CELEX: 
Language: en
Date: 2020-07-20 00:00:00
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... on the verification and correction of data referred to in Regulation (EU) 2018/956 on the monitoring and reporting of CO2 emissions from and fuel consumption of new heavy-duty vehicles

EUROPEAN
                             COMMISSION
                                                      Brussels, 20.7.2020
                                                      C(2020) 4793 final
                COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                          of 20.7.2020
   on the verification and correction of data referred to in Regulation (EU) 2018/956 on the
    monitoring and reporting of CO2 emissions from and fuel consumption of new heavy-
                                          duty vehicles
                                   (Text with EEA relevance)
EN                                                                                           EN
 ---pagebreak---                   COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                                of 20.7.2020
   on the verification and correction of data referred to in Regulation (EU) 2018/956 on the
     monitoring and reporting of CO2 emissions from and fuel consumption of new heavy-
                                               duty vehicles
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2018/956 of the European Parliament and of the Council of
   28 June 2018 on the monitoring and reporting of CO2 emissions from and fuel consumption of
   new heavy-duty vehicles1, and in particular Article 8(4) thereof,
   Whereas:
   (1)    Article 8(2) of Regulation (EU) 2018/956 obliges the Commission to verify the quality
          of the data reported by Member States and by manufacturers of heavy-duty vehicles
          pursuant to Articles 4 and 5 of that Regulation. It also obliges the Commission to
          correct discrepancies found during such verification.
   (2)    It is therefore appropriate to determine the verification and correction measures of the
          data reported by heavy-duty vehicle manufacturers. In particular, it is necessary to lay
          down a procedure for verifying that the data reported by manufacturers of heavy-duty
          vehicles in accordance with point 2 of Part B of Annex I to Regulation (EU) 2018/956
          correspond to the relevant data source, that is the engine type-approval certificate
          issued in accordance with Regulation (EC) No 595/2009 of the European Parliament
          and of the Council2 and the manufacturer’s records file.
   (3)    The number of heavy-duty vehicles of which the quality of the data is to be verified
          should be sufficiently high for the Commission to detect possible discrepancies in the
          reported data and to establish whether the nature of such discrepancies is systematic.
   (4)    In order to ensure the integrity of the reporting process, the verification should consist
          of checks of the data reported by manufacturers against the engine type-approval
          certificate and the manufacturer’s records file.
   (5)     Manufacturers should be given the opportunity to correct the data in the case the
          Commission finds discrepancies. Where those discrepancies are of a systematic nature,
          manufacturers should provide corrected data for all the vehicles registered in the
          reporting period concerned.
   (6)    In order to ensure the correctness of the data, where the manufacturers have not
          provided the Commission with corrected data, the Commission should be able to
          correct those data itself. In order to ensure that the manufacturers provide the
   1
          OJ L 173, 9.7.2018, p. 1.
   2
          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 Regulation (EC)
          No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and
          2005/78/EC (OJ L 188, 18.7.2009, p. 1).
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 ---pagebreak---          Commission with correct data, where the discrepancies found are of a systematic
         nature, the Commission should correct those data by applying a correction factor to
         CO2 emissions of all heavy-duty vehicles registered in the reporting period concerned.
   (7)   For transparency purposes, it should be clear from the data included in the Central
         Register for data on heavy-duty vehicles whether they have been corrected by the
         Commission.
   (8)   The measures provided for in this Regulation are in accordance with the opinion of the
         Climate Change Committee,
   HAS ADOPTED THIS REGULATION:
                                               Article 1
              Heavy-duty vehicles of which the quality of the data is to be verified
   1.      Following the reporting of the data by manufacturers in accordance with Article 5(1)
           of Regulation (EU) 2018/956, the Commission shall verify the quality of the data of
           a number of heavy-duty vehicles of each manufacturer registered in the reporting
           period concerned. For the reporting period of the year 2019, the Commission shall
           only verify the quality of the data of heavy-duty vehicles that have been registered as
           from 1 January 2020.
   2.      The Commission shall select the heavy-duty vehicles referred to in paragraph 1
           randomly. The number of selected heavy-duty vehicles shall be between 2% and
           10% of the number of heavy-duty vehicles of each manufacturer that have been
           registered in the reporting period concerned.
                                               Article 2
       Notification by the Commission and information provided by manufacturers and
                                           Member States
   1.      The Commission shall notify the manufacturers concerned of the vehicle
           identification numbers of the heavy-duty vehicles selected in accordance with Article
           1(2).
   2.      Within one month from receipt of the notification referred to in paragraph 1,
           manufacturers shall provide to the Commission for each selected heavy-duty vehicle:
           (a)    the original of the manufacturer's records file, drawn up in accordance with
                  Part I of Annex IV to Commission Regulation (EU) 2017/24003;
           (b)    a copy of the engine type-approval certificate issued in accordance with
                  Regulation (EC) No 595/2009.
   3.      Upon request by the Commission, manufacturers, and the Member States where the
           heavy-duty vehicles referred to in paragraph 1 were first registered, shall provide
           additional information for the purpose of solving potential setbacks.
   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
         emissions 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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 ---pagebreak---                                                 Article 3
      Verification of the correctness of the cryptographic hash value and data reported by
                                            manufacturers
   1.       The Commission shall, for the heavy-duty vehicles selected in accordance with
            Article 1(2), crosscheck the cryptographic hash values of the original of the
            manufacturer’s records file provided in accordance with point (a) of Article 2(2)
            against the imprint of the corresponding cryptographic hash values provided by the
            Member State concerned in accordance with their obligation under point (k) of Part
            A of Annex I to Regulation (EU) 2018/956.
            In case of any discrepancy in the cryptographic hash values, and where requested by
            the Commission, manufacturers shall verify the correctness of the data provided to
            the Commission and inform the Commission of the result of that verification within
            one month.
   2.       The Commission shall, for the heavy-duty vehicles selected in accordance with
            Article 1(2), crosscheck the data reported in accordance with Article 5 of Regulation
            (EU) 2018/956 against the corresponding data in the original of the manufacturer's
            records file drawn up in accordance with Part I of Annex IV to Regulation (EU)
            2017/2400.
   3.       The Commission may, for the heavy-duty vehicles selected in accordance with
            Article 1(2), crosscheck the engine-related data reported in accordance with
            entries 75 to 78 of point 2 of Part B of Annex I to Regulation (EU) 2018/956 against
            the corresponding values in the engine type-approval certificate issued in accordance
            with Regulation (EC) No 595/2009.
                                                Article 4
                                        Notification of findings
   1.       The Commission shall either confirm the accuracy of the data verified pursuant to
            Article 3, or notify the manufacturers of any discrepancies found between the data
            reported pursuant to Article 5 of Regulation (EU) 2018/956 and the corresponding
            data in the manufacturer’s records file and the engine type-approval certificate
            provided in accordance with Article 2(2).
   2.       Within one month of receipt of the notification referred to in paragraph 1, the
            manufacturers shall provide the Commission with the corrected data for the heavy-
            duty vehicles selected in accordance with Article 1(2) and an explanation for the
            discrepancies mentioned in that notification.
   3.       Where the Commission finds that the discrepancies are of a systematic nature, the
            manufacturers shall provide the Commission, within one month of receipt of the
            notification referred to in paragraph 1, with the corrected data for all the heavy-duty
            vehicles reported in the reporting period concerned and an explanation for the
            discrepancies.
   4.       The manufacturers shall transmit the corrected data referred to in paragraphs 2 and 3
            via the electronic data transfer to the Business Data Repository managed by the
            European Environment Agency.
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 ---pagebreak---                                                 Article 5
                                           Correction of data
   1.       Where the Commission is satisfied with the explanation and with the corrected data
            provided by the manufacturers pursuant to Article 4, it shall include the corrected
            data in the final dataset to be published in the Central Register for data on heavy-duty
            vehicles and mark it as corrected.
   2.       Where the Commission is not satisfied with the explanation or with the corrected
            data provided by the manufacturers or where the manufacturers do not provide the
            corrected data within the deadline set out in paragraphs 2 and 3 of Article 4, the
            Commission shall:
            (a)   correct the CO2 emissions expressed in g/tkm for the heavy-duty vehicles
                  selected in accordance with Article 1(2), which are affected by the
                  discrepancies, based on the information provided by the manufacturer pursuant
                  to paragraphs 2 and 3 of Article 2;
            (b)   in the case of discrepancies of a systematic nature, correct the CO2 emissions
                  of all heavy-duty vehicles registered in the reporting period concerned by
                  applying a correction factor.
   3.       The correction factor referred to in point (b) of paragraph 2 shall be determined on
            the basis of the discrepancies observed in the CO2 emissions expressed in g/tkm of
            the heavy-duty vehicles selected in accordance with Article 1(2).
   4.       The Commission shall include the corrected data in the final dataset to be published
            in the Central Register for data on heavy-duty vehicles and mark it as corrected.
                                                Article 6
                                            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.
   Done at Brussels, 20.7.2020
                                                  For the Commission
                                                  The President
                                                  Ursula VON DER LEYEN
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