EN   EN 
 
 
   
Brussels, XXX   
[…](2022) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
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 -approval of fully automated motor vehicles with regard to 
their automat ed driving system (ADS)  
Text with EEA relevance)  
This draft has not been adopted or endorsed by the European Commission.  
Any views expressed are the preliminary views of the Commission services  
and may not in any circumstances be regarded as stating an official position  
of the Commission. The information transmitted is intended only for the  
Member State or entity to which it is addressed for discussions and may  
contain confidential and/or privile ged material.    
EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
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 -approval of fully automated motor vehicles with regard to 
their automated driving system (ADS)  
Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to th e 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 an d 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 
Regulati ons (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 631/2010, (EU) No 
406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, 
(EU) No 1009/2 010, (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 11 (2) thereof , 
Whereas:  
(1) It is necessary to adopt the implementing  legislation for the type-approval of fully 
automated vehicles with regard to their automated driving system i.e. systems listed in 
points (a) , (b), (d) and (e)  of Article 11 (1) of Regulation (EU) 2019/2144.  Driver 
availability monitoring systems should not apply to fully automated vehicles in 
accordance with Article 11 (1) of Regulation (EU) 2019/2144. In addition, the 
harmonised format for the exchange of data for instance for multi‐brand vehicle 
platooning  is still subject to standardisation activities  and shall not be included in this 
regulation at this stage. The approval of the automated driving system s of automated 
vehicles should not be covered by this regulation as it is intended to cover them with a 
reference to UN Regulation 157 on automated lan e keeping systems2 in Annex I to 
Regulation (EU) 2019/2144 listing the UN regulations that shall apply on a 
compulsory basis in the EU .  
(2) For the whole -vehicle type -approval of fully automated  vehicles, the type -approval of 
their automated driving system under this Regulation should be complemented with 
the requirements set out in Annex II, Part I, Appendix 1 of Regulation (EU) 2018/858  
of the European Parliament and of the Council 3.  
                                                 
1 OJ L 325, 16.12.2019,  p. 1.  
2 OJ L 82, 9.3.2021, p. 75  
3 Regulation (EC) 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  
EN 2  EN (3) The assessment of the automated driving system of fully automated vehicles , as 
proposed by this regulation , relies heavily  on the traffic scenarios that are relevant  for 
the different uses cases of fully automated vehicles . It is therefore  necessary to define 
those different use cases. The review of such use cases, and t heir amendment if 
required, to cover additional use cases should be conducted on a regular  basis.  
(4) The information document, referred to in 24(1) (a) of Regulation (EU) 2018/858 to be 
provided by the manufacturer for the type -approval of the automated drivi ng system of 
fully automated vehicles should be based on the template laid down for the whole 
vehicle type -approval in Annex II to Commission Implementing Regulation (EU) 
2020/6834. However t o ensure  a consistent approach, it is necessary to  extract the 
entries of the information document that are relevant for type -approval of automated 
driving system  of the fully automated vehicle . 
(5) Given the complexity of automated driving system s, it is necessary to supplement the 
performance requirements and tests provided in this Regulation by manufacturer 
documentation demonstrating that the automated driving system  is free of 
unreasonable safety risks to vehicle occupants and other road users during its lifetime.  
In this respect, it is necessary to lay down  the safety management system to be put in 
place by the manufacturers , to set for manufacturers and authorities the parameters to 
be used for the traffic scenarios relevant  for automated dri ving system , to establish 
criteria  to assess  whether the safety co ncept of the  manufacturer  addresses the relevant 
traffic scenarios, hazard and risks, and to establish criteria to assess the validation 
results from the manufacturer  in particular validation results from virtual toolchains . 
Finally it is necessary to specify the relevant in-use data that shall be reported  by the 
manufacturer to the type -approval authorities . 
(6) The EU type -approval certificate  and its addendum , referred to in Article 28(1) of 
Regulation (EU) 2018/858, to be issued for the automated dri ving system of fully 
automated vehicles, should be based on the respective template s laid down in Annex 
III to Commission Implementing Regulation (EU) 2020/6835. However to ensure a 
consistent approach, it is necessary to extract the entries of the EU type -approval 
certificate and its addendum that are relevant for type -approval of the automated 
driving system of the fully automated vehicles.  
(7) Subject to the provisions of Article 6 (5) o f Regulation 2018/858  and any relevant EU 
legislation , this regulation i s without prejudice to the right of Member States to 
regulate the safety of operation of fully automated  vehicles in traffic and the safety of 
operation of those vehicles in local transport services.  
(8) The measures provided for in this Regulation are in acco rdance with the opinion of the 
Technical Committee – Motor Vehicles,  
                                                                                                                                                         
separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) 
No 595/2009 and repealing Directiv e 2007/46/EC ( OJ L 151, 14.6.2018,  p. 1). 
4 Commission Implementing Regulation (EU) 2020/683 of 15 April 2020 implementing Regulation (EU) 
2018/858 of the European Parliament and of the Council with regards to the administrative 
requirements for the approv al and market surveillance of motor vehicles and their trailers, and of 
systems, components and separate technical units intended for such vehicles (OJ L 163, 26.5.2020, p. 
1). 
5 Commission Implementing Regulation (EU) 2020/683 of 15 April 2020 implementin g Regulation (EU) 
2018/858 of the European Parliament and of the Council with regards to the administrative 
requirements for the approval and market surveillance of motor vehicles and their trailers, and of 
systems, components and separate technical units intended for such vehicles (OJ L 163, 26.5.2020, p. 
1).  
EN 3  EN HAS ADOPTED THIS REGULATION:  
Article 1  
Scope  
This Regulation applies to the type -approval of fully automated vehicles of category M and N, 
with regard to their automated driving system, for the following  use cases : 
(a) Fully  automated  vehicles  designed and constructed for the carriage of passengers  or 
carriage of goods on a predefined  area in an urban  or suburban  environment.  
(b) “Hub -to-hub” : fully automated  vehicles  or dual mode  vehicles  designed and constructed 
for the carriage of passengers  or carriage of goods  on a predefined  route  with fixed  start and 
end points  of a journey/trip  and which  may include  urban  or suburban  or motorway  
environment .  
(c) “Automated  valet  parking”:  dual mode  vehicles  with a fully  automated  driving  mode  for 
parking  applica tions  within  predefined  parking  facilities.  The system  may use or not external  
infrastructure  (e.g. localization  marker,  perception  sensors,  etc.) of the parking  facility  to 
perform  the dynamic  driving  task. 
The manufacturer may apply for the individual or the type-approval under this Regulation of 
the automated driving system of vehicles defined in Article 2(3) of Regulation (EU) 
2018/858, provided that those vehicles fulfil the requirements of this Regulation .  
Article 2  
Definitions  
In addition to the definitions in Regulation (EU) 2018/858 and Regulation (EU) 2019/2144, 
for the purpose of this regulation, the foll owing definitions shall apply:  
1. “Automated Driving System” (ADS) means the hardware and software  as listed in  points 
(a), (b), (d) and (e) of Article 11 (1) Regulation (EU) 2019/2144, that are collectively capable 
of performing the entire DDT of the fully automated vehicle on a sustained basis . 
2. “ADS fall -back response” means an ADS -controlled procedure to place the fully automated 
vehicle in a minimal risk condition.  
3. “ADS feature” means an application of ADS hardware and software designed  specifically 
for use within an ODD.  
4. “ADS function” means an application of ADS hardware and software designed to perform 
a specific portion of the DDT.  
5. “Dynamic Driving Task ( ‘DDT ’)” means all real time operational functions and 
tactical /manoeuvring  functions required to operate the vehicle, excluding strategic functions 
such as trip scheduling and selection of destinations and waypoints.  
6. “operational functions ” of the DDT means functions delivered over a time constant of 
milliseconds and which i nclude tasks such as steering inputs to keep within a lane or braking 
to avoid an emerging hazard.  
7. “tactical /manoeuvring functions ” of the DDT means functions delivered over a time 
constant of seconds and including tasks such as lane choice, gap accepta nce and overtaking.  
8. “fault” means an abnormal condition that can cause a failure. This can concern hardware or 
software.   
EN 4  EN 9. “failure ” means the termination of an intended behaviour of a component or a system of the 
ADS due to a fault manifestation.  
10. “in-service monitoring” means data collected by the manufacturer and data from other 
sources, to get evidence on the in service safety performance of the ADS in the field.  
11. “in-service reporting” means data reported by the manufacturer to demonstrate evidence 
on the in service safety performance of the ADS in the field.  
12. “lifetime of the ADS” means the period of time during which the ADS system is 
available, as a function, on the vehicle.  
13. “lifecycle of the “ADS” means the period of time that con sists of the design, development, 
production, field operation, service and decommissioning phases.  
14. “malfunctioning behaviour ” means a failure or unintended behaviour of a component or a 
system of the ADS with respect to its design intent  
15. “minimum Risk Manoeuvre ( ‘MRM ’)” means a manoeuvre aimed at minimising risks in 
traffic by stopping the vehicle in a safe condition (i.e. minimum risk conditions).  
16. “minimum Risk Condition ( ‘MRC ’)” means a stable and stopped state of the vehicle that 
reduces the risk of a crash.  
17. “Operational Design Domain ( ‘ODD ’)” means operating conditions under which a given 
ADS is specifically designed to function, including, but not limited to, environmental, 
geographical, and time -of-day restrictions, and/or the requisite  presence or absence of certain 
traffic or roadway characteristics.  
18. “Object and Event Detection and Response” ( ‘OEDR ’) means the detection by an ADS of 
circumstances that are relevant to the immediate driving task, as well as the implementation of 
the appropriate response to such circumstances.  
19. “nominal traffic scenarios” means  reasonably foreseeable situations encountered by the 
ADS when operating within its ODD. These scenarios, often referred to as “traffic scenarios”, 
represent the non -critical interactions of the ADS with other traffic participants and generate 
normal operation of the ADS.  
20. “critical scenarios” means scenarios related to edge -cases (e.g. unexpected conditions with 
an exceptionally low probability of occurrence) and operationa l insufficiencies, not limited to 
traffic conditions but also including environmental conditions (e.g. heavy rain or low sunlight 
glaring cameras), human factors, connectivity and miscommunication  leading to emergency 
operation of the ADS.  
21. “failure scenarios” means the scenarios related to ADS and/or vehicle components failure 
which may lead to normal or emergency operation of the ADS depending on whether the 
minimum safety level is preserved  or not . 
22. “normal operation”  means the ADS operation within  specified operational limits and 
conditions to perform the designed activity.  
23. “emergency operation”  means the ADS operation due to the occurrence of events 
requiring prompt action to mitigate adverse consequences on human health or property 
damage.   
24. “on-board operator” means a human who, where applicable to the ADS safety concept:  
(a) provides assistance in duly identified emergency situations to the passengers of the 
fully automated  vehicle,   
EN 5  EN (b)  gives instruction to the ADS to perform  a minimum risk manoeuvre , provides 
additional contextual information to the ADS  in case of an unclear situation or validates 
manoeuvres proposed by the ADS.  
In the above situations, the on -board operator shall not drive the fully automated vehicle and 
the ADS shall continue to perform the operational and tactical functions of the DDT .  
25. “remote Intervention Operator” means, where applicable to the ADS safety concept, an 
authorized person located outside the fully automated vehicle who:  
(a)  activates, switches off the ADS , gives instruction to the ADS to perform  a minimum 
risk manoeuvre , provides additional contextual information to the ADS in case of an unclear 
situation  or validates manoeuvres proposed by the ADS“,  
(b) gives instruction to  the navigation system operating on the ADS to select or modify the 
planning of an itinerary or stopping points for the users.  
In the above situations, the remote intervention operator shall not remotely drive (i.e. perform 
DDT) the fully automated vehicle  and the ADS shall continue to  perform the operational and 
tactical functions of the DDT .  
26. " remote capabilities" mean capabilities specifically designed to support remote 
intervention.  
27. " R[PO: This Regulation ] Software Identification Number (R [Regul ation 2018/xx] SWIN)" means a 
dedicated identifier, defined by the vehicle manufacturer, representing information about the 
type approval relevant software of the ADS contributing to the type approval relevant 
characteristics of the ADS.  
28. “unreasonable r isk” means the overall level of risk for the vehicle occupants and other 
road users which is increased compared to a manually driven vehicle in comparable 
transportation services and situations within the operational design domain.  
29. “functional safety”:  absence of unreasonable risks under the occurrence of hazards 
caused by malfunctioning behaviour.  
30. “operational safety” means the absence of unreasonable risk under the occurrence of 
hazards resulting from functional insufficiencies of the intended fu nctionality (e.g. 
false/missed detection), operational disturbances (e.g. environmental conditions like fog, rain, 
shadows, sunlight, infrastructure) or by reasonably foreseeable misuse/errors by the vehicle 
occupants and other road users (i.e. safety haza rds — without system faults).  
31. "control strategy" means a strategy to ensure robust and safe operation of the ADS in 
response to a specific set of ambient and/or operating conditions (such as road surface 
condition, other road users, adverse weather co nditions, imminent collision risk, failures, 
reaching ODD boundaries, etc.). This may include temporary performance restrictions (e.g. a 
reduction in the maximum operating speed, etc.), MRM manoeuvres, collision avoidance or 
mitigation, remote intervention , etc.  
32. “Time to Collision” (TTC) means the distance on the not necessarily straight path 
coordinate divided by their first derivative, between either the fully automated vehicle  and the 
impact point with respect to the road coordinate system or the Target and the impact point 
with respect to the road coordinate system, provided the speeds of the involved 
vehicles/objects/subjects would not change.  
For pure longitudinal situation s with constant speeds, unless differently specified in the text, 
this is obtained by dividing the longitudinal distance (in the direction of travel of the subject 
vehicle) between the subject vehicle and the target by the longitudinal relative speed of th e 
subject vehicle and the target.   
EN 6  EN For pure crossing situations with constant speeds, unless differently specified in the text, this 
is obtained by dividing the longitudinal distance between the subject vehicle and the lateral 
line of movement of the target  by the longitudinal velocity of the subject vehicle.  
33. “vehicle type with regard to the ADS” means fully automated vehicle s which do not differ 
in such essential aspects as:  
(a) Vehicle features which significantly influence the performances of ADS;  
(b) The system characteristics and design of ADS.  
34. “dual mode vehicles” means vehicles with a driver seat designed and constructed:  
(a) to be driven by the driver in the “manual driving mode” and  
(b) to be driven by the ADS without any driver supervision i n the “fully automated driving 
mode”.  
The transition between the manual driving mode and the fully automated mode may only 
occur when the vehicle is at standstill , not when the vehicle is moving.  
35. “transport service operator” means the entity providing a transport service using one or 
more fully automated vehicle s. 
Article 3 
Administrative provisions and technical specifications  for the  type-approval of the 
automated driving system of fully automated vehicles  
 
1. The relevant entries of information document , submitted in accordance with Article 
24(1), point (a) of Regulation (EU) 2018/858 with the application for type-approval 
of the automated driving system of a fully automated vehicle , shall consist of  the 
information relevant for that system as contained  in Annex  1. 
2. The type-approval of the automated driving systems of fully automated vehicles shall 
be subject to the technical specifications set out in Annex  2. Those specifications  
shall be assessed by the approval authorities or their technical services in accordance 
with Annex 3. 
3. The EU type -approval certificate  for a type of the automated driving system of a 
fully automated vehicle,  as referred to in Article 28(1) of Regulation (EU) 2018/858, 
shall be drawn up in accordance with Annex  4.  
Artic le 4 
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 . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.   
EN 7  EN Done at Brussels,  
 For the Commission  
 The President  
 Ursula von der Leyen