Commission Implementing Regulation (EU) 2021/392 of 4 March 2021 on the monitoring and reporting of data relating to CO2 emissions from passenger cars and light commercial vehicles pursuant to Regulation (EU) 2019/631 of the European Parliament and of the Council and repealing Commission Implementing Regulations (EU) No 1014/2010, (EU) No 293/2012, (EU) 2017/1152 and (EU) 2017/1153 (Text with EEA relevance)

1 This Regulation sets out detailed rules on the procedures for the monitoring and reporting by Member States and manufacturers of data relating to CO2 emissions from new passenger cars and light commercial vehicles, as well as of data on real-world CO2 emissions and fuel or energy consumption of those vehicles.

2 For the purpose of establishing the procedure for verifying CO2 emissions of in-service vehicles in accordance with Article 13 of Regulation (EU) 2019/631, this Regulation also provides for the reporting by the Member States’ competent authorities of certain data recorded as part of the type-approval tests performed in accordance with Regulation (EU) 2017/1151.

In addition to the definitions set out in Article 3 of Regulation (EU) 2019/631, the following definitions shall apply: (a) ‘detailed monitoring data’ means the detailed monitoring data specified for passenger cars in Section 2 of Part B of Annex II to Regulation (EU) 2019/631 and for light commercial vehicles in Section 2 of Part C of Annex III to that Regulation; (b) ‘aggregated monitoring data’ means the aggregated data specified for passenger cars in Section 1 of Part B of Annex II to Regulation (EU) 2019/631 and for light commercial vehicles in Section 1 of Part C of Annex III to that Regulation; (c) ‘real-world data’ means the data referred to in point 3.1(a) and (b) and point 3.2(a) to (g) and (l) of Annex XXII to Regulation (EU) 2017/1151 that has been obtained from on-board fuel and/or energy consumption monitoring devices.

1 Member States shall ensure the maintenance, collection, control, verification and timely transmission of the aggregated and detailed monitoring data to the Commission and the European Environment Agency (EEA). Member States shall ensure that requests by the EEA for clarifications or corrections of the transmitted data are addressed without delay by their designated contact persons.

2 The aggregated and detailed monitoring data shall be reported in two separate datasets for passenger cars and light commercial vehicles, respectively, in accordance with Part B of Annex II to Regulation (EU) 2019/631 and Part C of Annex III to that Regulation.

3 Member States shall transmit the aggregated and detailed monitoring data via electronic data transfer to the Central Data Repository (CDR) managed by the EEA. Member States shall notify the Commission when the data is transmitted.

1 The Commission, together with the EEA, shall, in accordance with Article 7(4) of Regulation (EU) 2019/631, ensure that each manufacturer and pool of manufacturers responsible for new passenger cars or light commercial vehicles registered in the Union is notified of the provisional calculation of its specific emissions target and its average specific emissions of CO2 and of the data reported by Member States.

2 The provisional calculations and the data referred to in paragraph 1 shall be notified separately for passenger cars and light commercial vehicles and shall include the records which, on the basis of the manufacturer’s name and World Manufacturer Identifier, can be attributed to that manufacturer.

3 The central register of data referred to in Article 7(4) of Regulation (EU) 2019/631 shall include all data entries reported by the Member States, with the exception of the vehicle identification numbers (VINs). The VINs shall be retained by the EEA for a period of 20 years from the date on which they were first uploaded to the CDR or the Business Data Repository (BDR) of the EEA.

Manufacturers that place or intend to place passenger cars or light commercial vehicles that fall within the scope of Regulation (EU) 2019/631 on the market of the Union shall notify the Commission without delay of the following information and of any changes to that information: (a) the manufacturer name they indicate or intend to indicate on the certificates of conformity; (b) the World Manufacturer Identifier, corresponding to the first three characters of the VIN, that they indicate or intend to indicate on the certificates of conformity; (c) for the purpose of the notification referred to in the second subparagraph of Article 7(4) of Regulation (EU) 2019/631, the name and address of the contact person representing the manufacturer to whom the notification of the provisional calculations and data is to be addressed. The names and addresses referred to in point (c) shall be considered as personal data within the meaning of Regulation (EU) 2018/1725.

1 Where a manufacturer verifies the provisional data in accordance with the first subparagraph of Article 7(5) of Regulation (EU) 2019/631, it shall use the dataset provided for that purpose by the EEA.

2 Where an error is identified in the dataset, the manufacturer shall, where possible, correct it and indicate, by a separate entry in the dataset for each vehicle record, entitled ‘Manufacturer comments’, one of the following codes: (a) Code A, if the record has been changed by the manufacturer; (b) Code B, if the vehicle cannot be identified by the manufacturer; (c) Code C, if the vehicle falls out of the scope of Regulation (EU) 2019/631; (d) Code D, if the manufacturer to which a vehicle of category N1 has been attributed is the manufacturer of the completed vehicle but not of the incomplete or complete base vehicle. For the purposes of point (b), a vehicle is considered unidentifiable where the VIN is missing or is manifestly incorrect.

3 Manufacturers shall notify the Commission of any errors in accordance with Article 7(5) of Regulation (EU) 2019/631 by uploading the complete corrected dataset to the BDR. They shall also send an electronic copy of the notification for information to the following email addresses: [email protected] and [email protected]

4 Manufacturers shall ensure that requests for clarifications of the corrections by the Commission or the EEA are addressed without delay by their contact persons designated in accordance with Article 5(c) of this Regulation.

5 Where a manufacturer does not notify the Commission of any errors before the expiry of the three-month period provided for in Article 7(5) of Regulation (EU) 2019/631, the provisional values notified in accordance with Article 7(4) of that Regulation shall be considered as final.

Manufacturers of a base vehicle as referred to in point 1.2.2 of Annex III to Regulation (EU) 2019/631 shall transmit the data referred to in that point via electronic data transfer to the BDR at the latest within three months from being notified of the provisional data in accordance with Article 4 of this Regulation.

1 A manufacturer of new passenger cars registered in the calendar years 2021 or 2022 with measured NEDC CO2 values of less than 50 g CO2/km, as provided for in Article 5 of Implementing Regulation (EU) 2017/1153, shall report those measured NEDC CO2 values to the Commission together with the notification referred to in Article 6 of this Regulation.

2 The Commission may request the manufacturer to provide the relevant certificates of conformity and type-approval certificates that support the reported CO2 emission values.

1 Manufacturers shall collect real-world data together with the VINs of new passenger cars and new light commercial vehicles that are registered from 1 January 2021 and that are equipped with on-board fuel and/or energy consumption monitoring devices in accordance with Article 4a of Regulation (EU) 2017/1151, unless the vehicle owner expressly refuses to make that data available to the manufacturer or its authorised dealer or authorised repairer.

2 Where the real-world data and the VINs are not collected by the manufacturer via direct data transfer from the vehicle, the manufacturer shall ensure that the data is collected and transmitted to it by its authorised dealer or authorised repairer each time the vehicle is brought in for service or repairs or any other intervention and data is to be read out from the on-board diagnostics serial port of the vehicle. The device or scan tool used shall be capable of reading out the data as it is recorded on the on-board fuel and/or energy consumption monitoring device. The read-out of the data shall be free of charge and not subject to any specific conditions. The manufacturer and, where applicable, its authorised dealer or repairer, shall ensure that secure means of communication are used for the collection of the VINs.

3 On 1 April each year, with effect from 2022, a manufacturer shall report to the Commission any real-world data and the VINs that were collected in the preceding calendar year, as specified in Table 1 of the Annex, by uploading it to the BDR. In the event that several records referring to the same VIN are collected by a manufacturer in the same calendar year, the real-world data to be reported shall be the record indicating the highest total distance travelled. Real-world data for a given vehicle shall be collected for a maximum period of 15 years from the date on which the data for that vehicle was first reported to the EEA. Where a manufacturer claims that real-world data cannot be reported, or can only be reported in part, it shall make a statement to that effect to the Commission and shall provide the reasons therefore. The statement and the justification shall be uploaded to the BDR.

4 Paragraphs 1, 2 and 3 shall not apply to small volume manufacturers as referred to in in Article 15(11) of Regulation (EU) 2017/1151.

1 Member States shall ensure that the bodies or establishments referred to in Article 4(2) of Directive 2014/45/EU collect real-world data and VINs of new passenger cars and new light commercial vehicles that are registered from 1 January 2021 and that are equipped with on-board fuel and/or energy consumption monitoring devices in accordance with Article 4a of Regulation (EU) 2017/1151. With effect from 20 May 2023, the real-world data together with the VINs shall be collected when the vehicles undergo roadworthiness tests in accordance with Article 5 of Directive 2014/45/EU, unless the vehicle owner expressly refuses to make that data available. The real-world data shall be read out by using a device to connect to the electronic vehicle interface, such as a scan tool as referred to in Annex III to Directive 2014/45/EU. The device used shall be capable of reading out the data as it is recorded on the on-board fuel and/or energy consumption monitoring device.

2 With effect from 2022, Member States shall ensure that the real-world data together with the VINs, as specified in Table 1 of the Annex, that were collected in the preceding calendar year are reported to the Commission annually on 1 April, by uploading that data to the CDR. Where no such data is available, a statement to that effect, including the reasons why the data is not available, shall be uploaded to the CDR. Member States shall ensure that the real-world data for a given vehicle is collected for a maximum period of 15 years from the date on which that data was first reported for the vehicle to the EEA. The Member State and the bodies and establishments responsible for the collection of the VINs shall ensure that secure means of communication are used for that collection.

1 The following entities responsible for collecting the VINs together with the real-world data directly from the vehicles, shall, in relation to the collection and processing of the VINs, be considered as controllers of the relevant data within the meaning of point 7 of Article 4 of Regulation (EU) 2016/679: (a) manufacturers in the case of direct data transfers from the vehicles to the manufacturer; (b) authorised dealers or authorised repairers; (c) bodies or establishments responsible for roadworthiness testing. Those entities shall ensure that they meet the obligation to provide information to the vehicle owners in their capacity as data subjects, as set out in Article 13 of that Regulation.

2 Where the VINs have been obtained indirectly from the vehicle owner for the purposes of Articles 3, 9 or 10, the Member States, and, where applicable, the manufacturers shall, in their capacity as data controllers, ensure that they meet the obligation to provide information to the vehicle owners as set out in Article 14 of Regulation (EU) 2016/679.

3 The EEA and the Commission shall, in relation to the collection and processing of VINs for the purposes of this Regulation, be considered as data controllers subject to the provisions set out in Regulation (EU) 2018/1725.

4 The VINs and the real-world data collected in accordance with Articles 9 and 10 of this Regulation may not be used for any purpose other than that specified in Article 12 of Regulation (EU) 2019/631.

5 The VINs and the real-world data collected in accordance with Articles 9 and 10 may only be retained for the following periods: (a) by manufacturers, until that data has been reported upon in accordance with Article 9(3); (b) by authorised dealers and repairers, until that data has been transmitted to the manufacturer in accordance with Article 9(2); (c) by bodies and establishments responsible for roadworthiness tests, until that data has been transmitted to the EEA, or to the authority designated by the Member States for reporting the data to the EEA, in accordance with Article 10(2); (d) by the authorities designated by the Member States for reporting the real-world data to the EEA, until that data has been reported upon in accordance with Article 10(2); (e) by the EEA, until 20 years from the date on which the data was first uploaded to the BDR in accordance with Article 9(3) or to the CDR in accordance with Article 10(2).

With effect from December 2022, the Commission shall each year publish anonymised and aggregated datasets that shall be split between passenger cars and light commercial vehicles powered by internal combustion engines, and off-vehicle charging hybrid electric vehicles (OVC-HEVs) of the same categories, including the following data per manufacturer: (a) the average fuel consumption (l/100 km) based on the data reported pursuant to Articles 9 and 10; (b) the average electric energy consumption (kWh/100 km) based on the data reported pursuant to Articles 9 and 10; (c) the average CO2 emissions (g/km) calculated on the basis of the data reported pursuant to Articles 9 and 10; (d) the difference between the average fuel consumption referred to in point (a) and the average of the fuel consumption values recorded in the certificates of conformity of the same vehicles as those for which real-world data has been reported; (e) the difference between the average electric energy consumption referred to in point (b) and the average of the electric energy consumption values recorded in the certificates of conformity of the same vehicles as those for which real-world data has been reported; (f) the difference between the average CO2 emissions (g/km) calculated in accordance with point (c) and the average of the CO2 emission values recorded in the certificates of conformity of the same vehicles as those for which real-world data has been reported. Points (b) and (e) shall apply only as regards OVC-HEVs.

The Commission shall, on the basis of the assessment referred to in the first subparagraph of Article 12(3) of Regulation (EU) 2019/631, review the implementation of Articles 9 to 12 of this Regulation considering, in particular, the following: (a) the number of vehicles equipped with direct data transfer devices; (b) the need for continued monitoring and reporting of real-world data by manufacturers; (c) the time period during which real-world data need to be monitored and reported; (d) the appropriate level of aggregation of data to be published by the Commission pursuant to Article 12 of this Regulation.

1 Type-approval authorities shall ensure that the data specified in Table 2 of the Annex is recorded for each Type 1 test performed in accordance with Annex XXI to Regulation (EU) 2017/1151.

2 The recorded data shall be uploaded in an encrypted format to the dedicated Commission server. Where the data has been correctly uploaded, a receipt shall be sent from the Commission server to the uploading entity.

3 The test data shall not be published.

1 Implementing Regulations (EU) No 1014/2010 and (EU) No 293/2012 are repealed with effect from 1 March 2021.

2 Implementing Regulations (EU) 2017/1152 and (EU) 2017/1153 are repealed with effect from 1 January 2025.

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