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Document 32024R1610

Regulation (EU) 2024/1610 of the European Parliament and of the Council of 14 May 2024 amending Regulation (EU) 2019/1242 as regards strengthening the CO2 emission performance standards for new heavy-duty vehicles and integrating reporting obligations, amending Regulation (EU) 2018/858 and repealing Regulation (EU) 2018/956Text with EEA relevance.

PE/29/2024/REV/1

OJ L, 2024/1610, 6.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1610/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Legal status of the document In force

ELI: http://data.europa.eu/eli/reg/2024/1610/oj

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Official Journal
of the European Union

EN

L series


2024/1610

6.6.2024

REGULATION (EU) 2024/1610 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 14 May 2024

amending Regulation (EU) 2019/1242 as regards strengthening the CO2 emission performance standards for new heavy-duty vehicles and integrating reporting obligations, amending Regulation (EU) 2018/858 and repealing Regulation (EU) 2018/956

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1)

Tackling climate and environment-related challenges and reaching the objectives of the Paris Agreement (3), adopted on 12 December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC), are at the core of the Commission’s communication of 11 December 2019 on the ‘European Green Deal’. The necessity and value of the European Green Deal have only grown in light of the very severe effects of the COVID-19 pandemic on the health and economic well-being of the Union’s citizens and of Russia’s war of aggression against Ukraine.

(2)

The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives which aim to achieve climate neutrality in the Union by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union’s natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, that transition affects women and men differently and has a particular impact on some disadvantaged and vulnerable groups, such as low-income households and persons, older people, persons with disabilities and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind.

(3)

Following the adoption by the European Parliament and the Council of essential elements of the ‘Fit for 55’ legislative package, as proposed by the Commission in July 2021, the Union submitted in October 2023 an updated nationally determined contribution (NDC) of the Union and its Member States to the UNFCCC, confirming that the Union will cut its net greenhouse gas emissions by at least 55 % by 2030 compared to 1990 levels.

(4)

Through the adoption of Regulation (EU) 2021/1119 of the European Parliament and of the Council (4), the Union has enshrined in a Union legislative act the objective of economy-wide climate neutrality within the Union at the latest by 2050 and the aim of achieving negative emissions thereafter. Moreover, that Regulation establishes a binding Union domestic reduction target for net greenhouse gas emissions (emissions after deduction of removals) of at least 55 % compared to 1990 levels by 2030. It also sets the framework for the establishment of intermediate Union climate targets and for the publication of the projected indicative Union greenhouse gas budget for the 2030-2050 period.

(5)

All sectors of the economy are expected to contribute to achieving those emission reductions, including the road transport sector. In its communication of 9 December 2020 on ‘Sustainable and Smart Mobility Strategy — putting European transport on track for the future’, the Commission sets out a roadmap for a sustainable and smart future for European transport, with an action plan towards the objective of delivering a 90 % reduction in emissions from the transport sector by 2050. Heavy-duty vehicles are currently responsible for more than a quarter of greenhouse gas emissions from road transport in the Union and for over 6 % of the Union’s total greenhouse gas emissions.

(6)

The ‘Fit for 55’ legislative package aims to implement the 2030 greenhouse gas emissions reduction target. It covers a range of policy areas. The revision of Regulation (EU) 2019/1242 of the European Parliament and of the Council (5) is an integral part of that legislative package.

(7)

In its communication of 18 May 2022 on the ‘REPowerEU Plan’, the Commission outlined a plan to make the Union independent from Russian fossil fuels well before the end of this decade. That communication highlights the importance, inter alia, of further increasing the efficiency of, and reducing, fossil fuel consumption in the transport sector, where electrification can be combined with the use of fossil-free hydrogen to replace fossil fuels.

(8)

In order to contribute to the reduction in net greenhouse gas emissions of at least 55 % compared to 1990 levels by 2030 and in conformity with the energy efficiency first principle, it is necessary to strengthen the CO2 emissions reduction requirements for heavy-duty vehicles set out in Regulation (EU) 2019/1242. A clear pathway also needs to be set for further emission reductions beyond 2030 for the heavy-duty vehicles sector to contribute to achieving the climate-neutrality objective by 2050.

(9)

The strengthened CO2 emissions reduction requirements should incentivise an increasing share of zero-emission heavy-duty vehicles being deployed on the Union market whilst providing benefits to users and citizens in terms of air quality and energy savings, as well as ensuring that innovation in the automotive value chain and the associated high-quality jobs can be maintained. Zero-emission heavy-duty vehicles currently include battery electric vehicles, fuel-cell and other hydrogen-powered vehicles, and technological innovation continues.

(10)

New strengthened CO2 emissions reduction targets should be set for new heavy-duty vehicles from 2030 onwards. Those targets should be set at a level that will deliver a strong signal to accelerate the uptake of zero-emission heavy-duty vehicles on the Union market, stimulate innovation in zero-emission technologies in a cost-efficient way, give the necessary signal to accelerate the deployment of charging and refuelling infrastructure across the Union, ensure the long-term competitiveness of the Union industry on a global market, and contribute to reducing the running costs for transport companies, while ensuring that the Union meets its climate objectives and its objective to alleviate air pollution.

(11)

Air pollution is a particularly acute problem in cities, affecting the health of millions of European citizens. Transport is one of the main sources of urban air pollution. The accelerated roll-out of zero-emission heavy-duty vehicles, through strengthened CO2 emissions reduction requirements, will contribute to alleviating the urban air pollution problem.

(12)

The Commission’s communication of 5 May 2021 on ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’ aims to achieve the co-creation of green and digital transition pathways in partnership with industry, public authorities, social partners and other stakeholders. In that context, a transition pathway is being developed for the mobility ecosystem to accompany the transition of the automotive value chain. The transition pathway pays particular attention to small and medium-sized enterprises in the automotive supply chain, and to the consultation, including by Member States, of social partners. It also builds on the European Skills Agenda with initiatives such as the Pact for Skills to mobilise the private sector and other stakeholders to up-skill and re-skill Europe’s workforce in view of the green and digital transitions, and builds on the Talent Booster Mechanism in the framework of the Harnessing Talents in EU regions initiative. The appropriate actions and incentives at European and national level to boost the affordability of zero-emission vehicles are also being addressed in the transition pathway. That could, for example, include the possibility for Member States to use the Social Climate Fund established by Regulation (EU) 2023/955 of the European Parliament and of the Council (6) (the ‘Social Climate Fund’) to assist micro-enterprises in purchasing zero-emission heavy-duty vehicles. Particular attention should be given to the impact that that transition will have on micro, small and medium-sized enterprises (SMEs) along the supply chain. The Commission’s communication of 1 February 2023 on ‘A Green Deal Industrial Plan for the Net-Zero Age’ aims to enhance the competitiveness of Europe’s net-zero industry and to support the fast transition to climate neutrality. That plan aims to provide a more supportive environment for the scaling up of the Union’s manufacturing capacity for the net-zero technologies and products required to meet the Union’s ambitious climate targets. Access to training and reskilling in numerous sectors that need to undergo fundamental changes, including the heavy-duty vehicles and the refuelling and recharging sectors, is crucial for a socially just and effective transition. Investments in the skills needed for an effective transition are a collective responsibility. Employees and jobseekers should have access to reskilling and upskilling opportunities, and their participation in those learning activities should be supported. Member States are encouraged to ramp up investments in reskilling and upskilling and to map out and analyse the predicted changes in the job market.

(13)

Together with initiatives to accelerate a modal shift towards more sustainable transport modes, the strengthening of the CO2 emissions reduction requirements for heavy-duty vehicles and rolling-out the necessary recharging and refuelling infrastructure will play a key role in reducing the CO2 emissions of the heavy-duty vehicles sector. The Union fleet-wide CO2 emissions reduction targets laid down in this Regulation are complemented by the recharging and refuelling infrastructure requirements set out in Regulation (EU) 2023/1804 of the European Parliament and of the Council (7). Union funding plays an important role in the infrastructure rollout at national level. The deployment of recharging infrastructure for heavy-duty electric vehicles is equally important in private locations that are not accessible to the public, such as in private depots and at logistics centres which provide overnight and destination charging. Member States should consider taking measures in the context of setting up their revised national policy frameworks to ensure that appropriate infrastructure is provided for overnight and destination charging for heavy-duty electric vehicles. It is also appropriate to consider, in view of possible infrastructural constraints in third countries, the impact of this Regulation on the possibility for new heavy-duty vehicles registered in a Member State to operate outside the Union.

(14)

In 2015, following the adoption of Directive 2014/94/EU of the European Parliament and of the Council (8), the Sustainable Transport Forum (the ‘Forum’) was set up by the Commission. The Forum assists the Commission in implementing the Union’s activities and programmes aimed at fostering the deployment of sustainable alternative fuels infrastructure. Following the adoption of this Regulation, the Commission will ensure that the Forum supports the effective and cost-efficient roll-out of the recharging and refuelling infrastructure needed to meet the strengthened CO2 emissions reduction requirements for heavy-duty vehicles, and that it informs the review referred to in Article 24(2) of Regulation (EU) 2023/1804, so that the targets set out in that Regulation are aligned with the ambition of this Regulation.

(15)

The transition to climate neutrality requires significant investment in the electricity grid, including enhanced capacity, resilience and storage, as well as additional connections. In view of the CO2 emissions reduction targets for heavy-duty vehicles for the year 2030 established under this Regulation, the share of zero-emission heavy-duty vehicles in the total fleet of heavy-duty vehicles on the roads and electricity consumption in the sector will remain limited. Therefore, the related impact on the electricity grid will remain limited as well.

(16)

While the strengthened CO2 emissions reduction targets will accelerate the uptake of zero-emission heavy-duty vehicles, a significant part of the total fleet of heavy-duty vehicles on the roads will remain internal combustion engine vehicles. For that part of the fleet to contribute to the achievement of the Union’s climate targets, further innovation and an accelerated uptake of sustainable renewable fuels is essential. Existing Union policies and legal instruments, in particular Directive (EU) 2018/2001 of the European Parliament and of the Council (9) and the EU emissions trading system established by Directive 2003/87/EC of the European Parliament and of the Council (10), will promote the decarbonisation of transport fuels, with the aim of phasing out fossil fuels. The Commission should further develop a coherent framework of incentives for advanced biofuels and biogas and renewable fuels of non-biological origin. That framework should address barriers to the uptake and supply in a comprehensive way, taking into account demand across economic sectors, in the context of the overall efforts to reach the Union’s climate targets. Building on the objectives for biomethane in the RePowerEU plan, the Commission should also address how the scale-up of the production of biomethane in the Union can contribute to the decarbonisation of the economy, including the transport sector.

(17)

Following consultation with stakeholders, the Commission will, within one year of the date of entry into force of this Regulation, assess 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’s climate-neutrality objective.

(18)

Manufacturers should continue to be provided with sufficient flexibility when adapting their heavy-duty vehicle fleets over time in order to manage the transition towards zero-emission heavy-duty vehicles in a cost-efficient manner. It is therefore appropriate to maintain the approach of strengthening target levels in five-year steps.

(19)

Due to the heterogeneous structure of the total fleet of heavy-duty vehicles, it is not possible to fully predict whether technological developments will be quick enough to ensure that zero-emission tailpipe technology is a viable choice for all niche uses. This could include heavy-duty vehicles for critical security and safety applications that cannot be fulfilled by zero-emission tailpipe technologies. Such vehicles should constitute a limited share of the total fleet of heavy-duty vehicles. In its review of Regulation (EU) 2019/1242, the Commission should assess the possibility of applying measures to reduce CO2 emissions from such vehicles.

(20)

For their public procurement procedures covered by this Regulation, contracting authorities and contracting entities are strongly encouraged to use an award criterion or a technical specification that relates to the proportion of the products of tenders originating from countries that are not parties to the World Trade Organization Agreement on Government Procurement (the ‘GPA’) and that have not concluded a free trade agreement containing rules on public procurement with the Union. Such criteria will play an important role in fostering the supply of zero-emission urban buses by the European industry, ensure sustainable and resilient supply chains for urban buses and reinforce security of supply within the Union.

(21)

Contracting authorities and contracting entities are encouraged to use an environmental sustainability criterion as an award criterion or as a technical specification for their public procurement procedures covered by this Regulation. Without prejudice to Union legislative acts applicable to a specific technology, including Regulation (EU) 2023/1542 of the European Parliament and of the Council (11) and a Regulation of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for sustainable products, when evaluating the environmental sustainability of urban buses procured on the basis of this Regulation, it should be possible for contracting authorities and contracting entities to take into account various elements with an impact on the climate and the environment. Those elements can include, for instance: the durability and reliability of the solution, the ease of repair and maintenance, the ease and quality of recycling, the use of substances, the consumption of energy, water and other resources in one or more life cycle stages of the product, the incorporation of used components, the environmental footprint of the product and its life cycle environmental impact, and the amount of waste generated.

(22)

With the stricter Union fleet-wide CO2 emissions reduction targets from 2030 onwards, manufacturers are to deploy significantly more zero-emission heavy-duty vehicles on the Union market. In that context, the incentive mechanism for zero- and low-emission heavy-duty vehicles would no longer serve its original purpose and would risk undermining the effectiveness of Regulation (EU) 2019/1242. That incentive mechanism should therefore be removed from 2030.

(23)

The possibility to assign the revenues from the excess CO2 emissions premiums to a specific fund or a relevant programme has been evaluated as required pursuant to Article 15(4) of Regulation (EU) 2019/1242, with the conclusion that doing so would significantly increase the administrative burden, without resulting in any direct benefit to the automotive sector in its transition. Revenues from the excess CO2 emissions premiums should therefore continue to be considered as revenue for the general budget of the European Union in accordance with Article 8(4) of Regulation (EU) 2019/1242.

(24)

The subject matter of Regulation (EU) 2019/1242 should be enlarged to also cover the monitoring and reporting obligations which are integrated into Regulation (EU) 2019/1242 by means of this Regulation.

(25)

Regulation (EU) 2019/1242 should be amended in order to cover the same scope as Regulation (EU) 2018/956 of the European Parliament and of the Council (12).

(26)

The CO2 emissions for vehicles that are not within the scope of the vehicle type-approval legislation of the Union, such as agricultural and forestry tractors, vehicles designed and constructed for use by national defence, including armed services, and track-laying vehicles, are not determined. Therefore, those vehicles are not required to meet the CO2 emissions reduction targets set in this Regulation.

(27)

In order not to discourage the voluntary type-approval of heavy-duty vehicles that are designed and constructed or adapted for use by civil protection services, fire services and forces responsible for maintaining public order or urgent medical care services, which would have negative safety and environmental implications, such vehicles that are voluntarily type-approved should also be exempted from the obligation to meet the CO2 emissions reduction targets set in this Regulation, unless the manufacturer requests otherwise. Member States should also be entitled to exempt heavy-duty vehicles from the obligation to meet the CO2 emissions reduction targets set in this Regulation where those heavy-duty vehicles are not specifically designed, but are registered, for use by civil protection services, fire services, forces responsible for maintaining the public order or urgent medical care services, such as normal coaches used for the transport of police or armed services, by confirming that such exemption would be in the public interest. Member States should also be entitled to exempt vehicles registered for the armed services from this Regulation in its entirety.

(28)

As for certain heavy-duty vehicle sub-groups which are type-approved, but for which CO2 emissions reductions are not determined yet for technical reasons, those heavy-duty vehicles are not required to meet the CO2 emissions reduction targets set in this Regulation. Examples of such vehicles are special purpose vehicles, such as mobile cranes, carriers of hydraulic multi-equipment or exceptional load transport vehicles, off-road vehicles, such as certain heavy-duty vehicles used for mining, forestry and agricultural purposes, as well as other heavy-duty vehicles with non-standard axle configurations such as heavy-duty vehicles with more than four axles or more than two driven axles, small buses with a technically permissible maximum laden mass (TPMLM) of less than or equal to 7,5 tonnes, and small lorries with a TPMLM of less than or equal to 5 tonnes. The Commission should investigate the appropriateness of the determination of CO2 emissions of small lorries with a TPMLM of less than or equal to 5 tonnes in accordance with Commission Regulation (EU) 2017/2400 (13) (vehicle energy consumption calculation tool simulations or VECTO simulations), taking into account Commission Regulation (EU) 2017/1151 (14).

(29)

Certain definitions should be introduced in order to harmonise the terminology of Regulation (EU) 2019/1242 with that of the vehicle type-approval legislation of the Union, in particular Regulation (EU) 2018/858 of the European Parliament and of the Council (15) and Regulation (EU) 2017/2400.

(30)

For the purposes of the transfer of heavy-duty vehicles between manufacturers, introduced by this Regulation, and of establishing an exemption for manufacturers producing few heavy-duty vehicles, a definition of the term ‘group of connected manufacturers’ should be added to Regulation (EU) 2019/1242. That definition should, in substance, follow the terminology used in Regulation (EU) 2019/631 of the European Parliament and of the Council (16) for light-duty vehicles.

(31)

As regards laying down the obligations of individual manufacturers, Union fleet-wide CO2 emissions reduction targets for new heavy-duty vehicle fleets should be translated into specific CO2 emissions targets for vehicle sub-groups determined on the basis of the technical characteristics of the heavy-duty vehicles they comprise.

(32)

Since the CO2 emissions related to trailers have a strong impact on the overall CO2 emissions and energy consumption of heavy-duty motor vehicles, CO2 emissions reduction targets should also be set for trailers.

(33)

CO2 emissions from vocational vehicles, such as refuse collection vehicles, tippers or concrete mixers, are already certified under VECTO and are monitored and reported by vehicle manufacturers and Member States. CO2 emissions from vocational vehicles represent approximately 2 % of heavy-duty vehicles CO2 emissions and approximately 4 % of sales. As they operate mostly in cities, vocational vehicles also have an impact on urban air quality. Vocational vehicles should therefore be exempted until 2029 from the calculation of average specific CO2 emissions of manufacturers. For the period 2030 to 2034, only zero-emission vocational vehicles should be accounted for that calculation. From 2035, all vocational vehicles should be accounted for that calculation.

(34)

In order to facilitate the development, and enable the widespread use, of trailers equipped with CO2 emissions reduction technology, it is imperative to promptly update and expand the approval framework for such technology, in particular for electrified trailers, by amending Regulation (EU) 2018/858.

(35)

In 2022, zero-emission urban buses already represented around a quarter of all urban buses sold in the Union, with some Member States reaching much higher shares. Due to the technical readiness of urban buses and the need to improve urban air quality, a mandatory minimum share of new zero-emission urban buses should be set.

(36)

A mandatory minimum share of zero-emission urban buses should reflect the societal need for affordable public transport, including in rural areas. The increased supply of zero-emission urban buses that result from such a mandatory minimum share should have a positive effect on purchase cost, both in terms of upfront purchase price and the total cost of ownership of zero-emission urban buses, reflecting fossil fuel savings resulting from the operation of such urban buses. Joint procurement of urban buses, building on the Clean Bus Europe Platform, can bring down the purchase cost of such buses further, and the Social Climate Fund could be used by Member States to support vulnerable citizens with reduced or free public transport tickets or subscriptions. Finally, regional and long-distance buses and coaches, including for transport in rural areas, remain subject to the CO2 emissions reduction targets for heavy-duty vehicles. Support from the Social Climate Fund could address the specific needs of rural areas and prevent transport poverty, as defined in Article 2, point (2), of Regulation (EU) 2023/955, by securing access to affordable public transport. The Commission should also consider further appropriate measures to increase the demand for zero-emission heavy-duty vehicles by public authorities, to support the achievement of the Union’s climate-neutrality objective.

(37)

As commercial, rather than legal entities, should be considered for compliance, economically connected manufacturers should, within certain limits, be allowed to transfer heavy-duty vehicles between them for the purposes of accounting those heavy-duty vehicles under Regulation (EU) 2019/1242.

(38)

Furthermore, in order to strengthen the development of new zero-emission technologies in specialised small and medium-sized companies, it should also be possible to transfer zero-emission heavy-duty vehicles between non-connected entities.

(39)

Retrofitting zero-emission vehicles consists in converting an internal combustion engine or vehicle into a zero-emission one. It has environmental benefits, which result from avoiding the production of new parts and associated material use. It also has economic benefits, associated with enhanced vehicle affordability and job-creation potential. The market uptake of heavy-duty vehicles which are retrofitted to become zero-emission heavy-duty vehicles is however hampered by the lack of harmonised technical and administrative rules for their approval. The Commission should therefore consider the need for possible initiatives to promote the development of such harmonised rules.

(40)

Measures to increase the share of zero-emission heavy-duty vehicles owned or leased by large fleet operators would help increase the sales of zero-emission heavy-duty vehicles and accelerate the transition towards zero-emission road transport. The Commission should therefore analyse the potential need and impact of initiatives to increase the share of zero-emission heavy-duty vehicles owned or leased by large fleet operators.

(41)

In order to avoid disproportionally high compliance costs and in order to reduce the administrative burden, manufacturers that produce few heavy-duty vehicles should, subject to fulfilling certain legal requirements, be exempt from the obligation to comply with CO2 emissions reduction targets. As they are still required to comply with the reporting obligations of Regulation (EU) 2019/1242, there is an appropriate control mechanism for those manufacturers.

(42)

The existing system of multi-annual emission credits and emission debts should be extended to 2039, as CO2 emissions reduction targets continue to be strengthened beyond 2030 until 2040 and require forward-looking technical developments by manufacturers during that period. Nevertheless, manufacturers should clear all remaining emission debts in the years 2029, 2034 and 2039. Emission credits should automatically expire where they have not been used within 7 years of their acquisition.

(43)

Regulation (EU) 2019/1242 should clearly stipulate, for each vehicle category, the identity of the manufacturer to which a heavy-duty vehicle should be attributed, thereby specifically taking account of the different constellations for heavy-duty vehicles of category M.

(44)

The rules on the verification of reported monitoring data should also cover the potential ex post correction of errors in such data and how the Commission should handle such corrections for implementing the Union fleet-wide CO2 emissions reduction targets.

(45)

The assessment of the reference CO2 emissions should be amended to also cover the vehicle sub-groups newly included in the scope of Regulation (EU) 2019/1242.

(46)

Monitoring and reporting by manufacturers and Member States is an essential precondition for the implementation of Regulation (EU) 2019/1242. Incorporating Regulation (EU) 2018/956 into Regulation (EU) 2019/1242 should produce synergies and allow for interpretation of the provisions that takes into account the objectives of both Regulations.

(47)

When incorporating monitoring and reporting provisions of Regulation (EU) 2018/956 into Regulation (EU) 2019/1242, the opportunity should be seized to slightly amend those provisions in light of the experience gained from the first two reporting cycles under Regulation (EU) 2018/956.

(48)

Taking account of the fact that the determination of CO2 emissions will no longer be carried out by manufacturers alone, the obligation to report CO2 emissions and other technical data of the heavy-duty vehicles should be extended beyond manufacturers to those entities which carry out that determination under Regulation (EU) 2017/2400 and Commission Implementing Regulation (EU) 2022/1362 (17). The data to be reported should comprise the manufacturer’s records file.

(49)

The Commission should be allowed to take into account technical progress, the evolution of freight transport logistics, such as especially heavy vehicle combinations used in some Member States, necessary adjustments based on the application of this Regulation and amendments of the underlying type-approval legal acts, to ensure that the data requirements and the monitoring and reporting procedure remain relevant over time for assessing the heavy-duty vehicle fleet’s contribution to CO2 emissions reduction targets, to ensure the availability of data on new and advanced CO2 emissions reducing technologies and on the results of on-road verification tests, to ensure that the air drag value ranges remain relevant for information and comparability purposes, and to supplement the provisions on administrative fines.

(50)

For those reasons, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the criteria which define vehicle sub-groups, including by adding sub-groups for extra heavy combination (EHC) lorries, and which define vocational vehicles, and the criteria for the operational ranges of different powertrain technologies, the list and weight of mission profiles, the payloads, passenger numbers, passenger masses, technically permissible maximum payloads, technically permissible maximum passenger number and cargo volumes of vehicle sub-groups and annual mileages values, amending the data requirements and the monitoring and reporting procedure laid down in the Annexes, in respect of specifying the data to be reported by the Member States for the monitoring of the results of on-road verification tests, of amending the air drag value ranges, and of defining the criteria, the calculation and the method of collection of administrative fines imposed on manufacturers. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(51)

In order to ensure uniform conditions for the implementation of Regulation (EU) 2019/1242, implementing powers should be conferred on the Commission in relation to the type-approval procedures and in relation to the common technical specifications, regarding the technical and open interoperability between the recharging and refuelling infrastructure and urban buses, in terms of physical connections and communication exchange. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (18).

(52)

Regulation (EU) 2018/956 should be repealed with transitional provisions allowing the reporting period that is ongoing at the moment of entry into force of this Regulation to be concluded under the rules applicable at the beginning of that reporting period, including all processing of the data collected. Accordingly, this Regulation should apply from the beginning of the following reporting period.

(53)

Since the objectives of this Regulation, namely to promote CO2 emissions reductions in a cost-effective and economically efficient way in a manner commensurate with the economy-wide net greenhouse gas emissions reduction target for 2030 through amended Union fleet-wide CO2 emissions reduction targets for heavy-duty vehicles, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(54)

Regulations (EU) 2018/858 and (EU) 2019/1242 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EU) 2019/1242

Regulation (EU) 2019/1242 is amended as follows:

(1)

Article 1 is replaced by the following:

‘Article 1

Subject matter and objectives

1.   This Regulation sets CO2 emissions performance standards for new heavy-duty vehicles. Those standards contribute to achieving the Union’s climate-neutrality objective and the intermediate Union climate targets, as laid down in Regulation (EU) 2021/1119 of the European Parliament and of the Council (*1), Member States’ targets of reducing their greenhouse gas emissions, as laid down in Regulation (EU) 2023/857 of the European Parliament and of the Council (*2), and the objectives of the Paris Agreement, as well as to ensuring the proper functioning of the internal market.

2.   This Regulation also lays down requirements for the reporting of CO2 emissions from, and fuel consumption of, new heavy-duty vehicles registered in the Union.

(*1)  Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (“European Climate Law”) (OJ L 243, 9.7.2021, p. 1 "

(*2)  Regulation (EU) 2023/857 of the European Parliament and of the Council of 19 April 2023 amending Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement, and Regulation (EU) 2018/1999 (OJ L 111, 26.4.2023, p. 1).’;"

(2)

Article 2 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   This Regulation shall apply to new vehicles, which have either been type-approved or approved individually under Regulation (EU) 2018/858 or which are referred to in Article 2(3) of that Regulation, and which belong to any of the following vehicle categories:

(a)

M2 and M3;

(b)

N1, N2 and N3, provided that the vehicles do not fall under Regulation (EU) 2019/631;

(c)

O3 and O4.

For the purposes of this Regulation, the vehicles referred to in points (a), (b) and (c) of the first subparagraph shall be referred to as heavy-duty vehicles. Vehicles falling under point (a) or (b) of the first subparagraph shall be referred to as heavy-duty motor vehicles.

The vehicle categories referred to in this Regulation refer to the vehicle categories as defined in Article 4 of Regulation (EU) 2018/858 and in Annex I thereto.’

;

(b)

paragraph 2 is replaced by the following:

‘2.   For the purposes of this Regulation, heavy-duty vehicles shall be considered as new heavy-duty vehicles in a given reporting period, if they are registered in the Union for the first time in that reporting period and have not been previously registered outside the Union.

A previous registration outside the Union that was made less than three months before registration in the Union shall not be taken into account.

This Regulation shall not apply to heavy-duty vehicles that are registered for the first time for a period not exceeding one month and that are registered for the sole purpose of transfer to a country outside the Union.’

;

(3)

Article 3 is amended as follows:

(a)

point (1) is replaced by the following:

‘(1)

“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;’

;

(b)

the following points are inserted:

‘(3a)

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

(3b)

“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;’

;

(c)

point (5) is replaced by the following:

‘(5)

“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;’

;

(d)

point (9) is replaced by the following:

‘(9)

“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;’

;

(e)

point (10) is replaced by the following:

‘(10)

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

;

(f)

the following point is inserted:

‘(10a)

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

;

(g)

point (11) is replaced by the following:

‘(11)

“zero-emission heavy-duty vehicle” means any of the following vehicles:

(a)

a heavy-duty motor vehicle without an internal combustion engine, or with an internal combustion engine that emits not more than 3 g CO2/(tkm) or 1 g CO2/(pkm) as determined in accordance with Article 9 of Regulation (EU) 2017/2400;

(b)

a heavy-duty motor vehicle without an internal combustion engine, or with an internal combustion engine that emits not more than 1 g/kWh of CO2 as determined in accordance with Regulation (EC) No 595/2009 and its implementing measures or not more than 1 g/km of CO2 as determined in accordance with Regulation (EC) No 715/2007 of the European Parliament and of the Council (*3) and its implementing measures, provided that no CO2 emissions have been determined pursuant to Regulation (EU) 2017/2400;

(c)

a trailer equipped with a device that actively supports its propulsion, and that has no internal combustion engine or has an internal combustion engine that emits less than 1 g CO2/kWh as determined in accordance with Regulation (EC) No 595/2009 and its implementing measures or in accordance with UNECE Regulation (EC) No 49.

(*3)  Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).’;"

(h)

point (12) is replaced by the following:

‘(12)

“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;’

;

(i)

the following points are added:

‘(16)

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

(17)

“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;

(18)

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

(19)

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

(20)

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

(21)

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

(22)

“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;

(23)

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

(24)

“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);

(25)

“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:

(a)

having three axles or more;

(b)

with an engine rated power of at least 400 kW;

(c)

designed with a technically permissible maximum laden mass (TPMLM) of the combination of more than 60 tonnes;

(*4)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65)."

(*5)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243)."

(*6)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).’;"

(j)

the following paragraphs are added:

‘For the purposes of this Regulation, “a group of connected manufacturers” means a manufacturer and its connected undertakings.

In relation to a manufacturer, “connected undertakings” means:

(a)

undertakings in which the manufacturer has, directly or indirectly:

(i)

the power to exercise more than half the voting rights;

(ii)

the power to appoint more than half the members of the supervisory board, board of management or bodies legally representing the undertaking; or

(iii)

the right to manage the undertaking’s affairs;

(b)

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

(c)

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

(d)

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);

(e)

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.’

;

(4)

the following articles are inserted:

‘Article 3a

CO2 emissions reduction targets

1.   The average CO2 emissions of the Union fleet of new heavy-duty motor vehicles, other than special purpose vehicles, off-road vehicles and off-road special purpose vehicles shall be reduced by the following percentages compared to the average CO2 emissions of the reporting period of the year 2019:

(a)

15 % for vehicle sub-groups 4-UD, 4-RD, 4-LH, 5-RD, 5-LH, 9-RD, 9-LH, 10-RD and 10-LH for the reporting periods of the years 2025 to 2029;

(b)

45 % for all vehicle sub-groups other than vocational vehicles for the reporting periods of the years 2030 to 2034;

(c)

65 % for all vehicle sub-groups for the reporting periods of the years 2035 to 2039;

(d)

90 % for all vehicle sub-groups for the reporting periods of the year 2040 onwards.

2.   The vehicle sub-groups shall contribute to the CO2 emissions reduction targets referred to in paragraph 1, in accordance with point 4.3 of Annex I.

3.   The CO2 emissions related to the Union fleet of new trailers shall be reduced in accordance with point 4.3 of Annex I.

4.   Notwithstanding Article 2(3) of Regulation (EU) 2017/2400, approved heavy-duty vehicles falling under Article 2(3), first subparagraph, point (b), of Regulation (EU) 2018/858 shall not be subject to the CO2 emissions reduction targets set out in paragraphs 1 to 3 of this Article, unless the manufacturer chooses to include those heavy-duty vehicles in the calculation of its specific CO2 emissions and targets when reporting those heavy-duty vehicles in accordance with Part B of Annex IV to this Regulation.

5.   Heavy-duty vehicles other than those referred to in paragraph 4 that are registered for use by civil protection services, fire services, forces responsible for maintaining the public order or urgent medical care services shall not be subject to the CO2 emissions reduction targets set out in paragraphs 1 to 3, provided that a Member State so indicates in the registration and reporting process, thereby confirming in the data reported in accordance with Part A of Annex IV that the purpose of the heavy-duty vehicle cannot be equally served by a zero-emission heavy-duty vehicle and it is therefore in the public interest to register a heavy-duty vehicle with a combustion engine to fulfil that purpose.

Heavy-duty vehicles registered for use by armed services shall not be subject to the requirements of this Regulation if a Member State decides not to report them in accordance with Part A of Annex IV.

Article 3b

Additional measures to support the transition to zero-emission heavy-duty vehicles on the Union market

By 30 June 2025, the Commission shall submit to the European Parliament and to the Council a report which considers the need to facilitate the uptake on the Union market of heavy-duty vehicles which are retrofitted to become zero-emission heavy-duty vehicles, including by way of harmonised rules. That report shall contain an analysis of the options and the impact of those options. Where appropriate, the analysis shall be accompanied by a legislative initiative or other action.

Article 3c

Additional measures to support the demand for zero-emission heavy-duty vehicles on the Union market

By 30 June 2027, the Commission shall submit to the European Parliament and to the Council a report which contains an analysis of the potential need for and impact of initiatives to increase the share of zero-emission heavy-duty motor vehicles owned or leased by large fleet operators. In that report, the Commission shall consider possible options to increase the deployment of zero-emission heavy-duty vehicles owned or leased by large fleet operators.

Article 3d

Zero-emission heavy-duty vehicle target for urban buses

1.   For heavy-duty vehicles referred to in the fourth column of the table in point 4.2 of Annex I (“urban buses”), manufacturers shall comply with the 90 % and 100 % minimum shares of zero-emission heavy-duty vehicles in their fleet of new heavy-duty vehicles in accordance with point 4.3.2 of Annex I.

2.   The Commission shall specify, by means of implementing acts, the common technical specifications, including standards, regarding the technical and open interoperability between the recharging and refuelling infrastructure and urban buses, in terms of physical connections and communication exchange.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).

3.   The Commission is empowered to adopt delegated acts in accordance with Article 17 to supplement this Regulation by laying down common technical specifications, including standards, regarding the safe and secure sharing and use of the data generated in relation to the use of urban buses.

Article 3e

Ensuring sustainable and resilient supply chains for urban buses through public procurement procedures

1.   Contracting authorities and contracting entities shall base the award of public supply contracts for the purchase, lease, rent or hire-purchase of new zero-emission urban buses, as well as of public service contracts having as their main subject matter the use of such urban buses, on the most economically advantageous tender which shall include the best price-quality ratio.

2.   Contracting authorities and contracting entities shall use at least two of the following criteria as technical specifications or as award criteria, at least one of which shall relate to the tender’s contribution to the security of supply as set out in points (a) to (d), depending on the market situation and in compliance with Directive 2014/23/EU, 2014/24/EU or 2014/25/EU, and applicable sectoral legislation, as well as with the Union’s international commitments, including the World Trade Organization Agreement on Government Procurement (the “GPA”) and other international agreements by which the Union is bound:

(a)

the proportion of the products of tenders originating in third countries, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council (*7); that criterion shall only apply to products of tenders originating in countries that are not parties to the GPA and that have not concluded a free trade agreement, including rules on public procurement, with the Union;

(b)

the current and estimated availability of essential spare parts for the functioning of the equipment that is the subject of the tender;

(c)

a commitment by the tenderer that possible changes in its supply chain during the execution of the contract will not adversely affect the execution of the contract;

(d)

certification or documentation demonstrating that the organisation of the tenderer’s supply chain allows it to comply with the security of supply requirement;

(e)

environmental sustainability going beyond the minimum requirements provided for in applicable Union legal acts.

The first subparagraph shall not preclude contracting authorities and contracting entities from using additional criteria.

3.   If the tender’s contribution to security of supply is used as an award criterion, it shall be given a weighting of between 15 to 40 % of the award criteria.

(*7)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).’;"

(5)

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

‘Starting from 1 July 2020, and in each subsequent reporting period, the Commission shall determine for each manufacturer the average specific CO2 emissions in g/tkm for the preceding reporting period, by taking the following into account:

(a)

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

(b)

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

(c)

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.’

;

(6)

Article 5 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Starting from 1 July 2020 and for each subsequent reporting period until the reporting period of the year 2029, the Commission shall determine for each manufacturer the zero- and low-emission factor for the preceding reporting period.

The zero- and low-emission factor shall take into account the number and the CO2 emissions of all zero- and low-emission heavy-duty vehicles of category N in the manufacturer’s fleet.’

;

(b)

paragraph 3 is replaced by the following:

‘3.   For the reporting periods from 2025 to 2029, the zero- and low-emission factor shall be determined on the basis of a 2 % benchmark in accordance with point 2.3.2 of Annex I.’

;

(c)

paragraph 4 is replaced by the following:

‘4.   The zero- and low-emission factor shall reduce the average specific CO2 emissions of a manufacturer by a maximum of 3 %. The contribution to that factor of the zero-emission heavy-duty vehicles of category N, other than those in vehicle sub-groups 4-UD, 4-RD, 4-LH, 5-RD, 5-LH, 9-RD, 9-LH, 10-RD or 10-LH, shall reduce the average specific CO2 emissions of a manufacturer by a maximum of 1,5 %.’

;

(7)

Article 6 is replaced by the following:

‘Article 6

Specific CO2 emissions targets of a manufacturer

For the reporting period of the year 2025 and for each subsequent reporting period, the Commission shall determine for each manufacturer a specific CO2 emissions target for the preceding reporting period. That target shall be determined in accordance with point 4.1 of Annex I.’

;

(8)

the following articles are inserted:

‘Article 6a

Transfer of heavy-duty vehicles between manufacturers

1.   For the purpose of calculating the average specific CO2 emissions of manufacturers in accordance with Article 4 and point 2.2 of Annex I, individual heavy-duty vehicles may be transferred between manufacturers, provided the following conditions are fulfilled:

(a)

for all transfers: the request is jointly submitted by the transferring and the receiving manufacturer;

(b)

for the transfer of heavy-duty vehicles other than zero-emission heavy-duty vehicles: the transferring and the receiving manufacturer belong to a group of connected manufacturers;

(c)

for the transfer of zero-emission heavy-duty vehicles between manufacturers not belonging to a group of connected manufacturers: the number of zero-emission heavy-duty vehicles transferred to a manufacturer does not exceed 5 % of all its new heavy-duty vehicles registered in a given reporting period.

The manufacturers shall submit the transfer requests to the Commission using the electronic tools provided by the Commission.

2.   Where the Commission considers that the conditions for a transfer are fulfilled, it shall not take the transferred heavy-duty vehicle into account for the calculation of relevant values for the transferring manufacturer, but shall take it into account for the calculation of relevant values for the receiving manufacturer.

Article 6b

Exemption for manufacturers producing few heavy-duty vehicles

1.   If a manufacturer registers fewer than 100 new heavy-duty vehicles in a given reporting period, the average specific CO2 emissions as provided for in Article 4 and in point 2.7 of Annex I and the specific CO2 emissions targets as provided for in Article 6 and in point 4.1 of Annex I shall be set at “0” for that reporting period.

2.   Where paragraph 1 of this Article applies, the values of the average specific CO2 emissions and of the specific CO2 emissions targets shall not be included in the publication of data under Article 11 for the manufacturers and reporting periods concerned.

3.   The exemption laid down in paragraph 1 shall not apply in a given reporting period in any of the following cases:

(a)

if the manufacturer so requests;

(b)

if the manufacturer requests a transfer of heavy-duty vehicles in accordance with Article 6a;

(c)

if the manufacturer is part of a group of connected manufacturers that collectively registered more than 100 heavy-duty vehicles in that reporting period or is part of a group of connected manufacturers that includes a manufacturer to which point (a) or (b) applies.

4.   Manufacturers which are not part of a group within the meaning of paragraph 3, point (c), shall inform the Commission if they registered fewer than 100 heavy-duty vehicles in a given reporting period.

5.   Manufacturers to which the exemption laid down in paragraph 1 does not apply shall inform the Commission in each reporting period about all their connected undertakings to which the exemption applies.

6.   Manufacturers shall inform the Commission for the purposes of paragraphs 4 and 5 by using the electronic tools provided by the Commission.’

;

(9)

Article 7 is amended as follows:

(a)

in paragraph 1, first subparagraph, the introductory wording is replaced by the following:

‘For the purpose of determining a manufacturer’s compliance with its specific CO2 emissions targets in the reporting periods of the years 2025 to 2039, account shall be taken of its emission credits or emission debts determined in accordance with point 5 of Annex I, which correspond to the number of new heavy-duty vehicles of the manufacturer in a reporting period, multiplied by:’

;

(b)

in paragraph 1, second subparagraph, ‘2029’ is replaced by ‘2039’;

(c)

in paragraph 1, the third subparagraph is replaced by the following:

‘Emission debts shall be acquired in the reporting periods of the years 2025 to 2039. However, the total emission debt of a manufacturer shall not exceed 5 % of the manufacturer’s specific CO2 emissions target multiplied by the number of heavy-duty vehicles of the manufacturer in that period (“emission debt limit”).’

;

(d)

in paragraph 1, the fourth subparagraph is replaced by the following:

‘Emission credits and emission debts acquired in the reporting periods of the years 2025 to 2039 shall, where applicable, be carried over from one reporting period to the next reporting period. However, any remaining emission debts shall be cleared in the reporting periods of the years 2029, 2034 and 2039. Emission credits shall be taken into account for the purpose of determining the manufacturer’s compliance with its specific CO2 emissions target only in any of the reporting periods of the 7 years that follow the reporting period during which they have been acquired.’

;

(e)

paragraph 2 is replaced by the following:

‘2.   The CO2 emissions reduction trajectories shall be set for each manufacturer in accordance with point 5.1.2 of Annex I, based on the following linear trajectories:

(a)

between the reference CO2 emissions and the CO2 emissions target for the reporting period of the year 2025 or 2030 as specified in Article 3a(1), points (a) and (b);

(b)

between the CO2 emissions target for the reporting period of the year 2025 and the CO2 emissions target for the reporting period of the year 2030 as specified in Article 3a(1), point (b);

(c)

between the CO2 emissions target for the reporting period of the year 2030 and the CO2 emissions target for the reporting period of the year 2035 as specified in Article 3a(1), point (c); and

(d)

between the CO2 emissions target for the reporting period of the year 2035 and the CO2 emissions target for the reporting period of the year 2040 as specified in Article 3a(1), point (d).’

;

(10)

the following articles are inserted:

‘Article 7a

Attribution of heavy-duty vehicles to a manufacturer

When calculating the average specific CO2 emissions referred to in Article 4 and the specific CO2 emissions targets referred to in Article 6, the heavy-duty vehicles registered in a given reporting period shall be attributed to the following manufacturers:

(a)

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

(b)

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

(c)

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).

Article 7b

Calculation of average specific CO2 emissions of heavy-duty vehicles of category M

For heavy-duty vehicles of category M, the following shall apply:

(a)

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;

(b)

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;

(c)

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;

(d)

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.

(*8)  Commission Implementing Regulation (EU) 2022/1362 of 1 August 2022 implementing Regulation (EC) No 595/2009 of the European Parliament and of the Council as regards the performance of heavy-duty trailers with regard to their influence on the CO2 emissions, fuel consumption, energy consumption and zero emission driving range of motor vehicles and amending Implementing Regulation (EU) 2020/683 (OJ L 205, 5.8.2022, p. 145).’;"

(11)

Article 8 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Where a manufacturer is found, pursuant to paragraph 2, to have excess CO2 emissions in a given reporting period from 2025 onwards, the Commission shall impose an excess CO2 emissions premium, calculated in accordance with the following formula: (excess CO2 emissions premium) = (excess CO2 emissions × 4 250 EUR/gCO2/tkm).’

;

(b)

paragraph 2 is replaced by the following:

‘2.   A manufacturer shall be deemed to have excess CO2 emissions in any of the following cases:

(a)

where, in any of the reporting periods of the years 2025 to 2028, 2030 to 2033 or 2035 to 2038, the sum of the emission debts reduced by the sum of the emission credits exceeds the emission debt limit referred to in Article 7(1), third subparagraph;

(b)

where, in the reporting periods of the years 2029, 2034, 2039 and 2040, the sum of the emission debts reduced by the sum of the emission credits is positive;

(c)

where, from the reporting period of the year 2041 onwards, the manufacturer’s average specific CO2 emissions exceed its specific CO2 emissions target.

The excess CO2 emissions in a given reporting period shall be calculated in accordance with point 6 of Annex I.’

;

(12)

Article 9 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Type-approval authorities and manufacturers shall, without delay, report to the Commission any of the following deviations from the data reported:

(a)

where the CO2 emission values of heavy-duty vehicles in service as a result of verifications performed in accordance with the procedure referred to in Article 13 of this Regulation deviate from the values that are indicated in certificates of conformity or in the customer information file referred to in Article 9(4) of Regulation (EU) 2017/2400;

(b)

where errors, due to incorrect input data or other causes, in the execution of the CO2 emissions determination were identified;

(c)

where errors in the execution of the CO2 emissions monitoring and reporting were identified;

(d)

any deviations other than those referred to in point (a), (b) or (c).’

;

(b)

paragraph 2 is replaced by the following:

‘2.   The Commission shall take the deviations referred to in paragraph 1 into account for the purpose of calculating the average specific CO2 emissions of a manufacturer and the reference CO2 emissions. The Commission shall, where appropriate, amend the list referred to in Article 11(1). The Commission shall not be obliged to take deviations into account if the recalculation of the average specific CO2 emissions of a manufacturer or the reference CO2 emissions results in a deviation of less than 0,1 %.’

;

(13)

Article 10 is replaced by the following:

‘Article 10

Assessment of reference CO2 emissions

1.   In order to ensure the robustness and representativeness of the reference CO2 emissions of vehicle sub-groups to which a reporting period of the year 2024 or later year applies as the reference period according to point 3.2 of Annex I, the Commission shall assess the application of the conditions under which the reference CO2 emissions have been determined and determine whether those emissions have been unduly increased and, if so, how they are to be corrected.

2.   If the Commission concludes that all or some of the reference CO2 emissions are to be corrected, it shall adopt an implementing act to carry out those corrections, in accordance with the examination procedure referred to in Article 16(2).’

;

(14)

Article 11 is amended as follows:

(a)

in paragraph 1, first subparagraph, point (d) is replaced by the following:

‘(d)

from 1 July 2020 until 30 June 2041, for each manufacturer, its CO2 emissions reduction trajectory, its emission credits and, from 1 July 2026 until 30 June 2041, its emission debts in the preceding reporting period, as referred to in Article 7;’

;

(b)

in paragraph 1, first subparagraph, point (e) is replaced by the following:

‘(e)

from 1 July 2026, for each manufacturer, its excess CO2 emissions in the preceding reporting period, as referred to in Article 8(2);’

;

(c)

in paragraph 1, the second subparagraph is replaced by the following:

‘The list to be published by 30 April of the year following a year in which a reference period has ended shall include the reference CO2 emissions determined in respect of that reference period.’

;

(d)

paragraph 2 is replaced by the following:

‘2.   The Commission shall adopt implementing acts to amend the list set out in paragraph 1 where:

(a)

the type-approval procedures referred to in Regulation (EC) No 595/2009 are amended, other than amendments related to the payload and passenger number values used for the determination of CO2 emissions, in such a way that the level of the CO2 emissions of the representative heavy-duty vehicles specified pursuant to paragraph 3 increase or decrease by more than 5 g CO2/km; in such cases the adjusted reference emissions shall be calculated in accordance with point 1 of Annex II and new values shall be published as a complement to previous values, indicating the reporting period when they apply the first time;

(b)

the Annexes have been amended in accordance with Article 14 (1), points (a) to (f); in such cases previously published reference CO2 emissions shall be recalculated in accordance with Annex I, taking into account the parameters amended in accordance with Article 14(1), points (a) to (f), and the recalculated set of reference CO2 emissions shall be published and shall replace the previous reference emissions as from the reporting period in which the parameters amended in accordance with Article 14(1), points (a) to (f), apply for the first time.’

;

(e)

the following paragraph is added:

‘3.   Where the type-approval procedures referred to in Regulation (EC) No 595/2009 are amended as referred to in paragraph 2, point (a), of this Article, the implementing acts referred to in paragraph 2 of this Article shall either specify or establish a methodology for defining one or more representative vehicles of a vehicle sub-group, including their statistical weightings and the payload and passenger number values to be used for the determination of CO2 emissions. That methodology shall be the basis for the calculation of the adjustment referred to in paragraph 2, point (a)(i), of this Article, taking into account the monitoring data reported pursuant to this Regulation and the technical characteristics referred to in Article 12(1) of Regulation (EU) 2017/2400. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 16(2) of this Regulation.’

;

(15)

in Article 13, paragraph 3 is replaced by the following:

‘3.   Where a lack of correspondence of CO2 emission and fuel consumption values which cannot be attributed to a malfunctioning of the simulation tool, or the presence of any strategies artificially improving a vehicle’s performance, is found as a result of the verifications performed pursuant to paragraph 2, the responsible type-approval authority shall, in addition to taking the necessary measures set out in Chapter XI of Regulation (EU) 2018/858, ensure that the customer information files, the certificates of conformity and the individual approval certificates are corrected, as the case may be. Where the data in the customer information files, the certificates of conformity and the individual approval certificates cannot be corrected under Regulation (EU) 2018/858, the responsible type-approval authority shall issue a statement of correction with the corrected data. It shall transmit that statement to the Commission and the parties concerned.’

;

(16)

the following articles are inserted:

‘Article 13a

Monitoring and reporting by Member States

1.   Starting from the reporting period of the year 2023, Member States shall monitor the data specified in Part A of Annex IV relating to new heavy-duty vehicles registered for the first time in the Union.

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

2.   The competent authorities responsible for monitoring and reporting data in accordance with this Regulation shall be those designated by the Member States in accordance with Article 7(6) of Regulation (EU) 2019/631.

3.   Heavy-duty vehicles designed and constructed or adapted for use by civil protection services, fire services or forces responsible for maintaining public order shall be subject to this Article.

4.   Heavy-duty vehicles registered for use by civil protection services, fire services, forces responsible for maintaining public order or urgent medical care services shall be subject to this Article, irrespective of whether they are exempted from Article 3a.

Article 13b

Reporting by manufacturers or other entities responsible for the determination of the CO2 emissions of a heavy-duty vehicle

1.   Manufacturers or other entities that are responsible for the determination of the CO2 emissions of a heavy-duty vehicle and are subject to Article 9 of Regulation (EU) 2017/2400 or Article 8 of Implementing Regulation (EU) 2022/1362 shall report the data for new heavy-duty vehicles in accordance with Part B of Annex IV to this Regulation.

By 30 September of each year, they shall report those data to the Commission for each new heavy-duty vehicle with a date of determination, or of assessment, falling within the reporting period ending on 30 June in accordance with the reporting procedure set out in Annex V.

This paragraph shall not apply to heavy-duty vehicles that are exempted pursuant to Article 6b.

2.   Each manufacturer or other entity within the meaning of paragraph 1 shall appoint a contact point for the purpose of reporting data in accordance with this Regulation.

3.   The reporting obligations under Article 13a(3) and (4) shall apply to manufacturers and other entities within the meaning of paragraph 1 of this Article.

Article 13c

Central register for data on heavy-duty vehicles

1.   The Commission shall keep a central register for the data on heavy-duty vehicles (“the central register”) reported pursuant to Articles 13a and 13b.

The central register shall be publicly available with the exception of data entries listed in point 3.2 of Annex V.

The air drag value shall be made publicly available in a range format as set out in Part C of Annex IV.

2.   The European Environment Agency shall manage the central register on behalf of the Commission.

Article 13d

Monitoring of the results of on-road verification tests

1.   The Commission shall 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.   The Commission is empowered to adopt delegated acts in accordance with Article 17 in order to supplement this Regulation by specifying the data to be reported by the competent authorities of the Member States for the purposes of paragraph 1 of this Article.

Article 13e

Data quality

1.   The competent authorities and manufacturers shall be responsible for the correctness and quality of the data they report pursuant to Articles 13a and 13b. They shall inform the Commission without delay of any errors detected in the data reported.

2.   The Commission shall carry out its own verification of the quality of the data reported pursuant to Articles 13a and 13b.

3.   Where the Commission is informed of errors in the data reported pursuant to paragraph 1, or finds, after its own verification pursuant to paragraph 2, discrepancies in the dataset, it shall, where appropriate, take the necessary measures to correct the data published in the central register.

4.   The Commission may, by means of implementing acts, determine the verification and correction measures referred to in paragraphs 2 and 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16.

Article 13f

Administrative fines

1.   The Commission may impose an administrative fine in each of the following cases:

(a)

where it finds that the data reported by the manufacturer pursuant to Article 13b of this Regulation deviate from the data resulting from the manufacturer’s records file or the engine type-approval certificate issued within the framework of Regulation (EC) No 595/2009, and the deviation is intentional or due to serious negligence;

(b)

where the data are not submitted within the deadline referred to in Article 13b(1), second subparagraph, and the delay cannot be duly justified.

The Commission shall, for the purposes of verifying the data referred to in point (a), consult with the relevant type-approval authorities.

The administrative fines shall be effective, proportionate and dissuasive and shall not exceed EUR 30 000 for each heavy-duty vehicle concerned by deviating or delayed data as referred to in points (a) and (b).

2.   The Commission shall adopt delegated acts in accordance with Article 17 to supplement this Regulation by laying down the procedure and methods for the calculation and collection of the administrative fines referred to in paragraph 1 of this Article.

Those delegated acts shall respect the following principles:

(a)

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;

(b)

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;

(c)

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.

3.   The amounts of the administrative fines shall be considered as revenue for the general budget of the European Union.’

;

(17)

Article 14 is replaced by the following:

‘Article 14

Amendments to Annexes I, IV and V

1.   The Commission is empowered to adopt delegated acts in accordance with Article 17 of this Regulation with a view to amending the following elements in Annex I to this Regulation to take into account technical progress, the evolution of freight transport logistics, necessary adjustments based on the application of this Regulation and amendments of the underlying type-approval legal acts, in particular Regulations (EU) 2018/858 and (EC) No 595/2009:

(a)

the criteria defining vehicle sub-groups set out in point 1.1, including by adding separate vehicle sub-groups for EHC lorries;

(b)

the criteria defining vocational vehicles set out in point 1.2;

(c)

the criteria for the operational ranges of different powertrain technologies set out in point 1.3;

(d)

the list of mission profiles set out in point 1.4;

(e)

the weight of mission profiles set out in points 2.1.1, 2.1.2 and 2.1.3;

(f)

the payloads, passenger numbers, passenger masses, technically permissible maximum payloads, technically permissible maximum passenger number and cargo volumes of vehicle sub-groups set out in point 2.5;

(g)

the annual mileage values set out in points 2.6.1, 2.6.2 and 2.6.3.

2.   The Commission is empowered to adopt delegated acts in accordance with Article 17 with a view to amending the following elements in Annex IV:

(a)

the data requirements specified in Parts A and B, to take into account technical progress, necessary adjustments based on the application of this Regulation and amendments of the underlying type-approval legal acts, in particular Regulations (EU) 2018/858 and (EC) No 595/2009;

(b)

updating or adjusting the air drag value ranges set out in Part C, to take into account changes in the design of heavy-duty vehicles and to ensure that those ranges remain relevant for information and comparability purposes.

3.   The Commission is empowered to adopt delegated acts in accordance with Article 17 with a view to amending the following elements in Annex V:

(a)

the reporting procedure set out therein, to take into account experience gained from the application of this Regulation and to adapt the reporting procedure to technical progress;

(b)

point 3.2, by adding any data entries that have been added to the central register.’

;

(18)

Article 15 is replaced by the following:

‘Article 15

Review

1.   By 31 December 2027, the Commission shall review the effectiveness and impact of this Regulation, in particular as regards the objective of climate neutrality at the latest by 2050, and submit a report to the European Parliament and to the Council with the results of that review.

In that report, the Commission shall particularly assess:

(a)

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

(b)

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;

(c)

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;

(d)

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

(e)

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

(f)

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;

(g)

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:

(i)

small lorries with a TPMLM less or equal to 5 tonnes, following an investigation of the appropriateness of the determination of CO2 emissions for such heavy-duty vehicles, in accordance with Regulation (EU) 2017/2400 (VECTO simulations), taking into account Regulation (EU) 2017/1151; and

(ii)

special purpose vehicles, off-road vehicles and off-road special purpose vehicles;

(h)

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;

(i)

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

(j)

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;

(k)

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

(l)

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;

(m)

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.

That report shall, where appropriate, be accompanied by a legislative proposal to amend this Regulation.

2.   The Commission shall assess the role of sustainable renewable fuels in the transition towards climate neutrality, including in the heavy-duty vehicles sector. Separately from the review referred to in paragraph 1, and as part of a broader strategy for the deployment of such fuels, the Commission shall by 31 December 2025 present a report to the European Parliament and to the Council with a comprehensive analysis of the need to further incentivise the uptake of advanced biofuels and biogas and renewable fuels of non-biological origin in the heavy-duty vehicles sector and the appropriate framework of measures, including financial incentives, to achieve that deployment. Based on that analysis, the Commission shall, where appropriate, make additional legislative proposals or shall make recommendations to the Member States.’

;

(19)

Article 17 is amended as follows:

(a)

in paragraph 2, the first sentence is replaced by the following:

‘The power to adopt delegated acts referred to in Article 3d(3), Article 13(4), second subparagraph, Article 13d(2), Article 13f(2) and Article 14(1), (2) and (3) shall be conferred on the Commission for a period of five years from 26 June 2024.’

;

(b)

in paragraph 3, the first sentence is replaced by the following:

‘The delegation of power referred to in Article 3d(3), Article 13(4), second subparagraph, Article 13d(2), Article 13f(2) and Article 14(1), (2) and (3) may be revoked at any time by the European Parliament or by the Council.’

;

(c)

in paragraph 6, the first sentence is replaced by the following:

‘A delegated act adopted pursuant to Article 3d(3), Article 13(4), second subparagraph, Article 13d(2), Article 13f(2) and Article 14(1), (2) and (3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object.’

;

(20)

Annexes I and II to Regulation (EU) 2019/1242 are replaced by the text set out in Annex I to this Regulation;

(21)

the text set out in Annex II to this Regulation is added as Annexes III, IV, V and VI to Regulation (EU) 2019/1242.

Article 2

Amendments to Regulation (EU) 2018/858

Regulation (EU) 2018/858 is amended as follows:

(1)

Article 3 is amended as follows:

(a)

point (33) is replaced by the following:

‘(33)

“semi-trailer” means a trailer in which the axle, or axles are positioned behind the centre of gravity of the vehicle (when uniformly loaded), and which is equipped with a connecting device permitting horizontal and vertical forces to be transmitted to the towing vehicle;’

;

(b)

the following point is added:

‘(59)

“e-trailer” means any kind of trailer that is able to contribute to the propulsion of the vehicle combination by using its own electric powertrain and which is not able to be used on public roads without being actively towed by a motor vehicle.’

;

(2)

in Annex I, Part B, point 6.1.1(d), the following sub-point is added:

‘(iii)

the design and construction of the essential constituent elements forming the propulsion and energy storage system in the case of e-trailers;’.

Article 3

Repeal of Regulation (EU) 2018/956

Regulation (EU) 2018/956 is repealed with effect from 1 July 2024.

References to Regulation (EU) 2018/956 shall be construed as references to Regulation (EU) 2019/1242 and shall be read in accordance with the correlation table set out in Annex VI to Regulation (EU) 2019/1242, as included in Annex II to this Regulation.

Article 4

Transitional provisions

Notwithstanding Article 3, in respect of reporting periods prior to 1 July 2024, Regulation (EU) 2019/1242 as applicable on 30 June 2024 and Regulation (EU) 2018/956 as applicable on 30 June 2024 shall continue to apply.

Article 5

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.

It shall apply from 1 July 2024.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 May 2024.

For the European Parliament

The President

R. METSOLA

For the Council

The President

H. LAHBIB


(1)   OJ C 349, 29.9.2023, p. 134.

(2)  Position of the European Parliament of 10 April 2024 (not yet published in the Official Journal) and decision of the Council of 7 May 2024.

(3)   OJ L 282, 19.10.2016, p. 4.

(4)  Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

(5)  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 (OJ L 198, 25.7.2019, p. 202).

(6)  Regulation (EU) 2023/955 of the European Parliament and of the Council of 10 May 2023 establishing a Social Climate Fund and amending Regulation (EU) 2021/1060 (OJ L 130, 16.5.2023, p. 1).

(7)  Regulation (EU) 2023/1804 of the European Parliament and of the Council of 13 September 2023 on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU (OJ L 234, 22.9.2023, p. 1).

(8)  Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).

(9)  Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

(10)  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

(11)  Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC (OJ L 191, 28.7.2023, p. 1).

(12)  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 (OJ L 173, 9.7.2018, p. 1).

(13)  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).

(14)  Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).

(15)  Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).

(16)  Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).

(17)  Commission Implementing Regulation (EU) 2022/1362 of 1 August 2022 implementing Regulation (EC) No 595/2009 of the European Parliament and of the Council as regards the performance of heavy-duty trailers with regard to their influence on the CO2 emissions, fuel consumption, energy consumption and zero emission driving range of motor vehicles and amending Implementing Regulation (EU) 2020/683 (OJ L 205, 5.8.2022, p. 145).

(18)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).


ANNEX I

Annexes I and II to Regulation (EU) 2019/1242 are amended as follows:

(1)

Annex I is replaced by the following:

‘ANNEX I

Average specific CO2 emissions, specific CO2 emissions targets and excess CO2 emissions

1.   Vehicle sub-groups

1.1.   For the purposes of this Regulation, a vehicle sub-group sg is defined for each new heavy-duty vehicle.

1.1.1.

For heavy-duty vehicles of category N, the vehicle sub-group sg is defined as follows:

Vehicle group pursuant to Annex I to Regulation (EU) 2017/2400

Cab type

Engine power

Operational range (OR)

Vehicle sub-group (sg) attributed for the purposes of this Regulation (*1)

Vehicles other than vocational vehicles

Vocational vehicles

53 and zero-emission heavy-duty vehicles in 51

All

53

53v

54 and zero-emission heavy-duty vehicles in 52

All

54

1s

All

1s

1sv

1

All

1

1v

2

All

2

2v

3

All

3

3v

4

All

<170 kW

All

4-UD

4v

Day cab

≥170 kW

All

4-RD

Sleeper cab

≥170 kW and <265 kW

Sleeper cab

≥265 kW

<350 km

Sleeper cab

≥265 kW

≥350 km

4-LH

9

Day cab

All

All

9-RD

9v

Sleeper cab

All

<350 km

Sleeper cab

All

≥350 km

9-LH

5

Day cab

All

All

5-RD

5v

Sleeper cab

<265 kW

Sleeper cab

≥265 kW

<350 km

Sleeper cab

≥265 kW

≥350 km

5-LH

10

Day cab

All

All

10-RD

10v

Sleeper cab

All

<350 km

Sleeper cab

All

≥350 km

10-LH

11

All

11

11v

12

All

12

12v

16

All

16

16v

Zero-emission vocational vehicle in vehicle sub-group

Attributed to vehicle sub-group

53v

53

1sv

1s

1v

1

2v

2

3v

3

4v

4-UD

5v

5-RD

9v

9-RD

10v

10-RD

11v

11

12v

12

16v

16

“Sleeper cab” means a type of cab that has a compartment behind the driver’s seat intended to be used for sleeping as reported pursuant to Articles 13a and 13b.

“Day cab” means a type of cab that is not a sleeper cab.

Where a new heavy-duty vehicle is attributed to vehicle sub-group 4-UD, but data on the CO2 emissions in g/km are not available for the UDL or UDR mission profiles as defined in point 1.4, the new heavy-duty vehicle shall be attributed to vehicle sub-group 4-RD.

“Operational range” means the distance a heavy-duty vehicle can travel under long haul transport conditions without being re-charged or re-filled, as provided for in point 1.3.

1.1.2.

For heavy-duty vehicles of category M, the vehicle sub-group sg is defined as follows:

Vehicle group pursuant to Annex I to Regulation (EU) 2017/2400

Vehicle sub-group (sg) attributed for the purposes of this Regulation

31a, 31d

31-LF

31b1

31-L1

31b2

31-L2

31c, 31e

31-DD

32a, 32b

32-C2

32c, 32d

32-C3

32e, 32f

32-DD

33a, 33d, 37a, 37d

33-LF

33b1, 37b1

33-L1

33b2, 37b2

33-L2

33c, 33e, 37c, 37e

33-DD

34a, 34b, 36a, 36b, 38a, 38b, 40a, 40b

34-C2

34c, 34d, 36c, 36d, 38c, 38d, 40c, 40d

34-C3

34e, 34f, 36e, 36f, 38e, 38f, 40e, 40f

34-DD

35a, 35b1, 35b2, 35c

35-FE

39a, 39b1, 39b2, 39c

39-FE

1.1.3.

For heavy-duty vehicles of category O, the vehicle sub-group sg is defined as follows:

Vehicle groups defined in Annex I to Implementing Regulation (EU) 2022/1362

Vehicle sub-group (sg) attributed for the purposes of this Regulation

All groups provided for in Table 1 with one, two or three axles

Same as provided in the column “vehicle group” of the tables in Annex I to Implementing Regulation (EU) 2022/1362.

All groups provided in Table 4 with two or three axles

All groups provided for in Table 6

1.2.

Vocational vehicles are defined by the following criteria:

Vehicle category

Chassis configuration

Criteria for vocational vehicles

N

Rigid

One of the following digits, as listed in Appendix 2 of Annex I to Regulation (EU) 2018/858, is used to supplement the code for bodywork indicated in entry 38 of the certificate of conformity:

09, 10, 15, 16, 18, 19, 20, 23, 24, 25, 26, 27, 28 or 31;

Tractor

Maximum speed not exceeding 79 km/h

1.3.

Operational ranges for the purposes of this Regulation are set as follows:

Powertrain technology

Operational range (OR)

Heavy-duty vehicles drawing energy for the purpose of mechanical propulsion only from an electrical energy or power storage device

OR = actual charge depleting range as provided for by point 2.4.1 of Part I of Annex IV to Regulation (EU) 2017/2400 for the LHR mission profile

Other technologies

OR>350 km

1.4.   Definitions of mission profiles

RDL

Regional delivery payload low

RDR

Regional delivery payload representative

LHL

Long-haul payload low

LHR

Long-haul payload representative

UDL

Urban delivery payload low

UDR

Urban delivery payload representative

REL

Regional delivery (EMS) payload low

RER

Regional delivery (EMS) payload representative

LEL

Long haul (EMS) payload low

LER

Long haul (EMS) payload representative

MUL

Municipal utility payload low

MUR

Municipal utility payload representative

COL

Construction payload low

COR

Construction payload representative

HPL

Heavy urban, passenger transport, low load

HPR

Heavy urban, passenger transport, representative load

UPL

Urban, passenger transport, low load

UPR

Urban, passenger transport, representative load

SPL

Sub-urban, passenger transport, low load

SPR

Sub-urban, passenger transport, representative load

IPL

Inter-urban, passenger transport, low load

IPR

Inter-urban, passenger transport, representative load

CPL

Coach, passenger transport, low load

CPR

Coach, passenger transport, representative load

2.   Calculation of the average specific CO2 emissions of a manufacturer

2.1.   Calculation of the specific CO2 emissions of a new heavy-duty vehicle

The specific CO2 emissions in g/km of a new heavy-duty vehicle v attributed to a vehicle sub-group sg or of its primary vehicle shall be calculated as follows:

Image 1

Image 2

Where,

mp

is the sum of all mission profiles mp listed in point 1.4;

sg

is the vehicle sub-group to which the new heavy-duty vehicle v has been attributed according to point 1 of this Annex;

Wsg,mp

is the mission profile weight specified in points 2.1.1 to 2.1.3;

CO2v,mp

is the CO2 emissions in g/km of the new heavy-duty vehicle v determined for a mission profile mp, reported pursuant to Articles 13a and 13b and normalised pursuant to Annex III;

CO2pv,mp

is the CO2 emissions in g/km of the primary vehicle of the new heavy-duty vehicle v, determined for a mission profile mp, and for the chassis configuration (low/high floor, number of decks) applicable to its vehicle sub-group sg, reported pursuant to Articles 13a and 13b and normalised pursuant to Annex III;

For zero-emission heavy-duty motor vehicles, the values of CO2v,mp and CO2pv,mp shall be set to 0.

2.1.1.   Mission profile weights (Wsg,mp) for heavy-duty vehicles of category N

Vehicle sub-group

(sg) (*2)

Mission profile (mp) (*3)

RDL

RDR

LHL

LHR

UDL

UDR

REL, RER, LEL, LER

MUL

MUR

COL

COR

53, 53v

0,25

0,25

0

0

0,25

0,25

0

0

0

0

0

54

0,25

0,25

0

0

0,25

0,25

0

0

0

0

0

1s, 1sv

0,1

0,3

0

0

0,18

0,42

0

0

0

0

0

1, 1v

0,1

0,3

0

0

0,18

0,42

0

0

0

0

0

2, 2v

0,125

0,375

0

0

0,15

0,35

0

0

0

0

0

3, 3v

0,125

0,375

0

0

0,15

0,35

0

0

0

0

0

4-UD

0

0

0

0

0,5

0,5

0

0

0

0

0

4-RD

0,45

0,45

0,05

0,05

0

0

0

0

0

0

0

4-LH

0,05

0,05

0,45

0,45

0

0

0

0

0

0

0

4v

0

0

0

0

0

0

0

0,25

0,25

0,25

0,25

5-RD

0,27

0,63

0,03

0,07

0

0

0

0

0

0

0

5-LH

0,03

0,07

0,27

0,63

0

0

0

0

0

0

0

5v

0

0

0

0

0

0

0

0

0

0,5

0,5

9-RD

0,27

0,63

0,03

0,07

0

0

0

0

0

0

0

9-LH

0,03

0,07

0,27

0,63

0

0

0

0

0

0

0

9v

0

0

0

0

0

0

0

0,25

0,25

0,25

0,25

10-RD

0,27

0,63

0,03

0,07

0

0

0

0

0

0

0

10-LH

0,03

0,07

0,27

0,63

0

0

0

0

0

0

0

10v

0

0

0

0

0

0

0

0

0

0,5

0,5

11

0,3

0,7

0

0

0

0

0

0

0

0

0

11v

0

0

0

0

0

0

0

0,1

0,23

0,3

0,37

12

0,3

0,7

0

0

0

0

0

0

0

0

0

12v

0

0

0

0

0

0

0

0

0

0,3

0,7

16, 16v

0

0

0

0

0

0

0

0

0

0,3

0,7

2.1.2.   Mission profile weights (Wsg,mp) for heavy-duty vehicles of category M

Vehicle sub-group (sg) (*4)

Mission profile (mp) (*5)

HPL

HPR

UPL

UPR

SPL

SPR

IPL

IPR

CPL

CPR

31-LF

0,27

0,23

0,15

0,13

0,11

0,11

0

0

0

0

31-L1

0,05

0,05

0,16

0,14

0,32

0,28

0

0

0

0

31-L2

0,05

0,05

0,09

0,08

0,15

0,13

0,24

0,21

0

0

31-DD

0,20

0,31

0,12

0,18

0,07

0,12

0

0

0

0

32-C2

0

0

0

0

0

0

0,47

0,43

0,04

0,06

32-C3

0

0

0

0

0

0

0,05

0,05

0,30

0,60

32-DD

0

0

0

0

0

0

0,05

0,05

0,35

0,55

33-LF

0,27

0,23

0,15

0,13

0,11

0,11

0

0

0

0

33-L1

0,05

0,05

0,16

0,14

0,32

0,28

0

0

0

0

33-L2

0,05

0,05

0,09

0,08

0,15

0,13

0,24

0,21

0

0

33-DD

0,20

0,31

0,12

0,18

0,07

0,12

0

0

0

0

34-C2

0

0

0

0

0

0

0,47

0,43

0,04

0,06

34-C3

0

0

0

0

0

0

0,05

0,05

0,30

0,60

34-DD

0

0

0

0

0

0

0,05

0,05

0,35

0,55

35-FE

0,27

0,23

0,15

0,13

0,11

0,11

0

0

0

0

39-FE

0,27

0,23

0,15

0,13

0,11

0,11

0

0

0

0

2.1.3.   Mission profile weights (Wsg,mp) for heavy-duty vehicles of category O

Vehicle sub-group (sg) (*6)

Mission profile (mp) (*7)

RDL

RDR

LHL

LHR

UDL

UDR

REL, RER, LEL, LER

111, 111V,112, 112V, 113

0,27

0,63

0,03

0,07

0

0

0

121, 121V, 122, 122V, 123, 123V, 124, 124V, 125, 126

0,03

0,07

0,27

0,63

0

0

0

131, 131v, 132, 132v, 133

0,03

0,07

0,27

0,63

0

0

0

421, 421v, 422, 422v, 423

0,03

0,07

0,27

0,63

0

0

0

431, 431v, 432, 432v, 433

0,03

0,07

0,27

0,63

0

0

0

611, 612

0,27

0,63

0,03

0,07

0

0

0

611v, 612v

0,03

0,07

0,27

0,63

0

0

0

621, 623

0,27

0,63

0,03

0,07

0

0

0

621V, 622, 622V, 623V, 624, 624V, 625

0,03

0,07

0,27

0,63

0

0

0

631, 631v, 632, 632v, 633

0,03

0,07

0,27

0,63

0

0

0

2.2.   Average specific CO2 emissions of all new heavy-duty vehicles in a vehicle sub-group for a manufacturer

For each manufacturer and each reporting period, the average specific CO2 emissions avgCO2sg of all new heavy-duty vehicles in a vehicle sub-group sg or their primary vehicles, if applicable, shall be calculated as follows:

2.2.1.

For heavy-duty vehicles of categories N and O:

Image 3
(in g/tkm)

2.2.2.

For complete or completed vehicles of category M:

Image 4
(in g/pkm)

2.2.3.

For primary vehicles of heavy-duty vehicles of category M:

Image 5
(in g/pkm)

Where,

v

is the sum of all new heavy-duty vehicles of the manufacturer in the vehicle sub-group sg, subject to Article 7b;

CO2v

is the specific CO2 emissions of the new heavy-duty vehicle v determined in accordance with point 2.1;

CO2pv

is the specific CO2 emissions of the primary vehicle of the new heavy-duty vehicle v determined in accordance with point 2.1;

Vsg

is the number of new heavy-duty vehicles of the manufacturer in the vehicle sub-group sg;

Vpvsg

the number of new heavy-duty vehicles in the vehicle sub-group sg, which pursuant to Article 7b shall be accounted for with the CO2 emissions of their primary vehicles in the calculation of the average specific CO2 emissions of point 2.2.3;

PLsg

is the average payload of heavy-duty vehicles in the vehicle sub-group sg as determined in point 2.5;

PNsg

is the average passenger number of vehicles in the vehicle sub-group sg as determined in point 2.5.

2.3.   Calculation of the zero- and low-emission factor as referred to in Article 5

2.3.1   Reporting periods 2019 to 2024

For each manufacturer and reporting period from 2019 to 2024, the zero- and low-emission vehicles factor (ZLEV) referred to in Article 5 shall be calculated as follows:

ZLEV = Vall  / (Vconv + Vzlev) with a minimum of 0,97

where,

Vall

is the number of new heavy-duty vehicles of the manufacturer in the vehicle sub-groups sg = 4-UD, 4-RD, 4-LH, 5-RD, 5-LH, 9-RD, 9-LH, 10-RD, 10-LH;

Vconv

is the number of new heavy-duty vehicles of the manufacturer in the vehicle sub-groups sg = 4-UD, 4-RD, 4-LH, 5-RD, 5-LH, 9-RD, 9-LH, 10-RD, 10-LH excluding zero- and low-emission heavy-duty vehicles;

Vzlev

is the sum of Vin and Vout,

where,

Vin

is v (1+ (1 – CO2v/LETsg))

with v

being the sum of all new zero- and low-emission heavy-duty vehicles in the vehicle sub-groups sg = 4-UD, 4-RD, 4-LH, 5-RD, 5-LH, 9-RD, 9-LH, 10-RD, 10-LH;

CO2v

is the specific CO2 emissions in g/km of a zero- or low-emission heavy-duty vehicle v determined in accordance with point 2.1;

LETsg

is the low-emission threshold of the vehicle sub-group sg to which the heavy-duty vehicle v belongs as defined in point 2.3.4;

Vout

is the total number of zero-emission heavy-duty vehicles of category N, which are not in the vehicle sub-groups referred to by the definition of Vin , and with a maximum of 1,5 % of Vconv.

2.3.2   Reporting periods from 2025 to 2029

For each manufacturer and reporting period, the zero- and low-emission vehicles factor (ZLEV) referred to in Article 5 shall be calculated as follows:

ZLEV = 1 - (y - x)

unless this sum is larger than 1 or lower than 0,97 in which case the ZLEV factor shall be set to 1 or 0,97, respectively

Where,

x

is 0,02;

y

is the sum of Vin and Vout, divided by Vtotal, where,

Vin

is the total number of newly registered low- and zero-emission heavy-duty vehicles in the vehicle sub-groups sg = 4-UD, 4-RD, 4-LH, 5-RD, 5-LH, 9-RD, 9-LH, 10-RD, 10-LH, where each of them is counted as ZLEVspecific in accordance with the formula below:

ZLEVspecific = 1 – (CO2v / LETsg)

Where,

CO2v

is the specific CO2 emissions in g/km of a zero- or low-emission heavy-duty vehicle v determined in accordance with point 2.1;

LETsg

is the low-emission threshold of the vehicle sub-group sg to which the heavy-duty vehicle v belongs as defined in point 2.3.4;

Vout

is the total number of newly registered zero-emission heavy-duty vehicles of category N, which are not in the vehicle sub-groups referred to by the definition of Vin , and with a maximum of 0,035 of Vtotal;

Vtotal

is the total number of newly registered heavy-duty vehicles of category N of the manufacturer in that reporting period.

Where Vin/Vtotal is lower than 0,0075, the ZLEV factor shall be set to 1.

2.3.3   Reporting periods from 2030 onwards

ZLEV = 1

2.3.4   Calculation of the low-emission threshold

The low-emission threshold LET sg of the vehicle sub-group sg is defined as follows:

LETsg = (rCO2sg x PLsg) / 2

Where,

rCO2sg

is the reference CO2 emissions of the vehicle sub-group sg, as determined in point 3;

PLsg

is the average payload of heavy-duty vehicles in the vehicle sub-group sg as determined in point 2.5.

2.4.   Calculation of heavy-duty vehicle shares

For each manufacturer and each reporting period, the share of new heavy-duty vehicles in a vehicle sub-group sharesg shall be calculated as follows:

Image 6

For each manufacturer and each reporting period, the share of new zero-emission heavy-duty vehicles in a vehicle sub-group zevsg shall be calculated as follows:

Image 7

For each manufacturer and each reporting period, the share of new heavy-duty vehicles within the vehicle sub-group sg, which pursuant to Article 7b shall be accounted for with the CO2 emissions of their primary vehicles in the calculation of the average specific CO2 emissions of point 2.2., shall be calculated as follows:

Image 8

Where,

Vzevsg

is the number of new zero-emission heavy-duty vehicles of the manufacturer in a vehicle sub-group sg;

Vpvsg

the number of new heavy-duty vehicles within the vehicle sub-group sg, which pursuant to Article 7b shall be accounted for with the CO2 emissions of their primary vehicles in the calculation of the average specific CO2 emissions of point 2.2.;

Vsg

is the number of new heavy-duty vehicles of the manufacturer in a vehicle sub-group sg;

V

is the number of new heavy-duty vehicles of the manufacturer.

2.5.   Payload values, passenger numbers and cargo volumes

The average payload value PLsg of a heavy-duty vehicle of category N or O in a vehicle sub-group sg shall be calculated as follows:

Image 9

The average passenger number PNsg of a heavy-duty vehicle of category M in a vehicle sub-group sg shall be calculated as follows:

Image 10

Where,

mp

is the sum of all mission profiles mp;

Wsg,mp,

is the mission profile weight specified in points 2.1.1 to 2.1.3;

PLsg,mp

is the payload value attributed to the heavy-duty vehicles of categories N and O in the vehicle sub-group sg for the mission profile mp, as specified in points 2.5.1 and 2.5.3;

PNsg,mp

is the passenger number attributed to the heavy-duty vehicles of category M in the vehicle sub-group sg for the mission profile mp, as specified in point 2.5.2.

2.5.1.   Heavy-duty vehicles of category N

Payload values PL sg, mp (in tonnes) are determined as follows:

Vehicle sub-group sg  (*8)

Mission profile mp  (*9)

RDL

RDR

LHL

LHR

UDL

UDR

REL

RER

LEL

LER

MUL

MUR

COL

COR

53

As determined in point 3.1.1

Not applicable

As determined in point 3.1.1

Not applicable

53v

54

1s

1sv

1

1v

2

As determined in point 3.1.1

2v

3

Not applicable

3v

4-UD

0,9

4,4

1,9

14

0,9

4,4

3,5

17,5

3,5

26,5

0,6

3,0

0,9

4,4

4-RD

4-LH

4v

5-RD

2,6

12,9

2,6

19,3

2,6

12,9

3,5

17,5

3,5

26,5

n.a.

n.a.

2,6

12,9

5-LH

5v

9-RD

1,4

7,1

2,6

19,3

1,4

7,1

3,5

17,5

3,5

26,5

1,2

6,0

1,4

7,1

9-LH

9v

10-RD

2,6

12,9

2,6

19,3

2,6

12,9

3,5

17,5

3,5

26,5

n.a.

n.a.

2,6

12,9

10-LH

10v

11

1,4

7,1

2,6

19,3

1,4

7,1

3,5

17,5

3,5

26,5

1,2

6,0

1,4

7,1

11v

12

2,6

12,9

2,6

19,3

2,6

12,9

3,5

17,5

3,5

26,5

n.a.

n.a.

2,6

12,9

12v

16

Not applicable

2,6

12,9

16v

Technically permissible maximum payload values maxPLsg and cargo volumes CVsg are determined in accordance with point 3.1.1.

2.5.2.   Heavy-duty vehicles of category M

Passenger numbers PNsg,mp, passenger masses PMsg,mp and technically permissible maximum passenger numbers maxPNsg for the vehicle sub-group sg and mission profile mp are determined in accordance with point 3.1.1.

2.5.3.   Heavy-duty vehicles of category O

Payload values PLsg, mp (in tonnes) are determined as follows:

Vehicle sub-group

(sg) (*10)

Mission profile (mp) (*11)

RDL

RDR

LHL

LHR

UDL

UDR

REL, RER, LEL, LER

111, 111V,112, 112V, 113

1,5

7,5

1,5

11,2

n.a.

n.a.

n.a.

121, 121V, 123, 123V, 125

2,2

11,2

2,2

16,8

n.a.

n.a.

n.a.

122, 122V, 124, 124V, 126

2,4

12,2

2,4

18,3

n.a.

n.a.

n.a.

131, 131v, 132, 132v, 133

2,6

12,9

2,6

19,3

n.a.

n.a.

n.a.

421, 421v, 422, 422v, 423

2,6

12,9

2,6

19,3

n.a.

n.a.

n.a.

431, 431v, 432, 432v, 433

2,6

12,9

2,6

19,3

n.a.

n.a.

n.a.

611, 612

1,2

6,1

1,2

9,2

n.a.

n.a.

n.a.

611v, 612v

1,2

6,1

1,2

9,2

n.a.

n.a.

n.a.

621, 621v, 623, 623v

1,3

6,3

1,3

9,5

n.a.

n.a.

n.a.

622, 622V, 624, 624V, 625

2,6

12,9

2,6

19,3

n.a.

n.a.

n.a.

631, 631v, 632, 632v, 633

2,6

12,9

2,6

19,3

n.a.

n.a.

n.a.

Technically permissible maximum payload values maxPLsg and cargo volumes CVsg are determined in accordance with point 3.1.1.

2.6.   Calculation of the mileage and payload or passenger-number weighting factor

The mileage and payload (passenger) weighting factor (MPWsg) of a vehicle sub-group sg is defined as the product of the annual mileage specified in point 2.6.1 and the payload and passenger-number values for the vehicle sub-group specified in points 2.5.1, 2.5.2 and 2.5.3 for vehicle categories N, M and O, respectively, normalised to the respective value for vehicle sub-group 5-LH, and shall be calculated as follows:

Image 11

(for heavy-duty vehicles of categories N and O)

Image 12

(for heavy-duty vehicles of category M)

Where,

AMsg

is the annual mileage specified in point 2.6.1, 2.6.2 and 2.6.3 for the heavy-duty vehicles in the respective vehicle sub-group;

AM5-LH

is the annual mileage specified for vehicle sub-group 5-LH in 2.6.1;

PLsg

is as determined in points 2.5.1 and 2.5.3;

PNsg

is as determined in point 2.5.2;

PL5-LH

is the average payload value for vehicle sub-group 5-LH as determined in point 2.5.1.

2.6.1.   Annual mileages for heavy-duty vehicles of category N

Vehicle sub-group

(sg) (*12)

Annual mileage AMsg (in km)

53, 53v

58 000

54

58 000

1s, 1sv

58 000

1, 1v

58 000

2, 2v

60 000

3, 3v

60 000

4-UD

60 000

4-RD

78 000

4-LH

98 000

4v

60 000

5-RD

78 000

5-LH

116 000

5v

60 000

9-RD

73 000

9-LH

108 000

9v

60 000

10-RD

68 000

10-LH

107 000

10v

60 000

11

65 000

11v

60 000

12

67 000

12v

60 000

16, 16v

60 000

2.6.2.   Annual mileages for heavy-duty vehicles of category M

Vehicle sub-group

(sg) (*13)

Annual mileage AMsg (in km)

31-LF

60 000

31-L1

60 000

31-L2

60 000

31-DD

60 000

32-C2

96 000

32-C3

96 000

32-DD

96 000

33-LF

60 000

33-L1

60 000

33-L2

60 000

33-DD

60 000

34-C2

96 000

34-C3

96 000

34-DD

96 000

35-FE

60 000

39-FE

60 000

2.6.3.   Annual mileages for heavy-duty vehicles of category O

Vehicle sub-group

(sg) (*14)

Annual mileage AMsg (in km)

111, 111V,112, 112V, 113

52 000

121, 121V, 122, 122V, 123, 123V, 124, 124V, 125, 126, 131, 131v, 132, 132v, 133

77 000

421, 421v, 422, 422v, 423, 431, 431v, 432, 432v, 433

68 000

611, 612, 611v, 612v, 621, 623, 621v, 623v

40 000

622, 622V, 624, 624V, 625, 631, 631v, 632, 632v, 633

68 000

2.7.   Average specific CO2 emissions of manufacturers, as referred to in Article 4

For each manufacturer, the following average specific CO2 emissions shall be calculated:

2.7.1.   For the reporting periods of the years 2019 to 2029:

CO2(2025) = ZLEV × ∑ sg sharesg × MPWsg × avgCO2sg

2.7.2.   For the reporting periods from 2025 onwards:

CO2(NO) = ∑sg sharesg × MPWsg × avgCO2sg

CO2(MCO2) = ∑sg sharesg × MPWsg × [avgCO2sg × (1 – pvsg) + avgCO2psg × pvsg]

CO2(MZE) = ∑sg sharesg × MPWsg × (1 – zevsg) × rCO2sg

CO2(M) = CO2(MCO2) + CO2(MZE)

Where,

sg

is the sum of those vehicle sub-groups that are included in the calculation of the particular average specific CO2 emissions in accordance with point 4.2;

ZLEV

is as determined in point 2.3;

sharesg

is as determined in point 2.4;

zevsg

is as determined in point 2.4;

pvsg

is as determined in point 2.4;

MPWsg

is as determined in point 2.6;

avgCO2sg

is as determined in point 2.2;

avgCO2psg

is as determined in point 2.2;

rCO2sg

is as determined in point 3.1.2.

3.   Calculation of the reference values

3.1.   Reference values

The following reference values shall be calculated on the basis of all new heavy-duty vehicles of all manufacturers for the reference period applicable to the vehicle sub-group sg according to point 3.2.

3.1.1.

For each vehicle, the vehicle sub-group sg, payload PLsg,mp, passenger number PNsg,mp, passenger mass PMsg,mp, technically permissible maximum payload maxPLsg , technically permissible maximum passenger number maxPNsg and cargo volume CVsg values shall be calculated as follows:

Image 13

(for heavy-duty vehicles of category N)*

Image 14

(for heavy-duty vehicles of category M)*

Image 15

(for heavy-duty vehicles of category M)*

Image 16

(for heavy-duty vehicles of category N)

Image 17

(for heavy-duty vehicles of category M)

Image 18

(for heavy-duty vehicles of category O)

(* only for vehicle sub-groups, for which no explicit values for PLsg,mp or PNsg,mp are provided in point 2.5)

3.1.2.

Reference CO2 emissions rCO2sg referred to in Article 3 shall be calculated as follows:

Image 19

(for heavy-duty vehicles of categories N and O)

Image 20

(for heavy-duty vehicles of category M)