2024/1127

16.4.2024

COMMISSION DELEGATED REGULATION (EU) 2024/1127

of 8 February 2024

supplementing Regulation (EU) 2019/1242 of the European Parliament and of the Council by setting out the guiding principles and criteria for defining the procedures for the verification of the CO

2

emissions and fuel consumption values of heavy-duty vehicles in-service (in-service verification)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO

2

emissions 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 (1), and in particular Article 13(4), second subparagraph thereof,

Whereas:

(1) Regulation (EU) 2019/1242 provides for verification of the CO

2

emissions and fuel consumption of heavy-duty vehicles in-service (‘in-service verification’).

(2) All vehicle manufacturers should be subject to in-service verification, except for those manufacturers placing a limited number of vehicles on the market, in order to avoid excessive testing burden, while not significantly affecting the overall CO

2

emissions performance.

(3) The CO

2

emissions and fuel consumption values recorded in the customer information file should be verified using the test procedures set out in Commission Regulation (EU) 2017/2400 (2), but in order to verify the presence of strategies that artificially improve the vehicle’s performance in the tests performed or in the calculations made for the purpose of certifying the CO

2

emissions and fuel consumption, additional, dedicated tests should also be carried out.

(4) In order to reduce the possibility of a conflict of interest, the in-service verification tests should be performed by a technical service that was not involved in the tests performed for the purpose of the certification of the CO

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emissions and fuel consumption-related properties of components, separate technical units and systems of the vehicles concerned. Air drag tests should be performed at the technical service’s own facility or at an accredited laboratory and not by witness testing at a manufacturer’s facility.

(5) In order to allow the granting approval authority to come to a conclusion for all vehicles concerned, on the basis of the test results for the vehicles sampled, an appropriate statistical evaluation method should be established.

(6) Manufacturers should ensure that the CO

2

emissions and fuel consumption values recorded in the customer information files correspond to the CO

2

emissions from, and fuel consumption of, vehicles in-service, to be verified by the granting approval authority. In order for these in-service verification activities to be adequately funded, the granting approval authority should charge proportionate fees to the manufacturers.

(7) In order to reduce testing burden and costs, where possible and appropriate, the same vehicles or tests should be used for both in-service verification of CO

2

emissions and in-service conformity checks of pollutant emissions,

HAS ADOPTED THIS REGULATION:

Article 1

Subject and scope

1.   This Regulation sets out the guiding principles and criteria for defining the procedures for verifying that the CO

2

emissions and fuel consumption values recorded in the customer information files correspond to the CO

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emissions from, and the fuel consumption of, heavy-duty vehicles in-service. It also sets out the procedures for verifying the presence of any strategies on board or relating to the vehicles that artificially improve the vehicle’s performance in the tests performed or in the calculations made for the purpose of determining the CO

2

emissions and fuel consumption (‘in-service verification’).

2.   This Regulation does not apply to zero-emission heavy-duty vehicles as defined in Article 3 of Regulation (EU) 2019/1242.

Article 2

Definitions

For the purposes of this Regulation, the definitions in Article 3 of Regulation (EU) 2019/1242 and Article 3 of Regulation (EU) 2017/2400 shall apply.

The following definitions shall also apply:

(1) ‘granting approval authority’ means the approval authority that granted a licence in accordance with Articles 6 and 7 of Regulation (EU) 2017/2400;

(2) ‘artificial strategies’ means strategies on board or relating to the sampled vehicles that artificially improve the vehicle’s performance in the tests performed or in the calculations made for the purpose of determining the CO

2

emissions and fuel consumption.

Article 3

Selection of in-service verification vehicles

1.   Each granting approval authority shall, for each reporting period, select a sample of vehicles for those manufacturers to which it has granted a licence to operate the simulation tool in accordance with Regulation (EC) No 595/2009 (3) and its implementing measures, in particular Articles 6 and 7 of Regulation (EU) 2017/2400.

For each reporting period and for each manufacturer, as a minimum, all in-service verification tests referred to in paragraph 2 of Article 4 need to be carried out an appropriate number of times based on the average over the three reporting periods preceding the in-service verification of the total number of vehicles of a given manufacturer determined under Article 9 of Regulation (EU) 2017/2400, or Article 8 of Commission Implementing Regulation (EU) 2022/1362 (4).

2.   Where a manufacturer is responsible for less than 100 new vehicles registered in the Union in the reporting period of the year two years before the reporting period of the year in which the vehicles are selected according to paragraph 1, the granting approval authority may decide not to perform in-service verifications tests for that manufacturer.

Article 4

In-service verification tests

1.   The granting approval authority shall, for the purpose of the tests referred to in paragraph 2, select vehicles in-service which are in a state representative of a vehicle properly maintained and used and have characteristics covered by those recorded in the customer information file or in the certificate of conformity.

2.   The granting approval authority shall verify that the CO

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emissions and fuel consumption values recorded in the customer information file of vehicles selected in accordance with paragraph 1 correspond to the CO

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emissions from, and fuel consumption of, vehicles in-service and whether artificial strategies are present, by means of any of the following tests:

(a) for a number of vehicles determined on the basis of a statistical evaluation method: on-road tests in accordance with the Verification Testing Procedure (VTP) set out in Annex Xa to Regulation (EU) 2017/2400 including administrative verification of input information, input data, and data handling;

(b) for a number of vehicles determined on the basis of a statistical evaluation method: air drag tests in accordance with point 3 of Annex VIII to Regulation (EU) 2017/2400 (constant speed test with torque measurements);

(c) for a number of tyres determined on the basis of a statistical evaluation method: tyre rolling resistance coefficient tests, where each tyre shall be tested in a reference laboratory as defined in paragraph 1 of Annex V to Regulation (EU) 2020/740 of the European Parliament and of the Council (5) and in accordance with paragraph 3.2 of Annex X to Regulation (EU) 2017/2400;

(d) for a number of vehicles determined on the basis of a statistical evaluation method: mass tests, where the ‘corrected actual mass of the vehicle’, as laid down in point 2(4) of Annex III to Regulation (EU) 2017/2400, or the ‘corrected mass in running order’, as laid down in Implementing Regulation (EU) 2022/1362, shall be verified by weighing the vehicle and applying corrections if appropriate;

(e) for an adequate number of vehicles: dedicated tests using virtual or physical testing methods to identify the presence of artificial strategies.

3.   The granting approval authority shall entrust the tests referred to in paragraph 2 to a technical service that did not perform, for the vehicles concerned, the same type of tests for the purpose of the certification of the CO

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emissions and fuel consumption-related properties of components, separate technical units and systems as set out in Regulation (EU) 2017/2400.

4.   The granting approval authority shall evaluate the test results of the individual tests and establish whether the CO

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emissions and fuel consumption values of vehicles in-service are higher than the emissions of CO

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and fuel consumption values recorded in the customer information files, taking into account the statistical evaluation of the tests referred to in paragraph 2(a), (b), (c) and (d), and whether artificial strategies are present.

5.   Each manufacturer shall on request provide the granting approval authority and any entity performing in-service verification tests with all information, documentation and technical specifications or support that is needed for adequately performing the in-service verification.

Article 5

Documentation, duty to inform and conclusion of the granting approval authority

1.   The granting approval authority shall ensure that the tests performed in accordance with Article 4 are documented, and that the test reports are made available to the Commission, to the manufacturer of the vehicles concerned and, on request, to other approval authorities, market surveillance authorities and third parties complying with the requirements of Commission Implementing Regulation (EU) 2022/163 (6).

2.   The granting approval authority shall, within 10 months after starting a test, come to a conclusion on whether or not the in-service verification has identified a lack of correspondence between the CO

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emissions and fuel consumption values of the in-service vehicles and the values recorded in the customer information files, or the presence of artificial strategies.

3.   A conclusion by the granting approval authority in accordance with paragraph 2 shall apply to all vehicles concerned that have first entered into service in the Union.

Article 6

Funding of the in-service verifications

The granting approval authority shall ensure that sufficient resources are available to cover the costs for the in-service verification. Those costs shall be recovered by fees that can be levied on the manufacturer by the granting approval authority. The fees shall cover the steps of the in-service verification needed in order for the granting approval authority to come to a conclusion as referred to in Article 5(2).

Article 7

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the

Official Journal of the European Union

.

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

Done at Brussels, 8 February 2024.

For the Commission

The President

Ursula VON DER LEYEN

(1)  

OJ L 198, 25.7.2019, p. 202

.

(2)  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 CO

2

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

).

(3)  Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (

OJ L 188, 18.7.2009, p. 1

).

(4)  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

).

(5)  Regulation (EU) 2020/740 of the European Parliament and of the Council of 25 May 2020 on the labelling of tyres with respect to fuel efficiency and other parameters, amending Regulation (EU) 2017/1369 and repealing Regulation (EC) No 1222/2009 (

OJ L 177, 5.6.2020, p. 1

).

(6)  Commission Implementing Regulation (EU) 2022/163 of 7 February 2022 laying down the rules on the application of Regulation (EU) 2018/858 of the European Parliament and of the Council as regards functional requirements for market surveillance of vehicles, systems, components and separate technical units (

OJ L 27, 8.2.2022, p. 1

).

ELI: http://data.europa.eu/eli/reg_del/2024/1127/oj

ISSN 1977-0677 (electronic edition)