Commission Implementing Regulation (EU) 2021/941 of 10 June 2021 laying down a specific procedure for identifying heavy-duty vehicles certified as vocational vehicles but not registered as such and applying corrections to the annual average specific CO2 emissions of a manufacturer to take those vehicles into account (Text with EEA relevance)

1 The Commission shall establish a list with heavy-duty vehicles that have been certified in the meaning of Article 2(3) of Regulation (EU) 2019/1242 as vocational vehicles based on the data reported by the manufacturer in accordance with Article 5 of Regulation (EU) 2018/956 but which were not registered as vocational vehicles based on the data reported by the Member States in accordance with Article 4 of Regulation (EU) 2018/956.

2 The Commission shall provide the competent authorities referred to in Article 4(2) of Regulation (EU) 2018/956 and the contact points appointed by the manufacturer pursuant to Article 5(2) of Regulation (EU) 2018/956 with the relevant parts of the list referred to in paragraph 1.

3 Competent authorities and manufacturers may provide the Commission within one month after receipt of the list pursuant to paragraph 2 with clarifications on the correctness of the data reported pursuant to Articles 4 and 5 of Regulation (EU) 2018/956.

4 After receiving the clarifications or after the expiry of the one month period provided to in paragraph 3, the Commission shall assess the list with heavy-duty vehicles referred to in paragraph 1 on the basis of the reported clarification provided pursuant to paragraph 3, arguments of the parties and possibly some further investigations.

5 If, based on the outcome of the assessment referred to in paragraph 4, the Commission concludes that heavy-duty vehicles identified pursuant to paragraph 1 were correctly registered as vehicles other than vocational, it shall apply corrections to the annual average specific CO2 emissions of a manufacturer in accordance with Article 2 to take those vehicles into account.

6 The Commission may, based on the technical characteristics of the vehicles concerned, replace the initially reported vocational vehicle certification by a certification of the same heavy-duty vehicle, which shall be re-calculated by the manufacturer, according to its technical characteristics, in vehicle group 4, 5, 9 or 10 of Annex I, Table 1 to Commission Regulation (EU) 2017/2400 . In such a case, the Commission shall not apply corrections to the annual average specific CO2 emissions of a manufacturer in accordance with Article 2 to take those vehicles into account but the vehicles shall be included in the determination of the specific CO2 emissions of a manufacturer according to the provisions of Regulation (EU) 2019/1242, in particular when the manufacturer has taken the measures reasonably to be expected based on the information available at the time of the declaration to support a correct declaration as vocational.

7 If, based on the outcome of the assessment referred to in paragraph 4, the Commission concludes that heavy-duty vehicles identified pursuant to paragraph 1 should have been registered as vocational vehicles, it shall correct the data reported by the Member State in accordance with Article 4 of Regulation (EU) 2018/956 and inform the Member State where those heavy-duty vehicles were registered of that correction.

If heavy-duty vehicles corresponding to the provisions of Article 1(5) exist, the annual average specific CO2 emissions of the manufacturer shall be corrected as follows: (avgCO2sg)corr = (Vsg x avgCO2sg + Σv CO2Vv ) / (Vsg + Vocsg), where: avgCO2sg are the average specific CO2 emissions of the manufacturer defined in Annex I, point 2.2. to Regulation (EU) 2019/1242; Vsg is the number of new heavy-duty vehicles of the manufacturer in the vehicle sub-group sg, excluding vocational vehicles, in accordance with Article 4, point (a) of Regulation (EU) 2019/1242; Σv is the sum over all heavy-duty vehicles of the manufacturer in the vehicle sub-group sg, in accordance with the provisions of Article 1(5); CO2Vv is the average of the CO2 emissions in g/tkm of the vocational vehicle v for all different combinations of mission profiles, load conditions and fuel types, reported in accordance with Regulation (EU) 2018/956; Vocsg is the number of heavy-duty vehicles of the manufacturer in the vehicle sub-group sg, in accordance with Article 1(5). The corrected average specific CO2 emissions of the manufacturer (avgCO2sg)corr shall replace the average specific CO2 emissions of the manufacturer avgCO2sg for the purposes of Regulation (EU) 2019/1242.

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