520 as regards the CO2 emission class of heavy-duty vehicles with trailers - Main contents

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dossier	COM(2023)189 - Amendment of Directive 1999/62/EC, Council Directive 1999/37/EC and Directive (EU) 2019/520 as regards the CO2 emission ...
document	COM(2023)189
date	May 4, 2023

Article 1

Amendments to Directive 1999/62/EC

Directive 1999/62/EC is amended as follows:

(1) Article 2 (1) is amended as follows:

(a) In point 29, point (a) is replaced by the following:

‘(a) a heavy-duty motor vehicle referred to in Article 3, point 11, subpoints (a) and (b), of Regulation (EU) 2019/1242 of the European Parliament and of the Council (*); or’

(b) In point 30, point (b) is replaced by the following:

‘(b) a heavy-duty vehicle from a vehicle group covered by an implementing act adopted pursuant to Article 7ga(7), with CO₂ emissions lower than 50 % of the reference CO₂ emissions of its vehicle group, other than a zero-emission vehicle;’;

(c) Point 37 is replaced by the following:

‘(37) ‘emission reduction trajectory’, for vehicle sub-group (sg) and the reporting period of a year (Y), namely ET_sg,Y, means the product of the annual CO₂ emissions reduction factor (RET_sg,Y) times the reference CO₂ emissions (rCO2_sg) of the sub-group (sg), namely ET_sg,Y = RET_sg,Y x rCO2_sg; RET_sg,Y is determined in accordance with point 5.1 of Annex I to Regulation (EU) 2019/1242;’;

(d) Point 38 is replaced by the following:

‘(38) ‘reference CO₂ emissions’ means:

(a) for vehicles sub-groups covered by Regulation (EU) 2019/1242, the amount calculated in accordance with the formula in point 3 of Annex I to that Regulation;

(b) for a vehicle group covered by an implementing act adopted pursuant to Article 7ga(7), the reference CO₂ emissions specified therein, corresponding to the average value of all CO₂ emissions of vehicles in that vehicle group, reported in accordance with Regulation (EU) 2018/956 of the European Parliament and of the Council ( ⁶ ) for the first reporting period, which will start after the date on which the registration, sale or entry into service of vehicles in that vehicle group, that do not comply with the obligations referred to in Article 9 of Regulation (EU) 2017/2400, is prohibited in accordance with Article 24 of Regulation (EU) 2017/2400;’;

(e) the following points are added:

‘(42) ‘trailer’ means a trailer as defined in Article 3, point 17 of Regulation (EU) 2018/858 and falling within the scope of Commission Implementing Regulation (EU) 2022/1362**;

(43) ‘semi-trailer’ means a trailer which fulfils the definition of a semi-trailer in Article 3, point 33 of Regulation (EU) 2018/858 and falling within the scope of Commission Implementing Regulation (EU) 2022/1362.’

* 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) No 2018/956 of the European Parliament and of the Council and Council Directive 96/53/EC (OJ L 198, 25.7.2019, p. 202).

** 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)”;

(2) Article 7ga is amended as follow:

(a) In paragraph 1, the second, third, and fourth subparagraphs are replaced by the following:

‘Member States shall apply that variation to the vehicles sub-groups covered by Regulation (EU) 2019/1242 on the basis of the reference CO₂ emissions published in accordance with Article 11(1) of that Regulation. However, for vehicle sub-groups 4-UD, 4-RD, 4-LH, 5-RD, 5-LH, 9-RD, 9-LH, 10-RD, 10-LH, Member States shall apply that variation at the latest on 13 May 2023. Where the reference CO₂ emissions are adjusted pursuant to Article 11(2) of Regulation (EU) 2019/1242, those reference CO₂ emissions shall apply as of the start of the following reporting period.

By derogation from the second subparagraph, for CO₂ emission classes 1, 4 and 5, referred to in paragraph 2 of this Article, that variation shall apply to vehicle groups covered by implementing acts adopted pursuant to paragraph 7 at the latest two years following the adoption of those implementing acts. The variation shall be based on the reference CO₂ emissions specified therein and it shall apply until reference CO₂ emissions for the vehicle sub-groups concerned are published in accordance with Article 11(1) of Regulation (EU) 2019/1242. As of the publication of reference CO₂ emissions in accordance with Article 11(1) of Regulation (EU) 2019/1242, Member States shall apply those reference CO₂ emissions instead of the ones specified pursuant to paragraph 7 and the variation for the vehicles sub-groups concerned shall be applied for all emission classes.’;

(b) In paragraph 7, the first sub-paragraph is replaced by the following:

‘The Commission shall adopt implementing acts to specify the reference CO₂ emissions for the vehicle groups other than sub-groups 4-UD, 4-RD, 4-LH, 5-RD, 5-LH, 9-RD, 9-LH, 10-RD, 10-LH.’.

(3) the following Article is inserted:

‘Article 7gc

1. Until 30 June 2030, Member States may take into account the effect of trailers on the CO₂ emissions of its combination with a motor vehicle when applying Article 7ga. From 1 July 2030 they shall take into account that effect.

Where a Member State applies the first subparagraph, the CO₂ emission class of the vehicle combination referred in Article 7ga (2) shall be affected by the trailer class of the towed trailer in accordance with Annex VIII.

2. Where a Member State applies the first paragraph and, in accordance with Article 9(1), point (a), imposes specific charges on vehicle combinations deviating from the maximum weights and/or dimensions laid down in Annex I to Council Directive 96/53/EC*, in accordance with Article 4(4) of that Directive, it may apply a reduction of road charges to such vehicle combinations that employ at least one trailer to which a trailer class is assigned in accordance with Annex VIII to this Directive.

The amount of the reduction of the road charge may correspond to the reduction granted to vehicle combinations not deviating from the maximum weights and/or dimensions.

3. The Commission is empowered to adopt a delegated act in accordance with Article 9d in order to amend Annex VIII to determine the efficiency ratio thresholds laid down therein, or to adjust them to reflect technical progress. Their first determination shall be based on the average efficiency of the trailer fleet when reference CO2 emissions for these vehicles are published, and on the potential that trailers have to generate efficiency improvements, taking into consideration the different potential between semi-trailers and other trailers.

For trailer classes 1 and 2 as identified in the table in Annex VIII, the Commission shall adopt a delegated act determining the efficiency ratio thresholds at the latest one year after the publication of reference CO2 emissions for trailers according to Article 11(1) of Regulation (EU) 2019/1242.

For trailer class 3 as identified in the table in Annex VIII, applicable to trailers equipped with a device that actively supports their propulsion and has no internal combustion engine or has an internal combustion engine emitting less than 5 g CO2 /kWh, the Commission shall adopt a delegated act determining the efficiency ratio thresholds after legally certified values for those trailers are available.

The Commission is empowered to adopt a delegated act in accordance with Article 9d in order to amend Annex VIII to lay down a methodology for determining the allocation to a trailer class of trailers which are retrofitted with equipment improving their energy efficiency, especially those that were registered, sold or to enter into service before the date of application of Implementing Regulation (EU) 2022/1362.

4. For the purpose of recording the equipment referred to in paragraph 3, fourth subparagraph, Member States shall make use of item 10 (other information) of Annex II to Directive 2014/45/EU**.

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* Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic (OJ L 235, 17.9.1996, p. 59)

** Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers (OJ L 127, 29.4.2014, p. 51)’;

(4) In Article 7j (2a), the first subparagraph is replaced by the following:

‘Where a driver or, where applicable, the transport operator or the European Electronic Toll Service (EETS) provider, is unable to provide evidence of the emission class of the vehicle for the purposes of Article 7g(2), Article 7ga and Article 7gb, Member States may apply tolls or user charges up to the highest level chargeable. Where a driver or, where applicable, the transport operator or the European Electronic Toll Service (EETS) provider, is unable to provide evidence of the emission class of the vehicle combination for the purposes of Article 7gc, Member States may apply tolls or user charges on the basis of the emission class of the motor vehicle.’;

(5) In Article 9d, the first subparagraph is replaced by the following:

‘The Commission is empowered to adopt delegated acts in accordance with Article 9e to amend this Directive in respect of Annex 0, the formulas in points 4.1 and 4.2 of Annex IIIa, the amounts indicated in the tables of Annexes IIIb and IIIc in order to adapt them to scientific and technical progress, and the efficiency ratio thresholds indicated in table in Annex VIII in order to determine them or to adjust them to reflect technical progress.’;

(6) In Article 11, point c is replaced by the following:

‘(c) the variation of infrastructure charges or user charges according to the environmental performance of vehicles, pursuant to Article 7g, 7ga, 7gb or 7gc;’;

(7) the text in the Annex to this Directive is added as Annex VIII.

Article 2

Amendment to Directive (EU) 2019/520

In Annex I to Directive (EU) 2019/520, Part I is replaced by the following:

‘Part I. Data relating to vehicles

Item	M/O⁽¹⁾	Remarks
Registration number	M
Chassis number/Vehicle identification number (VIN)	M
Member State of registration	M
Make	M	(D.1⁽²⁾) e.g. Ford, Opel, Renault
Commercial type of the vehicle	M	(D.3) e.g. Focus, Astra, Megane
EU Category Code	M	(J) e.g. mopeds, motorbikes, cars
Euro emissions class	M	e.g. Euro 4, Euro 6
CO₂ emission class	O	applicable to heavy-duty vehicles
Date of reclassification	O	applicable to heavy-duty vehicles
CO₂ in g/tkm	O	applicable to heavy-duty vehicles
Volume orientation: yes/no	O	applicable to trailers
Efficiency ratio – ton-kilometre based (-)...	O	applicable to trailers
Efficiency ratio – m³-kilometre based (-)...	O	applicable to trailers
Technically permissible maximum laden mass of the vehicle	M
(1) M = mandatory when available in national register, O = optional. (2) Harmonised Union code, see Directive 1999/37/EC.

Article 3

Amendment to Directive 1999/37/EC

In Annex I to Directive 1999/37/EC, in point (V) exhaust emissions, the following points are added:

‘(V.11) Efficiency ratio:

- For non-volume-oriented trailers, efficiency ratio – ton-kilometre where indicated at position 49.11.2 of the certificate of conformity defined in the Appendix to Annex VIII to Commission Implementing Regulation (EU) 2020/683* or at position 49.11.2 of the individual vehicle approval certificate defined in Appendix 1 to Annex III to that Regulation.

- For volume-oriented trailers, efficiency ratio – m³-kilometre based where indicated at position 49.11.3 of the certificate of conformity defined in the Appendix to Annex VIII to Commission Implementing Regulation (EU) 2020/683 or at position 49.11.3 of the individual vehicle approval certificate defined in Appendix 1 to Annex III to that Regulation.

The volume orientation is indicated at position 49.10 of the certificate of conformity of heavy-duty trailers defined in the Appendix to Annex VIII to Commission Implementing Regulation (EU) 2020/683 or at position 49.10 of the individual vehicle approval certificate defined in Appendix 1 to Annex III to that Regulation,

(V.12) Trailer class determined in accordance with Article 7gc of Directive 1999/62/EC of the European Parliament and of the Council;

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* Commission Implementing Regulation (EU) 2020/683 of 15 April 2020 implementing Regulation (EU) 2018/858 of the European Parliament and of the Council with regards to the administrative requirements for the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L 163, 26.5.2020, p. 1)’.

Article 4

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [one year from the entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 5

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

Article 6

This Directive is addressed to the Member States.