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)

• Date of Signature: 10 June 2021
• Published date: 11 June 2021
• Official Gazette Publication: Official Journal of the European Union, L 205, 11 June 2021

11.6.2021 EN Official Journal of the European Union L 205/77

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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)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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) 2018/956 of the European Parliament and of the Council and Council Directive 96/53/EC (1), and in particular Article 2(3) thereof,

Whereas:

(1) In order to identify heavy-duty vehicles that are certified as vocational vehicles but not registered as such, it is appropriate to use the data reported by the manufacturers and Member States in accordance with Regulation (EU) 2018/956 of the European Parliament and of the Council (2).

(2) In order to resolve the discrepancies in the data reported on certifications and registrations in accordance with Regulation (EU) 2018/956, the Member States and the manufacturers should be allowed to comment on and, if the case may be, report new information to correct the information reported previously.

(3) It is necessary that the corrections, resulting from heavy-duty vehicles that are certified as vocational vehicles but not registered as such, and applied to the annual average specific CO2 emissions of manufacturers, be proportionate and dissuasive, in order to incentivise a correct and careful processing of data and to avoid a wrong attribution of CO2 emissions of such vehicles, either by intention or due to negligence.

(4) Should the Commission consider that a vehicle should have been registered as a vocational vehicle, it should correct the data reported by Member States accordingly and consider the vehicle as vocational vehicle for the purposes of Article 2(3) of Regulation (EU) 2019/1242.

(5) Therefore, for the calculation of the average specific CO2 emissions of a manufacturer, wrongly attributed heavy-duty vehicles are considered with their CO2 emissions determined on vocational mission profiles, which are higher than CO2 emissions determined on delivery-type mission profiles and thereby less favourable for the manufacturer as if the vehicle had been correctly certified as a delivery vehicle from the beginning.

(6) The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Identification of heavy-duty vehicles certified as vocational vehicles but not registered as such

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...