‘reference CO2 emissions’ means the average of the specific CO2 emissions in the reference period of all new heavy-duty vehicles in each of the vehicle sub-groups, determined in accordance with point 3 of Annex I;

‘specific CO2 emissions’ means the CO2 emissions of an individual heavy-duty vehicle determined in accordance with point 2.1 of Annex I;

‘reporting period of the year Y’ means the period from 1 July of the year Y to 30 June of the year Y+1;

‘reporting period’ means the period from 1 July of a given year to 30 June of the following year;

‘reference period’ means the reporting period of a given year with respect to which the regulatory CO2 emissions reduction obligations for a certain vehicle sub-group are specified under this Regulation;

‘average specific CO2 emissions’ means the average of the specific CO2 emissions of a manufacturer’s new heavy-duty vehicles in a given reporting period determined in accordance with point 2.7 of Annex I;

‘specific CO2 emissions target’ means the CO2 emissions target of an individual manufacturer, determined annually for the preceding reporting period in accordance with point 4 of Annex I;

‘rigid lorry’ means a lorry that is not designed or constructed for the towing of a semi-trailer;

‘tractor’ means a tractor unit that is designed and constructed exclusively or principally to tow semi-trailers;

‘vehicle sub-group’ means a grouping of vehicles as defined in point 1 of Annex I, that are characterised by a common and distinctive set of technical criteria relevant for determining the CO2 emissions and fuel consumption of those vehicles;

‘vocational vehicle’ means a heavy-duty vehicle intended to be used for specific duties which, according to the information in its certificate of conformity, as reported by Member States, fulfils the criteria laid down in point 1.2 of Annex I;

‘manufacturer’ means the person or body to which the vehicles registered in a given period have been attributed in accordance with Article 7a;

‘reporter’ means an entity which is responsible for the reporting of data to the Commission;

‘zero-emission heavy-duty vehicle’ means any of the following vehicles:

‘low-emission heavy-duty vehicle’ means a heavy-duty vehicle, other than a zero-emission heavy-duty vehicle, with specific CO2 emissions of less than half of the reference CO2 emissions of all vehicles in the vehicle sub-group to which the heavy-duty vehicle belongs, as determined in accordance with point 2.3.4 of Annex I;

‘mission profile’ means a combination of a target speed cycle, a payload value, a body or trailer configuration and other parameters, if applicable, reflecting the specific use of a vehicle, on the basis of which official CO2 emissions and fuel consumption of a heavy-duty vehicle are determined;

‘target speed cycle’ means the description of the vehicle velocity, which the driver wants to reach or to which he is limited by traffic conditions, as a function of the distance covered in a trip;

‘payload’ means the weight of the goods that a vehicle is carrying under different conditions;

‘primary vehicle’ means a primary vehicle as defined in Article 3, point (22), of Regulation (EU) 2017/2400;

‘primary vehicle of a heavy-duty vehicle’ means a primary vehicle, for the simulation of which a generic body is allocated that corresponds to the actual body of the heavy-duty vehicle with regard to its floor (low/high) deck (single/double) configurations and any other parameters as applicable;

‘completed vehicle’ means a completed vehicle as defined in Article 3, point (26), of Regulation (EU) 2018/858;

‘complete vehicle’ means a complete vehicle as defined in Article 3, point (27), of Regulation (EU) 2018/858;

‘off-road vehicle’ means an off-road vehicle as defined in Part A, point 2.1, of Annex I to Regulation (EU) 2018/858;

‘special purpose vehicle’ means a special purpose vehicle as defined in Article 3, point (31), of Regulation (EU) 2018/858;

‘off-road special purpose vehicle’ means an off road special purpose vehicle as defined in Part A, point 2.3.1, of Annex I to Regulation (EU) 2018/858;

‘certificate of conformity’ means a certificate of conformity as defined in Article 3, point (5), of Regulation (EU) 2018/858;

‘public contract’, in the context of public procurement procedures and unless otherwise specified, means a ‘public contract’ as defined in Article 2(1), point (5), of Directive 2014/24/EU of the European Parliament and of the Council ( 4 ), ‘supply, works and service contracts’ as defined in Article 2, point (1), of Directive 2014/25/EU of the European Parliament and of the Council ( 5 ), and ‘concessions’ as defined in Article 5, point (1), of Directive 2014/23/EU of the European Parliament and of the Council ( 6 );

‘extra heavy combination lorry’ or ‘EHC lorry’ means a heavy-duty vehicle of category N3 suitable for use in a vehicle combination and meeting all the following design and construction criteria:

undertakings in which the manufacturer has, directly or indirectly:

undertakings which directly or indirectly have, over the manufacturer, the right or powers referred to in point (a);

undertakings in which an undertaking referred to in point (b) has, directly or indirectly, the right or powers referred to in point (a);

undertakings in which the manufacturer together with one or more of the undertakings referred to in point (a), (b) or (c), or in which two or more of the latter undertakings, jointly have the right or powers referred to in point (a);

undertakings in which the right or the powers referred to in point (a) are jointly held by the manufacturer or one or more of its connected undertakings referred to in points (a) to (d) and one or more third parties.

the data reported for the manufacturer’s new heavy-duty vehicles registered in the preceding reporting period;

the zero- and low-emission factor determined in accordance with Article 5; and

in the reporting periods of the years 2030 to 2034, new zero-emission vocational vehicles falling within the scope of point 1.1.1 of Annex I.

for heavy-duty vehicles of category N, to the vehicle manufacturer as defined in Article 3, point (4a), of Regulation (EU) 2017/2400;

for heavy-duty vehicles of category M, to the primary vehicle manufacturer as defined in Article 3, point (29), of Regulation (EU) 2017/2400;

for heavy-duty vehicles of category O, to the vehicle manufacturer as defined in Article 2, point (5), of Commission Implementing Regulation (EU) 2022/1362 ( 8 ).

for the calculation of the average specific CO2 emissions in a vehicle sub-group of a manufacturer, a new heavy-duty vehicle of category M shall be considered with its specific CO2 emissions as a complete or completed vehicle under point 2.2.2 of Annex I and shall not be considered in point 2.2.3 of that Annex;

by way of derogation from point (a) of this Article, upon request to the Commission by the primary vehicle manufacturer as referred to in Article 7a, point (b), and subject to the condition set out in point (c) of this Article, a new heavy-duty vehicle of category M shall be considered with the specific CO2 emissions of its primary vehicle in point 2.2.3 of Annex I and shall not be considered in point 2.2.2 of that Annex;

a request under point (b) of this Article for a new heavy-duty vehicle of category M shall not be admissible if the primary vehicle manufacturer, and the vehicle manufacturer as defined in Article 3, point (4a), of Regulation (EU) 2017/2400, of the complete or completed vehicle are connected undertakings or parts of the same legal entity; by submitting such a request, the primary vehicle manufacturer declares that they are not connected undertakings or parts of the same legal entity; it shall provide supporting information to the Commission upon request;

the Commission, with support of the European Environment Agency, shall make available without delay in electronic format the tools and procedural guidance necessary for manufacturers to submit requests as referred to in point (b) to the Commission.

the procedure shall respect the right to good administration, and in particular the right to be heard and the right to have access to the file, while respecting the legitimate interests of confidentiality and of commercial secrets;

in calculating the appropriate administrative fines, the Commission shall be guided by the principles of effectiveness, proportionality and dissuasiveness, taking into consideration, where relevant, the seriousness and effects of the deviation or delay, the number of heavy-duty vehicles concerned by the deviating or delayed data, the good faith of the manufacturer, the degree of diligence and cooperation of the manufacturer, the repetition, frequency and duration of the deviation or delay, as well as any prior penalties imposed on the same manufacturer;

administrative fines shall be collected without undue delay by setting deadlines for payment and by including, as appropriate, the possibility of splitting payments of those fines into several instalments and phases.

the number of registrations of zero-emission heavy-duty vehicles in Member States;

the progress in the deployment of public and private alternative fuels recharging and refuelling infrastructure for heavy-duty vehicles covered by this Regulation, as well as the existence of infrastructural constraints in third countries on the operation of newly EU-registered heavy-duty vehicles outside the Union;

the impact on employment, especially on micro, small and medium-sized enterprises (SMEs), the effectiveness of measures to support retraining and upskilling of the workforce, and the importance of an economically viable and socially fair transition towards zero-emission road mobility; special emphasis shall be placed on the impact on peripheral Member States and on the impact on the transport of perishable goods;

whether the continuation of the exemption set out in Article 6b for manufacturers producing few vehicles is still justified;

the impact of establishing minimum energy-efficiency thresholds for new zero-emission heavy-duty vehicles placed on the Union market;

the level of the excess CO2 emissions premium, to ensure that it exceeds the average marginal costs of the technologies needed to meet the CO2 emissions reduction targets;

the inclusion of the following heavy-duty vehicles, which do not currently fall within the scope of Regulation (EU) 2017/2400, in the CO2 emissions reduction targets:

any specific constraints in complying with Article 3d(1) due to socio-economic cost benefits in view of specific territorial morphology or meteorological circumstances, as well as recent investments in biomethane already made by public authorities;

the role of a carbon correction factor in the transition towards zero-emission mobility in the heavy-duty vehicles sector;

the role of a methodology for registering heavy-duty vehicles running exclusively on CO2 neutral fuels, in conformity with Union law and with the Union climate-neutrality objective;

whether the creation of new vehicle sub-groups for EHC lorries has led to an undue increase in engine rated power;

the possibility of developing a common Union methodology for the assessment, and the consistent data reporting, of the full lifecycle CO2 emissions of new heavy-duty vehicles that are placed on the Union market;

options to consider zero-emission heavy-duty vehicles which have been retrofitted from conventional heavy-duty vehicles previously registered, for the purposes of compliance assessment under this Regulation.

in Article 2, first paragraph, the following sentence is added:

‘It shall also apply, for the purpose of Articles 5a, 5b, and 5c, to vehicles of categories O3 and O4.’;

the following Articles are inserted:

‘Article 5a

Specific requirements for manufacturers with regard to the environmental performance of vehicles of categories M2, M3, N2, N3, O3 and O4

They shall also ensure that the zero-emission driving range and electricity consumption of those vehicles are determined in accordance with the methodology referred to in point (c) of Article 5c.

Article 5b

Specific requirements for Member States with regard to the environmental performance of vehicles of categories M2, M3, N2, N3, O3 and O4

Article 5c

Measures for determining certain aspects of the environmental performance of vehicles of categories M2, M3, N2, N3, O3 and O4

By 31 December 2021, the Commission shall, by means of implementing acts, adopt the following measures:

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13a.

the following Article is added:

‘Article 13a

Committee procedure

Article 3 is replaced by the following:

‘Article 3

Definitions

For the purposes of this Regulation, the definitions set out in Directive 2007/46/EC of the European Parliament and of the Council ( *3 ), in Regulation (EC) No 595/2009 and in Regulation (EU) 2019/1242 of the European Parliament and of the Council ( *4 ) apply.

in Article 4, paragraph 1 is replaced by the following:

By 30 September each year, starting in 2020, the competent authorities of the Member States shall report those data of the previous reporting period of 1 July to 30 June to the Commission in accordance with the reporting procedure set out in Annex II.

With regard to 2019, the data reported by 30 September 2020 shall include data monitored from 1 January 2019 to 30 June 2020.

Data relating to new heavy-duty vehicles that were registered previously outside the Union shall not be monitored and reported, unless that registration was made less than three months before registration in the Union.’;

in Article 5, paragraph 1 is replaced by the following:

By 30 September each year, from the starting years set out in point 1 of Part B of Annex I, manufacturers of heavy-duty vehicles shall report those data for each new heavy-duty vehicle with a date of simulation falling within the preceding reporting period of 1 July to 30 June to the Commission in accordance with the reporting procedure set out in Annex II.

With regard to 2019, manufacturers shall report the data for each new heavy-duty vehicle with a date of simulation falling within the period 1 January 2019 to 30 June 2020.

The date of simulation shall be the date reported in accordance with data entry 71 in point 2 of Part B of Annex I.’;

in Article 10, paragraph 1 is replaced by the following:

in Annex II, point 3.2 is replaced by the following:

in Article 2, the following definition is inserted after the definition of ‘alternatively fuelled vehicle’:

Article 10b is replaced by the following:

‘Article 10b

The maximum authorised weights of alternatively fuelled or zero-emission vehicles shall be those set out in points 2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.3.1, 2.3.2 and 2.4 of Annex I.

Alternatively fuelled or zero-emission vehicles shall also comply with the maximum authorised axle weight limits set out in point 3 of Annex I.

The additional weight required by alternatively fuelled or zero-emission vehicles shall be defined on the basis of the documentation provided by the manufacturer when the vehicle in question is approved. That additional weight shall be indicated in the official proof required in accordance with Article 6.

The Commission shall be empowered to adopt delegated acts in accordance with Article 10h to update, for the purposes of this Directive, the list of alternative fuels referred to in Article 2 that require additional weight. It is of particular importance that the Commission follow its usual practice and carry out consultations with experts, including Member States’ experts, before adopting those delegated acts.’;

Annex I is amended as follows: