# L_2022017EN.01000101.xml

| 26.1.2022 | EN | Official Journal of the European Union | L 17/1 |
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26.1.2022

EN

Official Journal of the European Union

L 17/1

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COMMISSION IMPLEMENTING REGULATION (EU) 2022/96

of 25 January 2022

amending Implementing Regulation (EU) 2019/1859 laying down rules for the application of Article 10 of Regulation (EU) 2019/1242 of the European Parliament and of the Council as regards the collection of certain data

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO2 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 (1), and in particular Article 10 thereof,

Whereas:

| (1) | Article 1 of Commission Implementing Regulation (EU) 2019/1859 (2) obliges manufacturers, as regards certain new heavy duty vehicles, to monitor and report the comma separated values file of the same name as the job file and with an extension .vsum comprising aggregated results per simulated mission profile and payload condition that is generated by the simulation tool referred to in Article 5(1), point (a), of Commission Regulation (EU) 2017/2400 (3) in its graphical user interface version (‘sum exec data file’). |
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(1)

Article 1 of Commission Implementing Regulation (EU) 2019/1859 (2) obliges manufacturers, as regards certain new heavy duty vehicles, to monitor and report the comma separated values file of the same name as the job file and with an extension .vsum comprising aggregated results per simulated mission profile and payload condition that is generated by the simulation tool referred to in Article 5(1), point (a), of Commission Regulation (EU) 2017/2400 (3) in its graphical user interface version (‘sum exec data file’).

| (2) | That obligation has been staggered over time, by date of simulation of the vehicles; with the earliest dates of simulation (1 January 2019 to 30 September 2019) to be reported only by the later of the two reporting dates set out in Implementing Regulation (EU) 2019/1859, in order to take account of the fact that manufacturers might have to repeat the simulation of vehicles falling within that batch for reasons beyond their responsibility. |
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(2)

That obligation has been staggered over time, by date of simulation of the vehicles; with the earliest dates of simulation (1 January 2019 to 30 September 2019) to be reported only by the later of the two reporting dates set out in Implementing Regulation (EU) 2019/1859, in order to take account of the fact that manufacturers might have to repeat the simulation of vehicles falling within that batch for reasons beyond their responsibility.

| (3) | The evaluation of the data obtained for the first reporting period, whose deadline is 30 September 2020, has, in the meantime, confirmed that the analysis based on that first batch of sum exec data files received under Article 1(2), point (a), of Implementing Regulation (EU) 2019/1859 renders stable results. For this reason, it is no longer necessary to oblige manufacturers to report the data referred to in Article 1(2), point (b), of Implementing Regulation (EU) 2019/1859 and that point should be deleted. |
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(3)

The evaluation of the data obtained for the first reporting period, whose deadline is 30 September 2020, has, in the meantime, confirmed that the analysis based on that first batch of sum exec data files received under Article 1(2), point (a), of Implementing Regulation (EU) 2019/1859 renders stable results. For this reason, it is no longer necessary to oblige manufacturers to report the data referred to in Article 1(2), point (b), of Implementing Regulation (EU) 2019/1859 and that point should be deleted.

| (4) | Implementing Regulation (EU) 2019/1859 should therefore be amended accordingly. |
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(4)

Implementing Regulation (EU) 2019/1859 should therefore be amended accordingly.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee, |
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(5)

The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Amendment to Implementing Regulation (EU) 2019/1859

In Article 1(2) of Implementing Regulation (EU) 2019/1859, point (b) is deleted.

Article 2

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, 25 January 2022.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  
  OJ L 198, 25.7.2019, p. 202.

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(2)  Commission Implementing Regulation (EU) 2019/1859 of 6 November 2019 laying down rules for the application of Article 10 of Regulation (EU) 2019/1242 of the European Parliament and of the Council as regards the collection of certain data (OJ L 286, 7.11.2019, p. 10).

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(3)  Commission Regulation (EU) 2017/2400 of 12 December 2017 implementing Regulation (EC) No 595/2009 of the European Parliament and of the Council as regards the determination of the CO2 emission and fuel consumption of heavy-duty vehicles and amending Directive 2007/46/EC of the European Parliament and of the Council and Commission Regulation (EU) No 582/2011 (OJ L 349, 29.12.2017, p. 1).

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