo nents, separate technical units and systems with 
an impact on CO 2 emissions and fuel consumption  should therefore be verified using 
an on -road verification testing procedure , in addition to the procedures already set out 
in Regulation (EU) 2017/2400 . The verification testing procedure should be carried 
out by manufacturers and be verified by approval authorities.  
(9) It should be possible for the approval authorities  to impose remedial measures for  any 
systematic irregularities  with regard to the certifica tion of CO 2 emissions and fuel 
consumption related properties of components, separate technical units or systems  and 
the operation of the simulation tool , including when such irregularities are identified in 
the course of the investigation following a vehi cle failure in the verification testing 
procedure . If the approval authorities find no irregularities with regard to the 
certification of CO 2 emissions and fuel consumption related properties of components, 
separate technical units or systems or to the ope ration of the simulation tool  despite the 
vehicle test failure, it should be possible for the Commission to examine a potential 
malfunction of the simulation tool.  
(10) During the verification testing procedure , the wheel torque, engine speed, engaged 
gear and fuel consumption of the heavy -duty vehicle should be  measured on the road, 
close to the simulation tool mission profile, and compared to the fuel consumption 
calculated by the simulation tool. For a success fully passed verification testing 
procedure, the calculated fuel consumption should correspond to the measured fuel 
consumption within a certain tolerance.   
EN 3  EN (11) The systematic verification of the results of a numerical simulation by a physical test 
is a ne w concept in the Europ ean type approval legislation. The underlying  verification 
test procedure will therefore be evaluated with a view to possible improvements . The 
Commission and  the approval authorities sh ould therefore be authorised  to collect the 
results of verification test procedures from  manufacturers and to evaluate them.  
(12) In order to ensure sufficient time for the approval authorities and manufacturers  to 
adapt to the new provisions , the obligation to verify CO 2 emissions and fuel 
consumption of new  vehicles using the on -road verification testing procedure should 
be applicable  as of 1 July 2020 . 
(13) The CO 2 emissions data for vehicles falling within vehicle groups 4, 5, 9 and 10 that 
have been determined in acco rdance with  Regulation (EU) 2017/2400 are to be 
monitored under Regulation (EU) No 2018/956  of the European Parliament and of the 
Council3, starting in 2019 . The aim of the amendments to Regulation (EU) 2017/2400 
set out in this Regulation is to ensure tha t reliable CO 2 emissions data can be collected 
for all the vehicles concerned by Regulation (EU) No 2018/956  for 2019. It is 
therefore important to ensure that the amendments set out in this Regulation enter into 
force without delay . 
(14) 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  
Amendments to Regulation (EU) 2017/2400  
Regulation (EU) 2017/2400 is amended as follows:  
(1) in Article 2 , paragraph 2 is replaced by the following : 
‘2. In case of multi -stage type -approvals or individual approvals of vehicles referred 
to in paragraph 1, this Regulation shall apply only to base vehicles equipped at least 
with a chassis, engine, transmission, axl es and tyres. ’; 
(2) Article 3  is amended as follows:  
(a) the following point  4a is added:  
'(4a) “vehicle manufacturer” means a body or person responsible for issuing 
the manufacturer’s record s file and the customer information file pursuant to 
Article 9 ;’; 
(b) point 7 is replaced by the following : 
‘(7) "torque converter” means a hydrodynamic start -up component either as a 
separate component of the driveline or transmission with serial or parallel 
power flow  that adapts speed between engine and wheel and provides torqu e 
multiplication ;’; 
(c) the following point s 15 to 21 are  added:  
                                                 
3 Regulation (EU) 2018/956  of the European Parliament and of the Council on the monitoring and 
reporting of CO 2 emissions from and fuel consumption of new heavy -duty vehicles  (OJ L  173, 
9.7.2018, p. 1 ).  
EN 4  EN ‘(15) "zero emission heavy -duty vehicle " or "ZE-HDV" means a heavy -duty 
vehicle without an internal combustion engine, or with an internal combustion 
engine that emits less than 1 g CO 2/kWh;  
(16) "vocational vehicle" means a heavy -duty vehicle not intended for the 
delivery of goods ; 
(17) "rigid lorry" means a lorry that is not designed or constructed for the 
towing of a semi -trailer;  
(18) "tractor" means a tractor unit that is designed and constru cted exclusively 
or principally to tow semi -trailers;  
(19) "sleeper cab" means a type of cabin that has a compartment behind the 
driver’s seat intended to be used for sleeping;  
(20) "hybrid  electric heavy -duty vehicle " or "He-HDV" is as defined in Article 
3(15) of Directive 2007/46 /EC; 
(21) "dual -fuel vehicle" is as defined in Article 2(48) of  Regulation (EU) No 
582/2011 ’; 
(d) The following paragraph 2 is added:  
‘With regard to He -HDVs, Articles 5(3), 9(1) and 12(1) shall apply only to He -
HDVs  where at least two energy converters are physically connected to the 
driveline or the wheels and contribute to positive propulsion power, excluding 
energy converters used only for the starting of the vehicle, and if the  second 
highest maximum net power of  all energy converters, which are linked to the 
vehicle driveline or the wheels,  is at more than  10 % of the highest maximum 
net power of all energy converters. The maximum net power shall be 
determined  in accordance with UNECE Regulation No 85 and shall b e 
declared by the manufacturer for the purposes of Table 5 of Annex III.’  
(3) Article 5  is amended as follows:  
(a) paragraph 3 is replaced by the following:  
‘The simulation tool shall be used for the purposes of determining CO 2 
emissions and fuel consumption of ne w vehicles, or for the purposes of 
determining whether those vehicles are a ZE -HDVs, He -HDVs or  dual-fuel 
vehicle.  The simulation tool shall be designed to operate on the basis of input 
information as specified in Annex III, as well as input data referred to in 
Article 12(1) ’ 
(b) paragraph 5 is replaced by the following : 
‘5. 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 uni t or system and its certification document, 
as well as for establishing an unequivocal association between a vehicle and its 
manufacturer's records file and customer information file  as referred to in 
Annex IV.’ ; 
(4) Article 9 is amended as follows : 
(a) the first subparagraph of paragraph 1 is replaced by the following : 
‘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  
EN 5  EN and dual -fuel vehicles, to be sold, registered or put into service in the Union 
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 in the Union , 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) .’; 
(b) paragraph 3 is replaced by the following : 
‘3.The vehicle manufacturer shall create cryptographic hashes of the 
manufacturer's record s file  and of the customer information file using the 
hashing tool referred to in Article 5(5). ’; 
(c) paragraph 5 is replaced by the following:  
‘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 Article 24 of Directive 2007/46/EC, an individual approval 
certificate, including a n imprint of the cryptographic hash of the manufacturer's 
records file and of the customer information file referred to in paragraph 3.’ ;  
(5) Article 12  is amended as follows:  
(a) the following paragraph s 6 and 7 are  added : 
‘6. In the case of ZE-HDVs, He -HDVs and  dual-fuel vehicles, the simulation 
tool input data shall include the information set out in  Table 5 of  Annex III.’; 
 ‘7.  Where  the vehicle is to be registered , sold or put into service  with snow 
tyres  and standard  tyres, the vehicle manufacturer may choose which of the 
tyres to use for determining the CO 2 emissions.’ ; 
(6) in Article 13, paragraph 8 is replaced by the following : 
‘8. The standard value for tyres shall be the one for C3 snow tyres as set out in 
Table 2 of Part B of Annex II to Regulation (EC) No 661/2009 of the European 
Parliament and of the Council *. 
_____________  
* Regulation (EC) No 661 /2009 of the European Parliament and of the 
Council of 13 July 2009 concerning type -approval requirements for the general 
safety of motor vehicles, their trailers and systems, components and separate 
technical units intended therefor (OJ L 200, 31.7.2009, p. 1). ’; 
(7) Article 20  is amended as follows:  
(a) the title is replaced by the following:  
‘Responsibilities of the vehicle manufacturer, the approval authority and the 
Commission with regard to the conformity of simulation  tool operation ’ 
(b) in paragraph 1, the following subparagraph is added:  
‘The vehicle manufacturer shall , on a yearly basis, perform the verification 
testing procedure set out in Annex Xa on a minimum number of vehicles in 
accordance with point 3 of that Annex . The vehicle manufacture r shall provide, 
until 31 December of each year and in accordance with point 8 of Annex X a, a 
test report to the approval authority for each vehicle tested , shall keep the test  
EN 6  EN reports for a duration of at least 10 years  and shall make the m available to the 
Commission and approval authorities of the other Member States upon 
request ’;  
(c) in paragraph 2, the following subparagraph s are added : 
‘Where a vehicle fail s the verification testing procedure set out in Annex Xa, 
the approval authority shall  start an investigation to determine the cause of that 
failure, in accordance with Annex Xa. As soon as t he approval authorit y 
determines the cause of the failure , it shall inform the approval authorities of 
the other Member States thereof .  
If the cause o f the failure is linked to the operation of the simulation tool, 
Article 21 shall apply.  If the cause of the failure is linked to the certified CO 2 
emissions and fuel consumption related properties of components, separate 
technical units and systems , Artic le 23 shall apply.  
If no irregularities could be found in the certification of components, separate 
technical units or systems and the operati on of the simulation tool, the approval 
authority shall report the vehicle failure to the Commission. The Commissi on 
shall investigate  whether  the simulation tool or the verification testing 
procedure set out in Annex Xa has caused the vehicle to fail  and whether an 
improvement of the simulation tool or the verification testing procedure  is 
necessary .’; 
(8) in Article 2 3, in paragraph  1, the first subparagraph is replaced by the following : 
‘1. Where the approval authority finds, pursuant to Article s 20 and 22, that the 
measures taken by the manufacturer to ensure that the CO 2 emissions and fuel 
consumption related proper ties of the components, separate technical units and 
systems listed in Article 12(1) and which have been the subject of certification in 
accordance with Article 17 do not deviate from the certified values are not adequate, 
the approval authority shall requ est the manufacturer to submit a plan of remedial 
measures no later than 30 calendar days after receipt of the request from the approval 
authority. ’ 
(9) Article 24 is amended as follows:  
(a) in paragraph 1, point (a) is replaced by the following:  
‘(a) vehicles in the groups 4, 5, 9, 10 including the sub -group  “v” in each 
vehicle group , as defined in Table 1 of Annex I, as from 1 July 2019; ’; 
(b) in paragraph 2 , the second sentence  is replaced by the following:  
‘For vehicles in the sub -group "v" of any of those vehicle groups,  the 
obligation referred to in Article 9 shall apply as from the entry into force of this 
Regulation.   
For the purposes of the first subparagraph, t he production  date shall mean : 
(a) the date of signature of the certificate of conformity ; 
(b) where a certif icate of conformity has not been issued, the date on which 
the vehicle identification number was affixed for the first time on the 
relevant parts of the vehicle.’ ; 
(c) the following paragraph s 3 and 4 are  added:   
‘3. Article 2 shall apply as from 1 July 2019.   
EN 7  EN 4. The second  subparagraph of Article 20(1)  and the second, third and fourth 
subparagraphs of Article 20(2) shall apply from 1 July 2020. Remedial 
measures under Articles 21(5) and 23(6) shall apply  pursuant to an 
investigation into a  vehicle failure in  the verification testing procedure set out 
in Annex Xa as from 1 July 2023 .’; 
(10) Annex I is amended in accordance with Annex I to this Regulation;  
(11) Annex II I is amended in accordance with Annex II to this Regulation;  
(12) Annex I V is amended in accordance with Ann ex III to this Regulation;  
(13) Annex V is amended in accordance with Annex IV to this Regulation;  
(14) Annex V I is amended in accordance with Annex V to this Regulation;  
(15) Annex VI I is amended in accordance with Annex VI to this Regulation;  
(16) Annex VII I is amended in accordance with Annex VII to this Regulation;  
(17) Annex I X is amended in accordance with Annex VIII to this Regulation;  
(18) Annex X is amended in accordance with Annex IX to this Regulation;  
(19) a new Annex X a is inserted as set out in Annex X to this R egulation.  
Article 2  
Amendments to Directive 2007/46/EC  
Annexes I, IV and IX to Directive 2007/46/EC are amended in accordance with Annex XI  to 
this Regulation.  
Article 3 
Entry into force  
This Regulation shall enter into force on the third 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  
 Jean -Claude J uncker