CELEX: 
Language: en
Date: 2021-12-14 00:00:00
Title: COMMISSION DELEGATED REGULATION (EU) /... amending Regulation (EU) 2018/956 of the European Parliament and of the Council as regards the data on new heavy-duty vehicles to be monitored and reported by Member States and by manufacturers and the reporting procedure

EXPLANATORY MEMORANDUM
            
            
               CONTEXT OF THE DELEGATED ACT
            
            
               This Delegated Act amends Annex I to Regulation (EU) 2018/956 such that the information recorded in position 3 of the Certificate of Conformity of a newly registered heavy-duty vehicle is annually reported to the Commission by Member States. This information is necessary to determining the vehicle axle configuration of reported vehicles on the basis of the number of powered axles and thus identify vehicles falling within the scope of manufacturer-reported data based on information coming from the Member State without necessitating additional exchanges with the manufacturer. It furthermore amends Annex II in order to allow the EEA to adapt the set-up of the database to technical progress.
            
            
               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 7 September 2021 until 5 October 2021; it received four comments. Two comments expressed general support. One comment underlined the need for sufficient lead-time for manufacturers who are obliged to make data available retroactively. A fourth comment expressed a critical position on the legislation in general.
            
            
               (b)consultation with the Expert Group of CO2 from motor vehicles, including Member State authorities, vehicle manufacturers, suppliers and NGOs on 28 September 2021.
            
            
               LEGAL ELEMENTS OF THE DELEGATED ACT
            
            
               The Commission is empowered to adopt this Delegated Act by Article 11(1)(a) and (d) of Regulation (EU) 2018/956.
            
            
            
               COMMISSION DELEGATED REGULATION (EU) …/...
            
            
               of 14.12.2021
            
            
               amending Regulation (EU) 2018/956 of the European Parliament and of the Council as regards the data on new heavy-duty vehicles to be monitored and reported by Member States and by manufacturers and the reporting procedure
            
            
               (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 11(1)(a) and (d) thereof,
            
            
               Whereas:
            
            
               (1)Part A of Annex I to Regulation (EU) 2018/956 specifies the data to be monitored and reported by the Member States relating to new heavy-duty vehicles registered for the first time in the Union
            
         
         
            
               (2)In order to provide for a thorough analysis in accordance with Article 10 of Regulation (EU) 2018/956, Member States should monitor and report data that allow determining the vehicle axle configuration of reported vehicles on the basis of the number of powered axles. Such data is recorded in entry 3 of the certificate of conformity of a newly registered heavy-duty vehicle.
            
            
               (3)That information would allow the Commission to identify vehicles falling within the scope of data reported by the manufacturers pursuant to Article 5 of Regulation (EU) 2018/956 based on information reported by the Member States without necessitating additional exchanges with manufacturers.
            
            
               (4)Based on the experience gained from preparing the report in accordance with Article 10 for the reporting period of the year 2019 and in order to provide a thorough analysis of reported data in the coming years, it is necessary that manufacturers report specific data on the behaviour of individual vehicle components during the run of the simulation tool as  recorded in the ‘sum exec data file’.
            
            
               (5)Annex II to Regulation (EU) 2018/956 sets out the monitoring and reporting procedure.
            
            
               (6)Based on the experience gained from the application of Regulation (EU) 2018/956, the European Environment Agency should have the flexibility to adapt the structure and character of the databases to technical progress and should not be bound by specific technical determinations. The descriptive names of the databases should thus be removed from Annex II.
            
            
               (7)Regulation (EU) 2018/956 should therefore be amended accordingly,
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
               Amendments to Regulation (EU) 2018/956
            
            
               Annexes I and II to Regulation (EU) 2018/956 are amended in accordance with the Annex to this Regulation.
            
            
               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, 14.12.2021
            
            
               
                     For the Commission
               
               
                     The President
                     Ursula VON DER LEYEN
               
            
         
         
            
                  
                     (1)
                  
                        OJ L 173, 9.7.2018, p. 1.
               
            
      
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               ANNEX 
            
            
               Annexes I and II are amended as follows:
            
            
               (1)Annex I is amended as follows:
            
            
               (a)in Part A, the following point (p) is added:
            
            
               ‘(p) for vehicles registered from 1 July 2021, the number of powered axles, as specified in entry 3 of the certificate of conformity.’;
            
            
               (b) in Part B, point 2, the table is amended as follows:
            
            
               (i)
                     the following entry is added
                      to:
            
            
                     
                        ‘102
                     
                  
                  
                     
                        For vehicles with a date of simulation as of 1 July 2021, 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 (10) 
                     
                  
                  
                     
                        File generated by the simulation tool referred to in Article 5(1)(a) of Regulation (EU) 2017/2400 in its graphical user interface (GUI) version 
                     
                  
                  
                     
                        ‘sum exec data file’’;
                     
                  
               
               (ii)
                     Note 10 is replaced by the following: 
            
            
               ’(10)
                     This entry shall not be made publicly available in the Central Register on heavy-duty vehicles.’;
            
            
               (2)Annex II is amended as follows:
            
            
               (a)in point 1.1, the first subparagraph is replaced by the following:
            
            
               ’1.1.
                     The data specified in Annex I, Part A, shall be transmitted in accordance with Article 4 by the contact point of the competent authority via electronic data transfer to the European Environment Agency (‘the Agency’).’;
            
            
               (b)point 2.1(c) is replaced by the following:
            
            
               ‘(c) the contact point responsible for transmitting the data to the Agency.’;
            
            
               (c)in point 2.3, the first subparagraph is replaced by the following:
            
            
               ‘2.3.
                     The data specified in Part B, point 2, of Annex I shall be transmitted in accordance with Article 5(1) by the contact point of the manufacturer via electronic data transfer to the Agency.’;
            
            
               (d)point 3.3 is replaced by the following:
            
            
               ’3.3.
                     Where a competent authority or manufacturer identify errors in the data submitted, they shall without delay notify those to the Commission and the Agency by submitting an error notification report to the Agency and by email sent to the addresses referred to in point 1.1.’.