02012R0293 — EN — 08.07.2019 — 004.001

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Amended by:

Corrected by:

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COMMISSION IMPLEMENTING REGULATION (EU) No 293/2012

of 3 April 2012

on monitoring and reporting of data on the registration of new light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council

(Text with EEA relevance)

Article 1

Subject matter

This Regulation sets out the rules for collection and reporting of data on registrations of the following vehicles:

Article 2

Definitions

For the purposes of this Regulation, the definitions set out in Articles 2 and 3 of Regulation (EU) No 510/2011 as well as the definitions of ‘bi-fuel gas vehicle’ and ‘flex-fuel ethanol vehicle’ set out in Article 2 of Commission Regulation (EC) No 692/2008 ( 1 ) shall apply. The following definitions shall also apply:

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Article 3

Data transmission

The aggregated monitoring data together with the detailed monitoring data shall be transmitted by the Member States via electronic data transfer to the Central Data Repository managed by the European Environmental Agency. Member States shall notify the Commission when the data is transmitted.

Article 4

Data sources

1.  Member States shall prepare the aggregated monitoring data and the detailed monitoring data based upon information contained in the certificate of conformity or the type-approval documentation of the relevant light commercial vehicle as specified in the table in Annex I to this Regulation.

2.  The parameter ‘total number of new registrations’ in the detailed monitoring data shall be determined from the total number of registration records created in each year which relate to a single vehicle.

3.  The parameter ‘category of the vehicle registered’ in the detailed monitoring data shall be based on the technical characteristics of the vehicle at the time of registration.

4.  Where there is more than one name of a manufacturer on the certificate of conformity or type-approval documentation, the Member State shall report the manufacturer of the base vehicle.

5.  The CO2 emission values to be reported under the parameter ‘specific emissions of CO2’ in the detailed monitoring data shall be taken from the entry ‘combined’ in the certificate of conformity or the type-approval documentation, except in the case when the entry for ‘weighted combined’ applies.

6.  In reporting the alternative fuel vehicles in the detailed monitoring data, the competent authority shall provide the fuel type and fuel mode as specified in Annex I to this Regulation.

7.  In the case of bi-fuel gas or flex-fuel ethanol vehicles, the competent authority shall report the following CO2 emission values under the parameter ‘specific emissions of CO2 (g/km)’ in the detailed monitoring data:

In the case of point (b), Member States shall report the petrol value also where the conditions for a reduction set out in Article 6 of Regulation (EU) No 510/2011 are not met. Member States may however also report the E85 value.

8.  Where the vehicle is equipped with more than one steering axle or non-steering axle of different widths, the Member State shall report the maximum axle width under the parameter ‘Track width other axle (mm)’ in the detailed monitoring data. The wheelbase for these vehicles shall be the distance between the outer front and the outer back axles.

9.  Where the aggregated monitoring data and the detailed monitoring data are taken from the type-approval documentation, and where those data contain ranges of values, the Member States shall ensure that the reported data provide adequate accuracy, and are in accordance with the data contained in the certificate of conformity.

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10.  With regard to end-of-series vehicles registered in 2020 or in 2021, the WLTP CO2 values to be attributed to those vehicles for the purpose of the calculation of the average specific emissions shall be those determined in accordance with Article 4(2) of Commission Implementing Regulation (EU) 2017/1152 ( 2 ).

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Article 5

Data maintenance and control

The Member States shall ensure the maintenance, collection, control, verification and transmission of the aggregated monitoring data and the detailed monitoring data.

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Article 6

Preparation of data by Member States

When completing the detailed monitoring data, Member States shall include:

Notwithstanding the detailed data referred to in Part A of Annex II to Regulation (EU) No 510/2011, a Member State shall, with regard to the data monitored until 31 December 2017, in addition to the already required parameters in that Part, report only the deviation factor and the verification factor referred to in point (b) of this Article. From 1 January 2018 all detailed data specified in Part A of Annex II to Regulation (EU) No 510/2011 shall be monitored and reported in the formats set out in Part C of Annex II to Regulation (EU) no 510/2011.

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Article 8

Vehicles not covered by EC type-approval

Where light commercial vehicles are subject to national type-approval of small series in accordance with Article 23 of Directive 2007/46/EC or to individual approvals in accordance with Article 24 of that Directive, Member States shall inform the Commission of the respective numbers of such vehicles registered in their territory.

In completing the detailed monitoring data, the competent authority shall indicate the name of the manufacturer in the column ‘Manufacturer name in Member State registry’ in the format set out in Part C of Annex II to Regulation (EU) No 510/2011, and in the column ‘Manufacturer name EU standard denomination’ either of the following:

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Article 9

List of manufacturers

1.  Manufacturers shall notify the Commission without delay and not later than by 1 June 2012 of the names they indicate or intend to indicate on the certificates of conformity. They shall notify the Commission without delay of any changes to that information. New manufacturers entering the market shall notify the Commission without delay of the names they indicate or intend to indicate on the certificates of conformity.

2.  In completing the aggregated monitoring data and the detailed monitoring data, the competent authority shall use the names of the manufacturers taken from the list that is to be drawn up by the Commission on the basis of the names notified pursuant to paragraph 1. That list shall be published on the internet for the first time on 1 September 2012 and shall be updated at regular intervals.

3.  Where the name of a manufacturer is not included in that list, the competent authority shall use the name on the certificate of conformity or type-approval documentation for the purpose of completing the aggregated monitoring data and the detailed monitoring data.

Article 10

Additional information to be provided by manufacturers

1.  For the purpose of the notification referred to in the second subparagraph of Article 8(4) of Regulation (EU) No 510/2011, manufacturers shall, at the latest by 1 June 2012, inform the Commission of the relevant name and address of the contact person to whom the notification shall be addressed.

The manufacturer shall inform the Commission without delay of any change to the provided data. New manufacturers entering the market shall inform the Commission without delay of their contact details.

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2.  Where a group of connected undertakings forms a pool, it shall for the purposes of determining the applicability of Article 7(6) of Regulation (EU) No 510/2011 provide evidence to the Commission of the connection between the members of the group in accordance with the criteria laid down in Article 3(2) of that Regulation.

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3.  For the purpose of calculating the provisional specific emissions target and the provisional average specific emissions of CO2 and for the purpose of the verification of the input values used pursuant to point 1a.1 of Part A of Annex II to Regulation (EU) No 510/2011, Manufacturers shall submit to the Commission, via electronic data transfer to the Data Repository managed by the European Environmental Agency, the data for each base vehicle subject to multi-stage type approval that they sold in the preceding calendar year in the Union, as specified in point 1c. of Part A of Annex II to that Regulation.

The data shall be transmitted via electronic data transfer to the Data Repository managed by the European Environmental Agency.

4.  Where manufacturers do not submit the detailed data referred to in paragraph 3, the provisional specific emissions target and the provisional average specific emissions shall be calculated on the basis of the detailed data as provided by the Member States.

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Article 10a

Notification of errors by manufacturers

1.  Manufacturers that notify errors in accordance with Article 8(5) of Regulation (EU) No 510/2011 shall use the provisional dataset notified by the Commission pursuant to Article 8(4) as a basis for their notification.

The error notification shall include all datasets relating to vehicle registrations for which the notifying manufacturer is responsible. In the case of completed vehicles, the responsible manufacturer is the manufacturer responsible for the EC type approval of the base vehicle.

The error shall be indicated by a separate entry in the dataset for each version, entitled ‘Manufacturer comments’, in which one of the following codes shall be specified:

For the purposes of point (b), a vehicle is unidentifiable where the manufacturer cannot identify the vehicle on the basis of the vehicle identification number provided by the Member State, or if the record does not contain such a number and the vehicle cannot otherwise be identified.

For the purposes of point (d), the final vehicle manufacturer shall also indicate the name of the base vehicle manufacturer in a separate entry entitled ‘Manufacturer notes’.

2.  Where a manufacturer has not notified errors to the Commission in accordance with paragraph 1, or where the notification is submitted after the expiry of the three-month period provided for in Article 8(5) of Regulation (EU) No 510/2011, the provisional values notified in accordance with Article 8(4) of that Regulation shall be considered as final.

3.  Where the error notification referred to in paragraph 1 include vehicle identification numbers, it shall be submitted to the Data Repository referred to in Article 10(3), in other cases it shall be submitted by electronic non-erasable data carrier marked ‘Notification of error — CO2 from vans’ by mail to the following address:

European Commission

Secretariat-General

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

An electronic copy of the notification shall be sent for information to the following functional mailboxes:

EC-CO2-LDV-IMPLEMENTATION@ec.europa.eu

and

CO2-monitoring@eea.europa.eu.

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Article 10b

Preparation of the provisional dataset

1.  The provisional dataset to be notified to a manufacturer in accordance with the second subparagraph of Article 8(4) of Regulation (EU) No 510/2011 shall include the records which, on the basis of the manufacturer’s name and the vehicle identification number, can be attributed to that manufacturer.

The central register referred to in the first subparagraph of Article 8(4) of Regulation (EU) No 510/2011 shall not include any data on vehicle identification numbers.

2.  The processing of the vehicle identification numbers shall not include the processing of any personal data that could be linked to those numbers or any other data that could permit the linking of vehicle identification numbers with personal data.

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Article 11

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

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

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ANNEX I

DATA SOURCES

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ANNEX II

( 1 ) OJ L 199, 28.7.2008, p. 1.

( 2 ) Commission Implementing Regulation (EU) 2017/1152 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure with regard to light commercial vehicles and amending Commission Implementing Regulation (EU) No 293/2012 (OJ L 175, 7.7.2017, p. 664).