CELEX: 
Language: en
Date: 2021-02-18
Title: COMMISSION DELEGATED REGULATION (EU) …/... supplementing Regulation (EU) 2018/956 of the European Parliament and the Council by specifying the data to be reported by the Member States for the proposes of verifying the CO2 emissions and fuel consumption of new heavy-duty vehicles

EXPLANATORY MEMORANDUM
            
            
               CONTEXT OF THE DELEGATED ACT
            
            
               The provisions of Article 7 of Regulation (EU) 2018/956 require the Commission to collect the results of on-road tests performed within the framework of Regulation (EC) No 595/2009 to verify the CO2 emissions and fuel consumption of new heavy-duty vehicles pursuant to that Regulation. This Regulation supplements Regulation (EU) 2018/956 in accordance with Article 7(2) of that Regulation.
            
            
               CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
            
            
               The Commission sought feedback from stakeholders through:
            
            
               (a)4-week public on-line consultation on the “Have your say” better regulation portal, from  XX until XXX 2020;
            
            
               (b)consultation with the Expert Group of CO2 from motor vehicles, including Member State authorities, vehicle manufacturers, suppliers, social partners and NGOs.
            
            
               LEGAL ELEMENTS OF THE DELEGATED ACT
            
            
               The Commission is empowered to adopt this Delegated Act by Article 7(2) of Regulation (EU) 2018/956.
            
            
            
               COMMISSION DELEGATED REGULATION (EU) …/...
            
            
               of XXX
            
            
               supplementing Regulation (EU) 2018/956 of the European Parliament and the Council by specifying the data to be reported by the Member States for the proposes of verifying the CO2 emissions and fuel consumption of new 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 (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 vehicles
                  1
               , and in particular Article 7(2) thereof,
            
            
               Whereas:
            
            
               Regulation (EC) No 595/2009 of the European Parliament and of the Council
                  2
                lays down rules for in-service conformity of vehicles and engines, the durability of pollution control devices, vehicle on-board diagnostic systems and the measurement of fuel consumption and CO2 emissions. 
            
         
         
            
               (1)In accordance with Article 7(1) of Regulation (EU) 2018/956 the Commission is to monitor, where available, the results of on-road tests performed within the framework of Regulation (EC) No 595/2009 to verify the CO2 emissions and fuel consumption of new heavy-duty vehicles. 
            
            
               (2)Commission Regulation (EU) 2017/2400
                  3
                complements the legal framework for the type-approval of motor vehicles and engines with regard to emissions and vehicle repair and maintenance information established by Commission Regulation (EU) No 582/2011
                  4
               . In particular, Regulation (EU) 2017/2400 lays down the rules for issuing licences to operate a simulation tool with a view to determining CO2 emissions and fuel consumption of new vehicles to be sold, registered or put into service in the Union  and for operating that simulation tool and declaring the CO2 emissions and fuel consumption values thus determined.
            
            
               (3)The comprehensive understanding of road tests to verify the CO2 emissions and fuel consumption of new heavy-duty vehicles requires an analysis of the test reports. 
            
            
               (4)In case of a failure of an on-road verification testing procedure, further information is needed on the causes of such failure, the follow-up of such failure and on the results of investigations to determine the cause of such failure.
            
            
               (5)Information is also necessary on how different test reports are linked to the same vehicle family under investigation.
            
            
               (6)In order to allow the Commission to receive in a timely manner the data necessary for monitoring the results of on-road tests in accordance with Article 7(1) of Regulation (EU) 2018/956 and for preparing the annual report in accordance with Article 10 of that Regulation, it is appropriate to specify by when the competent authorities of Member States should report that data,
            
            
               HAS ADOPTED THIS REGULATION:
            
            
            
            
               Article 1
               Data to be reported
            
            
               For the purposes of Article 7(1) of Regulation (EU) 2018/956, the competent authorities of the Member States shall report the following data:
            
            
               (c)test reports referred to in the second subparagraph of Article 20(1) of Commission Regulation (EU) 2017/2400, at the latest one month after the vehicle manufacturer has provided those reports to the approval authority;
            
            
               (d)information on an investigation to determine the cause of failure of a verification testing procedure as referred to in the second subparagraph of Article 20(2) of Regulation (EU) 2017/2400, at the latest one month after the start of the investigation; 
            
            
               (e)results of an investigation referred to in the second subparagraph of Article 20(2) of Regulation (EU) 2017/2400, including information on the causes of failures determined according to the second subparagraph of that Article linked to the certification of components, separate technical units or systems or to the operation of the simulation tool, at the latest one month after the approval authority has determined the cause of the failure;
            
            
               (f)testing reports referred to in Article 22(2) of Regulation (EU) 2017/2400 bearing the number of the certificate on CO2 emissions and fuel consumption related properties of an air drag family for which they have been established, at the latest one month after the manufacturer has provided those reports to the approval authority;
            
            
               (g)for each certificate on CO2 emissions and fuel consumption related properties of an air drag family, which is granted, extended, refused or withdrawn, the documents described in Appendix 1 and 2 of Annex VIII to Regulation (EU) 2017/2400, including the attachements, at the latest one month after those documents have been established or received by the approval authority. 
            
            
               Article 2
                  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,
            
         
         
            
               
                     For the Commission
               
               
                     The President
                     Ursula VON DER LEYEN