Commission Implementing Regulation (EU) 2023/2866 of 15 December 2023 implementing Regulation (EU) 2019/631 of the European Parliament and of the Council by determining the procedures for performing the verification of the CO2 emission and fuel consumption values of passenger cars and light commercial vehicles in-service (in-service verification)

1 This Regulation determines the procedures for verifying that the CO2 emission and fuel consumption values recorded in the certificates of conformity correspond to the CO2 emissions from and the fuel consumption of vehicles in-service and 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 for the purpose of type-approval (‘in-service verification’).

2 This Regulation also establishes detailed rules on the procedures for reporting deviations found in the CO2 emissions of vehicles in-service as compared to the specific emissions of CO2 recorded in the certificates of conformity as a result of in-service verification and for taking those deviations into account in the calculation of the manufacturer’s average specific emissions of CO2.

3 This Regulation does not apply to the following: (a) vehicles which are exempted from measurement of CO2 emissions; (b) manufacturers which, together with all of their connected undertakings, have been responsible for fewer than 1000 new passenger cars or for fewer than 1000 new light commercial vehicles registered in the Union in the calendar year two years before the calendar year in which in-service verification families are selected in accordance with Article 3.

For the purpose of this Regulation, the definitions in Article 2 of Regulation (EU) 2017/1151 , Article 3 of Regulation (EU) 2019/631, paragraph 3 of UN Regulation No 154 and Article 2 of Commission Delegated Regulation (EU) 2023/2867 shall apply. In addition, the following definitions shall apply: (1) ‘deviation in the CO2 emission values’ means where the CO2 emissions of vehicles in-service are higher than the specific emissions of CO2 recorded in the certificates of conformity, taking into account the statistical evaluation of the tests in accordance with Annex I; (2) ‘chassis dynamometer test’ means a chassis dynamometer test in accordance with Annex B6 and Annex B8 to UN Regulation No 154, which is performed on a vehicle in-service; (3) ‘road load test’ means a road load test in accordance with Annex B4 to UN Regulation No 154, which is performed on a vehicle in-service; (4) ‘artificial strategies test’ means a dedicated test performed on a vehicle in-service, to verify whether artificial strategies are present; (5) ‘vehicle high of the in-service verification family’ means the vehicle high of any of the interpolation families included in the in-service verification family that has the highest declared CO2 emission value.

1 The number of in-service verification families selected each year by a granting type-approval authority shall be at least 2 % of the total number of in-service verification families for which that authority has issued emissions type-approvals in the three calendar years preceding the in-service verification.

2 When selecting in-service verification families in accordance with Article 3 of Delegated Regulation (EU) 2023/2867, the granting type-approval authority shall: (a) include all in-service verification families for which in the preceding 12 months it has received evidence from the Commission, a type-approval authority, a market surveillance authority or a third party complying with the requirements of Commission Implementing Regulation (EU) 2022/163 , indicating the presence of a deviation in the CO2 emission values; (b) select further in-service verification families on the basis of the assessment by the Commission of the risk that those families may include vehicles with a deviation in the CO2 emission values, as reported in accordance with paragraph 3.

3 When performing the assessment referred to in paragraph 2, point (b), the Commission shall take into account at least the following elements, when available: (a) the total number of new vehicles from the in-service verification family that have been placed on the Union market; (b) in-service verification families with similar technical characteristics but with lower CO2 emission or fuel consumption values, identified using the data collected pursuant to Article 14 of Commission Implementing Regulation (EU) 2021/392 ; (c) the results of previous in-service verifications, and in particular the findings related to the presence of artificial strategies; (d) relevant information from in-service conformity tests pursuant to Regulation (EU) 2017/1151; (e) real-world data as defined in Article 2(c) of Implementing Regulation (EU) 2021/392.

4 Each year, by 31 December, the Commission shall publish a report describing the methodology used for the assessment referred to in paragraph 2, point (b), and the main findings of its assessment undertaken in that year. The report shall also contain a list of in-service verification families with the highest risk of including vehicles with a deviation in the CO2 emission values.

1 For each in-service verification family selected in a given calendar year in accordance with Article 3, the granting type-approval authority shall undertake in that year at least one of the following tests on the vehicles selected, ensuring the following distribution: (a) chassis dynamometer tests for at least 75 % of the in-service verification families selected; (b) road load tests for at least 50 % of the in-service verification families selected, excluding in-service verification families for which the default road load calculation method has been applied for type-approval; (c) artificial strategies tests for at least 25 % of the in-service verification families selected.

2 For each in-service verification family selected, the following number of vehicles shall be tested: (a) for chassis dynamometer and road load tests: between 3 and 10 vehicles in accordance with the method described in Annex I; (b) for artificial strategies tests: at least 1 vehicle.

3 The granting type-approval authority may decide to include in-service verification test results performed by the Commission, another type-approval authority, a market surveillance authority or a third party complying with the requirements of Implementing Regulation (EU) 2022/163, in the statistical method described in Annex I if all of the following conditions are met: (a) the granting type-approval authority is informed of upcoming testing in order to allow the granting type-approval authority to observe the testing; (b) all results of the in-service verification testing are reported to the granting type-approval authority within 5 days from each test.

1 The granting type-approval authority shall select test vehicles that, at the time of selection, meet all of the following criteria: (a) they have a mileage between 3000 km and 40000 km; (b) they are not older than two years counted from the date of their first registration.

2 Notwithstanding paragraph 1, where a granting type-approval authority is not able to select a sufficient number of vehicles meeting those criteria, the granting type-approval authority may select test vehicles that, at the time of selection, meet all of the following criteria: (a) they have a mileage between 3000 km and 100000 km; (b) they are not older than five years counted from the date of their first registration.

3 The granting type-approval authority shall verify and ensure that the test vehicles are in a state representative of a vehicle properly maintained and used, and have characteristics covered by those recorded in the certificate of conformity, by means of the vehicle checklist set out in Annex II.

1 For each test vehicle selected to undergo a chassis dynamometer test, the chassis dynamometer load settings referred to in paragraph 8 of Annex B4 to UN Regulation 154 shall be set according to the road load coefficients f0, f1, f2 and the test mass specified in the certificate of conformity of the test vehicle.

2 The test fuel used for the chassis dynamometer tests shall be the reference fuel as specified in Annex B3 to UN Regulation No 154. In the case of bi-fuelled vehicles running on petrol and liquefied petroleum gas or on petrol and compressed natural gas, and in the case of flex-fuel vehicles using petrol and ethanol (E85) fuel, the chassis dynamometer test shall be performed on the fuel for which Member States have to report the CO2 emissions value as set out in point 2a of Part A of Annex II to Regulation (EU) 2019/631 or in point 2a of Part A of Annex III to Regulation (EU) 2019/631.

1 The granting type-approval authority shall calculate the RCB, target speed and distance corrections referred to in Annex B7 or, where applicable, B6 or B8, to UN Regulation No 154, using the results of the chassis dynamometer test performed. For the calculation of the Ki, KCO2 and ATCT family correction factors referred to in Annex B6, B7 and B8 to UN Regulation No 154, the granting type-approval authority shall do any of the following: (a) apply the Ki, KCO2 and ATCT family correction factors which were used for type-approval; (b) calculate the Ki, KCO2 and ATCT family correction factors based on tests performed on the vehicle selected for the in-service verification test following the procedures described in Annex B6, B7 and B8 to UN Regulation No 154.

2 For each individual test vehicle, other than an OVC-HEV, undergoing a chassis dynamometer test, the granting type-approval authority shall determine the chassis dynamometer test result (CO2 ratio) as the ratio of the CO2 emission value calculated from the chassis dynamometer test, taking into account the correction factors referred to in paragraph 1 (CO2, in-service verification) to the combined CO2 emission value recorded in entry 49 of the certificate of conformity of that vehicle (CO2, CoC).

3 For each OVC-HEV undergoing a chassis dynamometer test, the granting type-approval authority shall determine the chassis dynamometer test result (CO2 ratio) as the ratio of the CO2 emission value calculated from the chassis dynamometer test in charge sustaining mode according to Annex B8 to UN Regulation No 154, taking into account the correction factors referred to in paragraph 1 (CO2, in-service verification) to the combined charge sustaining CO2 emission value recorded in entry 49 of the certificate of conformity of that vehicle (CO2, CoC). In addition, the granting type-approval authority shall determine the equivalent all electric range and CO2 emission value calculated from the chassis dynamometer test in charge depleting mode according to Annex B8 to UN Regulation No 154, taking into account the correction factors referred to in paragraph 1. The test report shall include the ratio of the weighted combined CO2 emission value calculated from the chassis dynamometer tests, taking into account the correction factors referred to in paragraph 1, to the weighted combined CO2 emission value recorded in entry 49 of the certificate of conformity of that vehicle, as well as information on the deterioration of the traction battery over time and the equivalent all electric range.

4 For each individual test vehicle, the granting type-approval authority shall, before and after the chassis dynamometer test, read out from the on-board diagnostics serial port of the vehicle the values of the real-world data as defined in Article 2(c) of Implementing Regulation (EU) 2021/392, using a generic scan-tool. The granting type-approval authority shall include these values in the test report, together with the value for ‘fuel_consumed WLTP’ in accordance with Annex C5 to UN Regulation No 154.

1 The granting type-approval authority shall evaluate the chassis dynamometer test results of the individual test vehicles obtained in accordance with Article 7 to establish whether or not there is a deviation in the CO2 emission values of the in-service verification family undergoing chassis dynamometer tests, by using the method set out in Annex I.

2 In case the in-service verification family fails the statistical evaluation as set out in Annex I, the granting type-approval authority shall determine the size of the deviation in the CO2 emission values as follows: DeviationaverageCO2ratio – 1*CO2VH [g/km], where: CO2 VH is the declared CO2 emission value of the vehicle high of the in-service verification family [g/km] or, for OVC-HEV, the CO2 emission value in charge sustaining mode of the vehicle high of the in-service verification family [g/km]; average (CO2 ratio) is as defined in Annex I.

1 For a road load test, the granting type-approval authority may use any of the measurement methods referred to in Annex B4 to UN Regulation No 154.

2 A vehicle selected for a road load test shall be emptied of all additional equipment and any features that were not present at the time of first registration shall be removed. The vehicle’s fuel tanks shall be filled to at least 90 per cent of their capacity. The vehicle shall be fitted with the standard equipment in accordance with the manufacturer’s specifications, with an additional mass of 100 kg and with the mass representative of the vehicle load, as defined in paragraph 3.2.26 of UN Regulation No 154. The granting type-approval authority shall determine the mass of the vehicle thus prepared or as if thus prepared, which will be considered as the test mass determined during the road load test.

3 The granting type-approval authority shall ensure that the tyres of a vehicle selected for a road load test meet all of the following conditions: (a) they belong to the same energy efficiency class as recorded in the certificate of conformity; (b) they fulfil the criteria laid out in paragraph 4.2.2.2 of Annex B4 to UN Regulation No 154. As an alternative to condition (a), the granting type-approval authority may apply a correction to the road load coefficient f0 as set out in Annex III. The f0, measured, corrected shall then be considered as the f0 determined during the road load test.

4 The granting type-approval authority shall ensure that during the road load test the vehicle height control and active grill shutters of each test vehicle, as well as other movable aerodynamic body parts that dynamically modify its aerodynamic drag, operate according to the requirements set out in paragraph 4.2.1.5 of Annex B4 to UN Regulation No 154.

1 For each individual test vehicle, other than an OVC-HEV, undergoing a road load test, the granting type-approval authority shall calculate the CO2 emission value (CO2, in-service verification) from the road load coefficients f0, f1, f2 and the test mass determined during the road load test by applying the methods set out in Annex B7 or, where applicable, Annex B8, to UN Regulation No 154, using the measured CO2 emission values for vehicle low and vehicle high.

2 In case of an OVC-HEV undergoing a road load test, the granting type-approval authority shall calculate CO2, in-service verification from the road load coefficients f0, f1, f2 and the test mass determined during the road load test by applying the methods set out in Annex B8 to UN Regulation No 154, using the interpolation line corresponding to the charge-sustaining mode.

3 In case the interpolation method was not used, CO2, in-service verification shall be calculated from the road load coefficients f0, f1, f2 and the test mass determined during the road load test as set out in Annex IV.

4 For each individual test vehicle undergoing a road load test, the granting type-approval authority shall determine the road load test result (CO2 ratio) as the ratio of CO2, in-service verification determined in accordance with paragraphs 1 to 3 of this Article, to the combined CO2 emission value, or, in case of an OVC-HEV, the combined charge sustaining CO2 emission value, recorded in entry 49 of the certificate of conformity of that vehicle (CO2, CoC).

1 The granting type-approval authority shall evaluate the road load test results obtained in accordance with Article 10 to establish whether or not there is a deviation in the CO2 emission values of the road load family undergoing road load tests, by using the method set out in Annex I.

2 In case the road load family fails the statistical evaluation as set out in Annex I, the granting type-approval authority shall determine the size of the deviation in the CO2 emission values, as follows: DeviationaverageCO2ratio – 1*CO2VH [g/km], where: CO2 VH is the declared CO2 emission value of the vehicle high of the in-service verification family [g/km] or, for OVC-HEV, the CO2 emission value in charge sustaining mode of the vehicle high of the in-service verification family [g/km]; average (CO2 ratio) is as defined in Annex I.

The granting type-approval authority shall verify the presence of artificial strategies in the test vehicle selected in accordance with Article 4 by means of the following tests: (a) a chassis dynamometer test; (b) a chassis dynamometer test as set out in Annex B6 to UN Regulation No 154 with the test phases performed in a different order, or any other test for which the testing conditions do not lead to a significant change in the physical response of the vehicle and/or any of its sub-systems without artificial strategies; (c) an on-road Real Driving Emission test as set out in Annex IIIA to Regulation (EU) 2017/1151 or any other on-road test that might indicate whether an artificial strategy is present; (d) a chassis-dynamometer test with the aim to replicate the on-road test performed according to point (c).

1 The granting type-approval authority shall evaluate the results of the tests performed in accordance with Article 12 to assess the risk of artificial strategies being present in the test vehicle, by comparing the following: (a) the CO2 emission values from the test referred to in Article 12(b) with those values from the test referred to in Article 12(a); (b) the CO2 emission values, divided by the cycle energy demand, from the test referred to in Article 12(c) with those values from the test referred to in Article 12(a); (c) the CO2 emission values, divided by the cycle energy demand, from the test referred to in Article 12(d) with those values from the test referred to in Article 12(c).

2 The granting type-approval authority shall describe the criteria used for this evaluation in the test report, with artificial strategies to be understood as any software, control logic, hardware or component on board or relating to the vehicle, which reduces the vehicle’s CO2 emission or fuel consumption values in the tests performed for the purpose of emissions type-approval, but which does not operate consistently when the vehicle is in-service, taking into account the difference in conditions, unless this is required by legislation or can be justified by the necessity to protect the vehicle against immediate damage or to ensure safe operation of the vehicle.

3 If, based on the evaluation according to paragraph 1, the granting type-approval authority assesses the risk that artificial strategies are present in the test vehicle to be high, it shall specify and perform a specific test programme in addition to the tests performed according to Article 12, to identify the presence or absence of an artificial strategy.

4 If the granting type-approval authority identifies that artificial strategies are present, it shall determine the size of the deviation in the CO2 emission values by comparing the CO2 emission value with and without artificial strategies. If the size of that deviation cannot be determined based on the tests performed according to Article 12 and, if applicable, paragraph 3, the size of the deviation in the CO2 emission values shall be 10 % of the CO2 emission value of the vehicle high of the in-service verification family or, for OVC-HEV, 10 % of the CO2 emission value in charge sustaining mode of the vehicle high of the in-service verification family, in both cases with a minimum of 14 g/km.

1 The granting type-approval authority shall include in the test reports referred to in Article 5(1) of Delegated Regulation (EU) 2023/2867, at least the following information for each in-service verification family tested and for each type of test: (a) the type of test performed; (b) the vehicle checklist; (c) the test conditions; (d) the test results of each of the individual test vehicles; (e) the statistical evaluation of the test results; (f) if applicable, the calculation of the size of the deviation; (g) in case of an artificial strategies test: the criteria used for evaluating the test results.

2 Within 20 working days of finishing the tests, the test report shall be made available to the manufacturer of the vehicles concerned and the test report together with the following data for each of the individual test vehicles shall be uploaded in an encrypted format to a dedicated Commission server: (a) for each chassis dynamometer test and artificial strategies test performed, the data specified in point (1) of Annex V; (b) for each road load test performed, the data specified in point (2) of Annex V. The data and parameters specified in points (a) and (b) shall not be published. Where all data have been correctly uploaded for all tested vehicles of the in-service verification family, a receipt shall be sent from the Commission server to the uploading entity.

1 If the results of the in-service verification show that there is no deviation in the CO2 emission values, the granting type-approval authority shall come to a conclusion to that effect and attach it to the test report.

2 If the results of the in-service verification show that there is a deviation in the CO2 emission values, the manufacturer may contest the results within 20 working days after receiving the test report, by providing evidence demonstrating the correspondence between the CO2 emission values recorded in the certificates of conformity and the values resulting from the in-service verification. In the absence of a reaction, the manufacturer shall be considered to have accepted the results of the in-service verification.

3 Taking into account the information provided by the manufacturer pursuant to paragraph 2, the granting type-approval authority shall come to a conclusion on whether or not the in-service verification has identified a lack of correspondence between the CO2 emission values of the in-service verification and the values recorded in the certificates of conformity, or on the presence of artificial strategies. The granting type-approval authority shall transmit its conclusion to the manufacturer concerned and to the Commission at the latest 40 working days after informing the manufacturer according to paragraph 2.

4 The granting type-approval authority’s conclusions referred to in paragraph 3 shall, as a minimum, include the following: (a) where the granting type-approval authority finds that there is no lack of correspondence between the CO2 emission values concerned, or cannot establish the presence of artificial strategies: (i) the in-service verification family, vehicle interpolation families and, where its findings are based on road load test results, the road load family concerned; (ii) the grounds for its findings that the deviations found as a result of the in-service verification do not lead to a lack of correspondence; (b) where the granting type-approval authority establishes a lack of correspondence between the CO2 emission values concerned or the presence of artificial strategies: (i) the in-service verification family, vehicle interpolation families and, where its findings are based on road load test results, the road load family concerned; (ii) the size of the deviation in the CO2 emission values; (iii) where applicable, the artificial strategies identified.

5 Before 1 March of each calendar year, the granting type-approval authority shall publish an overview of the in-service verifications performed in the previous calendar year and its conclusions issued in that year, as referred to in paragraphs 1 and 3, using the format set out in Annex VI. For in-service verification tests for which no conclusion is established before the publication of the overview, the conclusion shall be included in the next annual overview.

1 Where the granting type-approval authority has issued a conclusion as referred to in Article 15(4), point (b), the Commission shall, based on the information included in that conclusion, for the calendar year in which the conclusion was issued and for the following calendar years, apply the size of the deviation of the CO2 emission values for its provisional calculation of the average specific emissions of CO2 according to Article 7(4) of Regulation (EU) 2019/631, and notify the manufacturer according to Article 7(5) of Regulation (EU) 2019/631.

2 The Commission shall also apply the size of the deviation of the CO2 emission values as specified in the conclusion referred to in Article 15(4), point (b), for correcting the average specific emissions of CO2 of the manufacturer for the ten calendar years prior to the year in which the conclusion was issued, but not earlier than the calendar year 2021. The Commission shall amend the implementing acts adopted in accordance with Article 9(1) of Regulation (EU) 2019/631 accordingly.

The Commission shall by end of 2026 assess the need to increase the minimum number of in-service verification families to be selected each year according to Article 3(1) considering, in particular, the following: (a) the total number of in-service verification families for which the granting type-approval authority has issued emissions type-approvals in the preceding years; (b) the number of vehicles tested for each in-service verification family in accordance with Article 4; (c) the availability of testing facilities and forecast of the evolution of such availability.

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