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 (Text with EEA relevance)

This Regulation applies to vehicles of categories O3 and O4, other than: (a) vehicles with a bodywork other than a box shaped bodywork as defined in Article 2, point (2); (b) vehicles with a technically permissible maximum mass lower than 8000 kg; (c) vehicles with more than three axles; (d) link drawbar trailers and link semi-trailers; (e) converter dollies; (f) vehicles exceeding the maximum authorised dimensions laid down in Annex XIII, section E to Commission Implementing Regulation (EU) 2021/535 ; (g) vehicles with driven axles.

The following definitions shall apply: (1) ‘simulation tool’ means an electronic tool, developed by the Commission, which is used to assess the performance of vehicles of categories O3 and O4 with regard to their influence on the CO2 emissions and fuel consumption of motor vehicles; (2) ‘box shaped bodywork’ means an enclosed superstructure integral to the frame of the vehicle, which covers the goods being transported, and for which the attributed digits used to supplement the codes of bodywork are 03, 04, 05, 06 or 32, in accordance with Annex III, Table 3; (3) ‘hashing tool’ means an electronic tool, developed by the Commission, which provides an unequivocal association between the certified component, separate technical unit or system and its certification document, or between a vehicle and its manufacturer's records file and its customer information file; (4) ‘manufacturer’ means the person or body that is responsible to the approval authority for all aspects of the certification process and for ensuring conformity of CO2 emissions and fuel consumption related properties of components, separate technical units and systems, irrespective of whether that person or body is directly involved in all stages of the construction of the component, separate technical unit or system which is the subject of the certification; (5) ‘vehicle manufacturer’ means a body or person responsible for issuing the manufacturer’s records file and the customer information file pursuant to Article 8; (6) ‘CO2 emissions and fuel consumption related properties’ means characteristics specific to a component, separate technical unit and system which determine the impact of the part on the CO2 emissions and fuel consumption of a vehicle; (7) ‘aerodynamic device’ means a device, equipment, or a combination thereof in a specific configuration designed to reduce the aerodynamic drag of vehicle combinations consisting of at least a motor vehicle and a trailer or semi-trailer; (8) ‘generic geometry’ means a three dimensional model developed by the Commission for computational fluid dynamics simulations; (9) ‘manufacturer’s records file’ means a file produced by the simulation tool which contains manufacturer related information, a documentation of the input data and input information to the simulation tool, and the performance of the vehicle with regard to its influence on the CO2 emissions and fuel consumption of motor vehicles, and which takes the form of the template laid down in Annex IV, Part I; (10) ‘customer information file’ means a file produced by the simulation tool which contains a set of vehicle related information and the performance of the vehicle with regard to its influence on CO2 emissions, fuel consumption, of motor vehicles, and which takes the form of the template laid down in Annex IV, Part II; (11) ‘input data’ means information on the CO2 emissions and fuel consumption related properties of a component, separate technical unit or system which is used by the simulation tool to determine the CO2 emissions and fuel consumption of a vehicle; (12) ‘input information’ means information about the characteristics of a vehicle which is used by the simulation tool to determine the influence on the CO2 emissions and fuel consumption of that vehicle and which is not part of input data; (13) ‘authorised entity’ means a national authority authorised by a Member State to request relevant information from the manufacturers and vehicle manufacturers on the CO2 emissions and fuel consumption related properties of a specific component, specific separate technical unit or specific system and CO2 emissions and fuel consumption of new vehicles respectively.

Vehicle manufactures shall classify their vehicles in vehicle groups in accordance with Annex I, Point 2.

1 Vehicle manufacturers shall use the following electronic tools provided by the Commission free of charge in the form of downloadable and executable software: (a) the simulation tool; (b) the hashing tool. The Commission shall maintain the electronic tools and provide modifications and updates to those tools.

2 The Commission shall make the electronic tools referred to in paragraph 1 available through a publicly available dedicated electronic distribution platform.

1 Vehicle manufacturers shall submit to the approval authority an application for a licence to operate the simulation tool to assess the performance of new vehicles with regard to their influence on CO2 emissions and fuel consumption.

2 Vehicle manufacturers shall submit the application for a licence to operate the simulation tool to the approval authority by using the template set out in Annex II, Appendix 1. The application for a licence to operate the simulation tool shall be accompanied by all of the following: (a) a detailed description of the processes referred to in Annex II, Point 1; (b) the assessment referred to in Annex II, Point 2.

3 Vehicle manufacturers shall submit the application for the licence to operate the simulation tool at the latest together with the application for a type-approval or individual approval of the vehicle concerned.

1 The approval authority shall grant the licence to operate the simulation tool if the vehicle manufacturer concerned submits the application in accordance with Article 5 and proves that all the processes have been set up in accordance with the requirements laid down in Annex II, Point 1.

2 The licence shall be issued in the form of the template set out in Annex II, Appendix 2.

1 Vehicle manufacturers shall notify the approval authority without delay of any changes those manufacturers made to the processes they set up to assess the performance of new vehicles with regard to the influence of those new vehicles on CO2 emissions and fuel consumption and that are covered by the licence to operate the simulation tool, where such changes may have an effect on the accuracy, reliability or stability of those processes.

2 Upon receipt of the notification referred to in paragraph 1, the approval authority shall inform the vehicle manufacturer concerned on whether the changed processes continue to be covered by the licence granted pursuant to Article 6.

3 Where the changes referred to in paragraph 1 are not covered by the licence to operate the simulation tool, vehicle manufacturers shall, within one month of receipt of the information referred to in paragraph 2, apply for a new licence in accordance with Article 5. The approval authority shall withdraw the license if a vehicle manufacturer does not apply for a new licence, or if the application for a new license is rejected.

1 Vehicle manufacturers shall determine the performance of new vehicles with regard to their influence on CO2 emissions and fuel consumption to be sold, registered or put into service in the Union using the latest available version of the simulation tool.

2 Vehicle manufacturers shall record the results of the simulation performed with the simulation tool in the manufacturer's records file. With the exception of the cases referred to in Article 21(2), second subparagraph, and in Article 23(3), any changes to the manufacturer's records file shall be prohibited.

3 Vehicle manufacturers shall create cryptographic hashes of the manufacturer’s records file and of the customer information file using the hashing tool.

4 Each vehicle to be registered, sold or to enter into service shall be accompanied by the customer information file. Each customer information file shall contain an imprint of the cryptographic hash of the manufacturer's records file.

5 Each vehicle to be registered, sold or entered into service shall be accompanied by a certificate of conformity or, in the case of vehicles approved in accordance with Article 44 or Article 45 of Regulation (EU) 2018/858, an individual approval certificate, including an imprint of the cryptographic hash of the manufacturer's records file and of the customer information file.

6 By way of derogation from paragraphs 1 to 5, vehicle manufacturers applying for individual approvals for vehicles that belong to the vehicle groups concerned may, at the latest together with the application for an individual approval, request the approval authority that the assessment of the performance of those vehicles with regard to their influence on CO2 emissions and fuel consumption is carried out by a designated technical service. That request shall contain the input data and input information referred to in the template set out in Annex III, Appendix 1. The vehicle manufacturer shall provide the designated technical service with the input data and input information of the components certified in accordance with Article 11(1) in the form of XML files.

7 By way of derogation from paragraphs 1 to 5, vehicle manufacturers holding a type-approval and with an annual production of less than 30 vehicles that belong to the vehicle groups concerned may request a designated technical service to carry out the simulation for the assessment of the performance of those vehicles with regard to their influence on CO2 emissions and fuel consumption. The request for each vehicle shall contain the input data and input information referred to in the template set out in Annex III, Appendix 1. The vehicle manufacturer shall provide the designated technical service with the input data and input information of the components certified in accordance with Article 11(1) in the form of XML files.

8 For the purposes of paragraphs 6 and 7, the approval authorities shall designate a technical service to operate the simulation tool and to draw up the manufacturer’s records file and the customer information file.

1 In the case of modifications or updates to the simulation tool, vehicle manufacturers shall start using the modified or updated simulation tool no later than 3 months after the modifications and updates have been made available on the dedicated electronic distribution platform.

2 If the performance of new vehicles with regard to their influence on CO2 emissions and fuel consumption cannot be assessed due to a malfunction of the simulation tool, vehicle manufacturers shall notify the Commission thereof by means of the dedicated electronic distribution platform without delay.

3 If the performance of new vehicles with regard to their influence on CO2 emissions and fuel consumption cannot be assessed due to a malfunction of the simulation tool, vehicle manufacturers shall perform the simulation for those vehicles not later than 7 calendar days after the date on which the modifications or updates were made available on the dedicated electronic distribution platform. Until the modifications or updates are available, the obligations laid down in Article 8 shall be suspended for the vehicles for which the determination of the performance with regard to their influence on CO2 emissions and fuel consumption is not possible.

1 Vehicle manufacturers or, in case the simulation is performed by a technical service, the responsible bodies designated by the Member State, shall store the manufacturer's records file and the certificates on CO2 emissions and fuel consumption related properties of the components, systems and separate technical units for 10 years after the production or approval of the vehicle, respectively.

2 Upon request from an authorised entity of a Member State or the Commission, vehicle manufacturers or the responsible bodies referred to in paragraph 1 shall provide the manufacturer's records file and the certificates on CO2 emissions and fuel consumption related properties of the components, systems and separate technical units to that entity or to the Commission within 15 working days.

3 Upon request from an authorised entity or the Commission, the approval authority which granted the licence to operate the simulation tool in accordance with Article 6 or which certified the CO2 emissions and fuel consumption related properties of a component, separate technical unit or system in accordance with Article 17 shall provide to that entity or to the Commission the application for the licence to operate the simulation tool referred to in Article 5(2) or the application for the certification of the CO2 emissions and fuel consumption related properties referred to in Article 16(2), respectively, within 15 working days.

1 The input data for the simulation tool shall contain data about the CO2 emissions and fuel consumption related properties of the following components, separate technical units and systems: (a) aerodynamic devices; (b) tyres.

2 Vehicle manufacturers shall base the CO2 emissions and fuel consumption related properties of aerodynamic devices on the values determined, for each family of aerodynamic devices, in accordance with Article 13, and have those properties certified in accordance with Article 17. In the absence of such determination and certification, vehicle manufacturers shall base the CO2 emissions and fuel consumption related properties of aerodynamic devices on the standard values determined in accordance with Article 12.

3 Vehicle manufacturers shall base the CO2 emissions and fuel consumption related properties of tyres on the certified or standard values determined pursuant to Article 12 and Article 13 of Regulation (EU) 2017/2400.

4 Where a new vehicle is to be registered, sold or put into service with a complete set of snow tyres and a complete set of standard tyres, vehicle manufacturers may choose which of the tyres to use for assessing the performance of new vehicles with regard to their influence on CO2 emissions and fuel consumption.

The standard values for aerodynamic devices shall be determined and allocated automatically by the simulation tool by using the parameters laid down in Annex V, Appendix 6.

The certified values for aerodynamic devices shall be determined in accordance with Annex V, Point 3.

1 For the determination of the aerodynamic device data specified in Annex V, manufacturers of aerodynamic devices shall use the following generic geometries: (a) a 4x2 tractor generic geometry; (b) a 4x2 tractor generic geometry for volume oriented semi-trailers; (c) a 4x2 rigid lorry generic geometry; (d) a 6x2 rigid lorry generic geometry; (e) a semi-trailer generic geometry; (f) a volume oriented semi-trailer generic geometry; (g) a drawbar trailer generic geometry; (h) a volume oriented drawbar trailer generic geometry; (i) a centre-axle trailer generic geometry; (j) a volume oriented centre-axle trailer generic geometry; (k) a rear flap generic geometry; (l) semi-trailer side covers generic geometry.

2 The Commission shall make the generic geometries referred to in paragraph 1 available free of charge in the form of downloadable .igs, .step and .stl file formats through a publicly available dedicated electronic distribution platform.

1 The certified values determined for a parent aerodynamic device shall be valid for all family members of that device in accordance with the family criteria set out in Annex V, Appendix 4.

2 The CO2 emissions and fuel consumption related properties of the parent aerodynamic device shall not be better than the properties of any member of the same family of aerodynamic devices.

3 Manufacturers of aerodynamic devices shall provide the approval authority with evidence that the parent aerodynamic device fully represents the family of aerodynamic devices.

4 Upon request of a manufacturer of an aerodynamic device, and subject to the agreement of the approval authority, the CO2 emissions and fuel consumption related properties of the aerodynamic device, other than the parent aerodynamic device, may be indicated in the certificate of the family of aerodynamic devices. The CO2 emissions and fuel consumption related properties of the aerodynamic device referred to in the first subparagraph shall be determined in accordance with Annex V, Point 3.

5 Where the CO2 emissions and fuel consumption related properties of an aerodynamic device, determined in accordance with paragraph 4, lead to a worse performance of the vehicle with regard to its CO2 emissions and fuel consumption than in the case of the parent aerodynamic device, manufacturers of the aerodynamic devices concerned shall exclude that aerodynamic device from the existing family or apply for an extension of the certification pursuant to Article 18.

1 Manufacturers of aerodynamic devices shall submit to the approval authority the application for the certification of the CO2 emissions and fuel consumption related properties of those devices or their respective families.

2 The application for certification referred to in paragraph 1 shall take the form of the template set out in Annex V, Appendix 2. That application shall be accompanied by all of the following: (a) an explanation of the elements of design of the aerodynamic device which have a non-negligible effect on the CO2 emissions, fuel and energy consumption related properties of the aerodynamic device; (b) the validation report as specified in Annex V, Point 3; (c) the technical report including the computer simulation results as specified in Annex V, Point 3; (d) a documentation package for the correct installation of the aerodynamic device; (e) a statement of compliance issued pursuant to Annex IV, Point 2 to Regulation (EU) 2018/858.

3 Changes to the aerodynamic device that occur after a certification shall not invalidate the certification, unless its original characteristics or technical parameters are changed in a way that affects the CO2 emissions and fuel consumption related properties of aerodynamic device concerned.

1 If the requirement laid down in in Article 13 is met, approval authorities shall certify the values relating to the CO2 emissions and fuel consumption related properties of the family of aerodynamic devices and issue a certificate in the form of the template set out in Annex V, Appendix 1.

2 Approval authorities shall assign a certification number in accordance with the numbering system set out in Annex V, Appendix 3. Approval authorities shall not assign the same certification number to another family of aerodynamic devices. The certification number shall be the identifier of the technical report.

3 Approval authorities shall create a cryptographic hash of the file with the computer simulation results referred to in Article 16(2), point (c), and the certification number, by means of the hashing tool. That hashing shall be done immediately after the computer simulation results are produced. Approval authorities shall imprint the cryptographic hash along with the certification number on the certificate on CO2 emissions and fuel consumption related properties.

1 At the request of a manufacturer of aerodynamic devices, and upon approval of the approval authority concerned, a new aerodynamic device may be included into a family of aerodynamic devices if that device meets the criteria laid down in Annex V, Appendix 4, in which case the approval authority shall issue a revised certificate denoted by an extension number. Manufacturers of the aerodynamic devices concerned shall modify the information document referred to in Article 16(2) accordingly and provide that document to the approval authority.

2 Where the CO2 emissions and fuel consumption related properties of the aerodynamic device referred to paragraph 1 are worse than in the case of the parent aerodynamic device, the new aerodynamic device shall become the new parent aerodynamic device.

1 Manufacturers of aerodynamic devices shall notify their approval authority of any changes to the design or manufacturing process of aerodynamic devices that occur after the certification referred to in Article 17 and which may have a non-negligible effect on the performance with regard to CO2 emissions and fuel consumption of the vehicle equipped with those devices.

2 Upon receipt of the notification referred to in paragraph 1, the approval authority concerned shall inform the manufacturer concerned whether or not the aerodynamic devices affected by the changes continue to be covered by the certificate issued, or whether a computer simulation in accordance with Article 13 is necessary.

3 Where the aerodynamic devices affected by the changes are not covered by the certificate referred to in Article 17(1), the manufacturer concerned shall apply for a new certification or an extension of that certification pursuant to Article 18(1) within one month of receipt of that information from the approval authority. Where manufacturers of aerodynamic devices do not apply for a new certification or a revision within that deadline, or where the application is rejected, the approval authorities shall withdraw the certificate.

1 Vehicle manufacturers shall take the necessary measures to ensure that the processes set up to assess the performance of the vehicle with regard to its influence on the CO2 emissions and fuel consumption of motor vehicles covered by the licence granted pursuant to Article 6 continue to be adequate for that purpose.

2 Approval authorities shall perform the assessment referred to in Annex II, Point 2 annually to verify whether the processes set up by vehicle manufacturers for assessing the performance of the vehicle with regard to its influence on the CO2 emissions and fuel consumption of motor vehicles continue to be adequate and to verify the selection of the input information and input data and the repetition of the simulations performed by the vehicle manufacturer. Approval authorities may carry out the assessment more than once per year, but not more than four times a year, where they consider such assessments justified.

1 Approval authorities that find, pursuant to Article 20(2), that the processes set up by the vehicle manufacturer to assess the performance of the vehicle with regard to its influence on the CO2 emissions and fuel consumption of motor vehicles are not in accordance with the licence or may lead to an incorrect assessment of that performance of the vehicles concerned shall request the vehicle manufacturer to submit a plan of remedial measures no later than one month after receipt of the request from the approval authority. Approval authorities may extend the period with up to one month where the vehicle manufacturer demonstrates that more time is necessary to submit the plan of remedial measures.

2 Approval authorities shall approve or reject the plan of remedial measures referred to in paragraph 1 within one month of its receipt. Approval authorities shall notify the vehicle manufacturer concerned and all the other Member States of its decision. Approval authorities may require vehicle manufacturers to issue a new manufacturer's records file, customer information file, individual approval certificate and certificate of conformity on the basis of a new assessment of the performance of the vehicle with regard to its influence on the CO2 emissions and fuel consumption reflecting the changes implemented in accordance with the approved plan of remedial measures referred to in paragraph 1.

3 The vehicle manufacturer shall be responsible for the execution of the approved plan of remedial measures referred to in paragraph 1.

4 Where the plan of remedial measures referred to in paragraph 1 has been rejected by the approval authority, or where the approval authority has established that the remedial measures are not applied correctly, the approval authority shall take the necessary measures to ensure the conformity of simulation tool operation or withdraw the licence.

Manufacturers of aerodynamic devices shall take the necessary measures in accordance with Annex IV, Point 3 to Regulation (EU) 2018/858 to ensure that the CO2 emissions and fuel consumption related properties of the aerodynamic devices referred to in Article 11(1), point (a), which have been the subject of certification in accordance with Article 17, do not deviate from the certified values.

1 Approval authorities that find, pursuant to Articles 20 and 21, that the measures taken by the manufacturer to ensure the compliance of the aerodynamic devices, referred to in Article 11(1) point (a) and certified in accordance with Article 17, are not adequate, shall request the manufacturer of those aerodynamic devices to submit a plan of remedial measures no later than one month after receipt of the request by that manufacturer. Approval authorities may extend that period with up to one month where the manufacturer of those aerodynamic devices demonstrates that more time is necessary to submit the plan of remedial measures.

2 The plan of remedial measures shall apply to all the aerodynamic devices or, if applicable, to their respective families, which have been identified by the approval authority in its request.

3 Approval authorities shall approve or reject the plan of remedial measures within one month of its receipt. Approval authorities shall notify the manufacturer of the aerodynamic devices and all the other Member States of its decision to approve or reject the plan of remedial measures. Approval authorities may require vehicle manufacturers who installed the aerodynamic devices concerned in their vehicles to issue a new manufacturer's records file, customers information file, individual vehicle approval certificate and certificate of conformity on the basis of the CO2 emissions and fuel consumption related properties of those aerodynamic devices obtained by means of the measures referred to in Article 22.

4 The manufacturers of the aerodynamic devices concerned shall be responsible for the execution of the approved plan of remedial measures.

5 The manufacturers of the aerodynamic devices concerned shall keep a record of every aerodynamic device recalled and repaired or modified and of the workshop which performed the repair. Approval authorities shall have access to those records on request during the execution of the plan of the remedial measures and for a period of 5 years after the completion of its execution.

6 An approval authority that rejects the plan of remedial measures or establishes that the remedial measures are not correctly applied shall take the necessary measures to ensure the conformity of CO2 emissions and fuel consumption related properties of the family of aerodynamic devices concerned or withdraw the certificate on CO2 emissions and fuel consumption related properties.

Without prejudice to Article 9(3), where the obligations referred to in Article 8 have not been complied with, Member States shall prohibit the registration, sale or entry into service of vehicles that belong to vehicle groups for which the first two digits are 11, 12, 13, 42, 43, 61, 62 and 63 as from 1 July 2024.

Annexes I, II, III and VIII to Implementing Regulation (EU) 2020/683 are amended in accordance with Annex VI to this Regulation.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 8(4) shall, however, apply from 1 January 2024.