
Article 1 
In order to contribute to the United Kingdom’s target of achieving net-zero greenhouse gas emissions by 2050 and to achieving the objectives of the Paris Agreement ... this Regulation sets CO2 emission performance requirements for new heavy-duty vehicles whereby the specific CO2 emissions of the UK fleet of new heavy-duty vehicles shall be reduced compared to the reference CO2 emissions as follows:

((a)) for the reporting periods of the year 2025 onwards by 15 %;
((b)) for the reporting periods of the year 2030 onwards by 30 %, unless decided otherwise pursuant to the review referred to in Article 15.
The reference CO2 emissions shall be based on the monitoring data reported pursuant to Regulation (EU) 2018/956 for the period from 1 July 2019 to 30 June 2020 (‘the reference period’), excluding vocational vehicles, and shall be calculated in accordance with point 3 of Annex I to this Regulation.
Article 2 

1. This Regulation shall apply to new heavy-duty vehicles of categories N2 and N3 that meet the following characteristics:
(a) rigid lorries with an axle configuration of 4×2 and a technically permissible maximum laden mass exceeding 16 tonnes;
(b) rigid lorries with an axle configuration of 6×2;
(c) tractors with an axle configuration of 4x2 and a technically permissible maximum laden mass exceeding 16 tonnes; and
(d) tractors with an axle configuration of 6x2.It shall also apply, for the purposes of Article 5 of, and point 2.3 of Annex I to, this Regulation, to new heavy-duty vehicles of category N that do not fall within the scope of Regulation (EU) No 510/2011 of the European Parliament and of the Council and do not meet the characteristics set out in points (a) to (d) of the first subparagraph.The vehicle categories referred to in the first and second subparagraphs of this paragraph refer to the vehicle categories as defined in Article 4 of and Annex 1 to Regulation (EU) 2018/858, as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. The Secretary of State may by regulations adopt a specific procedure for identifying heavy-duty vehicles that are certified as vocational vehicles pursuant to Regulation (EC) No 595/2009 and its implementing measures , as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, but are not registered as such, and shall apply corrections to the annual average specific CO2 emissions of a manufacturer to take those vehicles into account, starting from the reporting period of the year 2021 and for each subsequent reporting period. ...
Article 3 
For the purposes of this Regulation, the following definitions apply:

((1)) ‘reference CO2 emissions’ means the average of the specific CO2 emissions in the reference period referred to in the second paragraph of Article 1 of all new heavy-duty vehicles in each of the vehicle sub-groups, excluding vocational vehicles, determined in accordance with point 3 of Annex I;
((2)) ‘specific CO2 emissions’ means the CO2 emissions of an individual heavy-duty vehicle determined in accordance with point 2.1 of Annex I;
((3)) ‘reporting period of the year Y’ means the period from 1 July of the year Y to 30 June of the year Y+1;
((4)) ‘average specific CO2 emissions’ means the average of the specific CO2 emissions of a manufacturer’s new heavy-duty vehicles in a given reporting period determined in accordance with point 2.7 of Annex I;
((5)) ‘specific CO2 emissions target’ means the CO2 emissions target of an individual manufacturer, expressed in g/tkm and determined annually for the preceding reporting period in accordance with point 4 of Annex I;
((6)) ‘rigid lorry’ means a lorry that is not designed or constructed for the towing of a semi-trailer;
((7)) ‘tractor’ means a tractor unit that is designed and constructed exclusively or principally to tow semi-trailers;
((8)) ‘vehicle sub-group’ means a grouping of vehicles as defined in point 1 of Annex I, that are characterised by a common and distinctive set of technical criteria relevant for determining the CO2 emissions and fuel consumption of those vehicles;
((9)) ‘vocational vehicle’ means a heavy-duty vehicle for which the CO2 emissions and fuel consumption have been determined, in accordance with Regulation (EC) No 595/2009 and its implementing measures, as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, only for mission profiles other than those defined in point 2.1 of Annex I to this Regulation;
((10)) “manufacturer” means the person or body responsible:
(a) either—
(i) for submitting the data related to new heavy-duty vehicles pursuant to Article 5 of Regulation (EU) 2018/956; or
(ii) in the case of zero-emission heavy-duty vehicles, to the relevant approval authority for all aspects of any of the following—
(aa) the GB type-approval procedure in accordance with Regulation (EU) 2018/858 as it has effect in domestic law;
(bb) the UK (NI) type-approval procedure in accordance with Regulation (EU) 2018/858 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol;
(cc) the EU type-approval procedure in accordance with Regulation (EU) 2018/858 as it has effect has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol;
(dd) the individual type-approval procedure; and
(b) for ensuring conformity of production.
((11)) ‘zero-emission heavy-duty vehicle’ means a heavy-duty vehicle without an internal combustion engine, or with an internal combustion engine that emits less than 1 g CO2/kWh as determined in accordance with Regulation (EC) No 595/2009 and its implementing measures, as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, or which emits less than 1 g CO2/km as determined in accordance with Regulation (EC) No 715/2007 of the European Parliament and of the Council and its implementing measures , as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol;
((12)) ‘low-emission heavy-duty vehicle’ means a heavy-duty vehicle, other than a zero-emission heavy-duty vehicle, with specific CO2 emissions of less than half of the reference CO2 emissions of all vehicles in the vehicle sub-group to which the heavy-duty vehicle belongs, as determined in accordance with point 2.3.3 of Annex I;
((13)) ‘mission profile’ means a combination of a target speed cycle, a payload value, a body or trailer configuration and other parameters, if applicable, reflecting the specific use of a vehicle, on the basis of which official CO2 emissions and fuel consumption of a heavy-duty vehicle are determined;
((14)) ‘target speed cycle’ means the description of the vehicle velocity, which the driver wants to reach or to which he is limited by traffic conditions, as a function of the distance covered in a trip;
((15)) ‘payload’ means the weight of the goods that a vehicle is carrying under different conditions.
((16)) “GB type-approval” means the procedure whereby the approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements of Regulation (EU) 2018/858, and “GB type-approved” is to be construed accordingly;
((17)) “UK (NI) type-approval” means an EU type-approval granted by the Secretary of State in respect of Northern Ireland in accordance with Regulation (EU) 2018/858, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, and “UK (NI) type-approved” is to be construed accordingly;
((18)) “EU type-approval” means the procedure whereby an approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements of Regulation (EU) 2018/858, as it has effect in EU law as amended from time to time, and “EU type-approved” is to be construed accordingly;
((19)) “approval authority” means the authority or authorities with competence for all aspects of the type-approval of a vehicle, system, component or separate technical unit, or of the individual vehicle approval, for the authorisation process for parts and equipment, for issuing and, if appropriate, for withdrawing or refusing approval certificates, for designating the technical services, and for ensuring that the manufacturer meets its obligations regarding the conformity of production;
((20)) “type-approval certificate” means the document whereby the approval authority officially certifies that a type of vehicle, system, component or separate technical unit is type-approved;
((21)) “the Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
((22)) “new heavy-duty vehicle” means—
(a) a heavy-duty vehicle registered in the European Union or the United Kingdom for the first time during the reference period which has not been previously registered outside the European Union or the United Kingdom three months or more before it was registered in the European Union or the United Kingdom for the first time; and
(b) a heavy-duty vehicle registered in the United Kingdom for the first time during any period of 12 months starting from 1 July 2020 or from 1 July in any subsequent year which has not been previously registered outside the United Kingdom three months or more before it was registered in the United Kingdom for the first time.
Article 4 
For the reporting period beginning with 1 July 2021, and for each subsequent reporting period, the Secretary of State must determine for each manufacturer the average specific CO2 emissions in g/tkm for the preceding reporting period, by taking the following into account:

((a)) the data reported pursuant to Regulation (EU) 2018/956 for the manufacturer’s new heavy-duty vehicles registered in the preceding reporting period, excluding vocational vehicles; and
((b)) the zero- and low-emission factor determined in accordance with Article 5.
The average specific CO2 emissions shall be determined in accordance with point 2.7 of Annex I.
Article 5 

1. For the reporting period beginning with 1 July 2021, and for each subsequent reporting period, the Secretary of State must determine for each manufacturer the zero- and low-emission factor for the preceding reporting period.The zero- and low-emission factor shall take into account the number and the CO2 emissions of zero- and low-emission heavy-duty vehicles in the manufacturer’s fleet in a reporting period, including zero-emission heavy-duty vehicles referred to in the second subparagraph of Article 2(1), as well as zero- and low-emission vocational vehicles and shall be determined in accordance with point 2.3 of Annex I.
2. For the reporting periods 2020 to 2024, the zero- and low-emission heavy-duty vehicles shall be counted as follows for the purposes of paragraph 1:
(a) a zero-emission heavy-duty vehicle shall be counted as two vehicles; and
(b) a low-emission heavy-duty vehicle shall be counted as up to two vehicles according to a function of its specific CO2 emissions and the low-emission threshold of the vehicle sub-group to which the vehicle belongs as defined in point 2.3.3 of Annex I.The zero- and low-emission factor shall be determined in accordance with point 2.3.1 of Annex I.
3. For the reporting periods from 2025, onwards the zero- and low-emission factor shall be determined on the basis of a 2 % benchmark in accordance with point 2.3.2 of Annex I.
4. The zero- and low-emission factor shall reduce the average specific CO2 emissions of a manufacturer by a maximum of 3 %. The contribution of the zero-emission heavy-duty vehicles referred to in the second subparagraph of Article 2(1) to that factor shall reduce the average specific CO2 emissions of a manufacturer by a maximum of 1,5 %.
Article 6 
Starting from 1 July 2026 and in each subsequent reporting period, the Secretary of State shall determine for each manufacturer a specific CO2 emissions target for the preceding reporting period. That specific CO2 emissions target shall be the sum, over all vehicle sub-groups, of the products of the following values:

((a)) the CO2 emissions reduction target referred to in point (a) or (b) of the first paragraph of Article 1, as applicable;
((b)) the reference CO2 emissions;
((c)) the manufacturer’s share of vehicles in each vehicle sub-group;
((d)) the annual mileage and payload weighting factors applied to each vehicle sub-group.
The specific CO2 emissions target shall be determined in accordance with point 4 of Annex I.
Article 7 

1. For the purpose of determining a manufacturer’s compliance with its specific CO2 emissions targets in the reporting periods of the years 2025 to 2029, account shall be taken of its emission credits or emission debts determined in accordance with point 5 of Annex I, which correspond to the number of new heavy-duty vehicles, excluding vocational vehicles, of the manufacturer in a reporting period, multiplied by:
(a) the difference between the CO2 emissions reduction trajectory as referred to in paragraph 2 and the average specific CO2 emissions of that manufacturer, if that difference is positive (‘emission credits’); or
(b) the difference between the average specific CO2 emissions and the specific CO2 emissions target of that manufacturer, if that difference is positive (‘emission debts’).Emission credits shall be acquired in the reporting periods of the years 2020 to 2029. However, the emission credits acquired in the reporting periods of the years 2020 to 2024 shall be taken into account for the purpose of determining the manufacturer’s compliance with the specific CO2 emissions target of the reporting period of the year 2025 only.Emission debts shall be acquired in the reporting periods of the years 2025 to 2029. However, the total emission debt of a manufacturer shall not exceed 5 % of the manufacturer’s specific CO2 emissions target in the reporting period of the year 2025 multiplied by the number of heavy-duty vehicles of the manufacturer in that period (‘emission debt limit’).Emission credits and emission debts acquired in the reporting periods of the years 2025 to 2028 shall, where applicable, be carried-over from one reporting period to the next reporting period. Any remaining emission debts shall be cleared in the reporting period of the year 2029.
2. The CO2 emissions reduction trajectory shall be set for each manufacturer in accordance with point 5.1 of Annex I, based on a linear trajectory between the reference CO2 emissions referred to in the second paragraph of Article 1 and the CO2 emissions target for the reporting period of the year 2025 as specified in point (a) of the first paragraph of that Article, and between the CO2 emissions target for the reporting period of the year 2025 and the CO2 emissions target for the reporting periods of the year 2030 onwards as specified in point (b) of the first paragraph of that Article.
Article 8 

1. Where a manufacturer is found, pursuant to paragraph 2, to have excess CO2 emissions in a given reporting period from 2025 onwards, the Secretary of State shall impose an excess CO2 emissions premium, calculated in accordance with the following formula:
(a) from 2025 to 2029,(Excess CO2 emissions premium) = (Excess CO2 emissions × £3,830/gCO2/tkm)
(b) from 2030 onwards,(Excess CO2 emissions premium) = (Excess CO2 emissions × £6,130/gCO2/tkm).
2. A manufacturer shall be deemed to have excess CO2 emissions in any of the following cases:
(a) where, in any of the reporting periods of the years 2025 to 2028, the sum of the emission debts reduced by the sum of the emission credits exceeds the emission debt limit referred to in the third subparagraph of Article 7(1);
(b) where, in the reporting period of the year 2029, the sum of the emission debts reduced by the sum of the emission credits is positive;
(c) where, from the reporting period of the year 2030 onwards, the manufacturer’s average specific CO2 emissions exceed its specific CO2 emissions target.The excess CO2 emissions in a given reporting period shall be calculated in accordance with point 6 of Annex I.
3. The Secretary of State may by regulations determine the means for collecting excess CO2 emissions premiums under paragraph 1 of this Article. ...
4. The excess CO2 emissions premiums must be paid into the Consolidated Fund.
Article 9 

1. Type-approval authorities shall, without delay, report to the Secretary of State any deviations in the CO2 emission values of heavy-duty vehicles in service as compared to the values that are indicated in certificates of conformity or in the customer information file referred to in Article 9(4) of Regulation (EU) 2017/2400 , as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,  as a result of verifications performed in accordance with the procedure referred to in Article 13 of this Regulation.
2. The Secretary of State must take into account the deviations referred to in paragraph 1 and any other deviations from information provided by the manufacturer for the purpose of calculating the average specific CO2 emissions of a manufacturer and the reference CO2 emissions, but is not required to take into account such deviations if a recalculation of a manufacturer’s average specific CO2 emissions or the reference CO2 emissions results in a deviation of less than 0.1% from the original calculation. The Secretary of State must, where appropriate, amend the list referred to in Article 11(1).
3. The Secretary of State may by regulations adopt detailed rules on the procedures for reporting such deviations and for taking them into account in the calculation of the average specific CO2 emissions. ...
Article 10 
In order to ensure the robustness and representativeness of the reference CO2 emissions as a basis for determining the United Kingdom fleet-wide CO2 emissions targets, the Secretary of State may by regulations establish the methodology for assessing the application of the conditions under which the reference CO2 emissions have been determined and establish the criteria to determine whether those emissions have been unduly increased and, if so, how they are to be corrected.
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Article 11 

1. By 30 April 2022 and in each subsequent year, the Secretary of State must publish a list indicating:
(a) from 1 July 2021, for each manufacturer, its average specific CO2 emissions in the preceding reporting period, as referred to in Article 4;
(b) from 1 July 2021, for each manufacturer, its zero- and low-emission factor in the preceding reporting period, as referred to in Article 5(1);
(c) from 1 July 2026, for each manufacturer, its specific CO2 emissions target for the preceding reporting period, as referred to in Article 6;
(d) from 1 July 2021 until 30 June 2031, for each manufacturer, its CO2 emissions reduction trajectory, its emission credits and, from 1 July 2026 until 30 June 2031, its emission debts in the preceding reporting period, as referred to in Article 7;
(e) from 1 July 2026, for each manufacturer, its excess CO2 emissions in the preceding reporting period, as referred to in Article 8(1);
(f) from 1 July 2021, the average specific CO2 emissions of all new heavy-duty vehicles registered in the United Kingdom in the preceding reporting period.The list to be published by 30 April 2021 shall include the reference CO2 emissions referred to in the second paragraph of Article 1.
2. The Secretary of State may be regulations adjust the reference CO2 emissions in accordance with the following:
(a) where the mission profile weights or the payload values have been adjusted pursuant to point (b) or (c) of Article 14(1), by applying the procedure set out in point 1 of Annex II;
(b) where adjustment factors have been determined pursuant to Article 14(2), by applying those adjustment factors to the reference CO2 emissions;
(c) where an undue increase in the reference CO2 emissions has been determined in accordance with the methodology referred to in Article 10, by correcting the reference CO2 emissions by 30 April 2022.The Secretary of State must publish the adjusted reference CO2 emissions values and must apply those values for the calculation of the manufacturer specific CO2 emissions targets applicable in the reporting periods starting from the date of application of the regulations adjusting the values.
Article 12 

1. The Secretary of State must monitor and assess the real-world representativeness of the CO2 emissions and energy consumption values determined within the framework of Regulation (EC) No 595/2009 , as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol.Furthermore, the  Secretary of State must  regularly collect data on the real-world CO2 emissions and energy consumption of heavy-duty vehicles using on-board fuel and/or energy consumption monitoring devices, starting with new heavy-duty vehicles registered from the date of application of the measures referred to in point (b) of Article 5c of Regulation (EC) No 595/2009 , as it has effect in domestic law, and Article 5c of Regulation (EC) No 595/2009, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol.The  Secretary of State must  ensure that the public is informed of how that representativeness evolves over time.
2. For the purpose of paragraph 1 of this Article, the Secretary of State must ensure that the following parameters relating to real-world CO2 emissions and energy consumption of heavy-duty vehicles are made available to it at regular intervals, starting from the date of application of the measures referred to in point (b) of Article 5c of Regulation (EC) No 595/2009, as it has effect in domestic law, and Article 5c of Regulation (EC) No 595/2009, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, by manufacturers, other agencies of the Secretary of State or through direct data transfer from vehicles, as the case may be:
(a) vehicle identification number;
(b) fuel and electric energy consumed;
(c) total distance travelled;
(d) payload;
(e) for externally chargeable hybrid electric heavy-duty vehicles, the fuel and electric energy consumed, and the distance travelled distributed over the different driving modes;
(f) other parameters necessary to ensure that the obligations set out in paragraph 1 of this Article can be met.The   Secretary of State must   process the data received under the first subparagraph of this paragraph to create an anonymised and aggregated dataset, including per manufacturer, for the purposes of paragraph 1. The vehicle identification numbers shall be used only for the purpose of that data processing and shall not be retained longer than needed for that purpose.
3. In order to prevent the real-world emissions gap from growing, the Secretary of State must, not later than two years and five months following the date of application of the measures referred to in point (b) of Article 5c of Regulation (EC) No 595/2009, assess how fuel and energy consumption data may be used to ensure that the vehicle CO2 emission and energy consumption values determined pursuant to that Regulation remain representative of real-world emissions over time for each manufacturer.The Secretary of State must monitor and report annually on how the gap referred to in the first subparagraph evolves, and must, with a view to preventing an increase in that gap, assess, in 2027, the feasibility of a mechanism to adjust the manufacturer’s average specific CO2 emissions as of 2030, and, if appropriate, may by regulations put such a mechanism in place.
4. The Secretary of State may determine by regulations the detailed procedure for collecting and processing the data referred to in paragraph 2 of this Article. ...
Article 13 

1. Manufacturers shall ensure that the CO2 emission and fuel consumption values recorded in the customer information file referred to in Article 9(4) of Regulation (EU) 2017/2400 , as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, correspond to the CO2 emissions from and fuel consumption of heavy-duty vehicles in-service as determined in accordance with that Regulation , as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol.
2. Following the entry into force of the procedures referred to in paragraph 4, type-approval authorities shall verify, for those manufacturers to which they have granted a licence to operate the simulation tool in accordance with Regulation (EC) No 595/2009 and its implementing measures, as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, on the basis of appropriate and representative vehicle samples, that the CO2 emission and fuel consumption values recorded in the customer information files correspond to the CO2 emissions from and fuel consumption of heavy-duty vehicles in-service as determined in accordance with that Regulation and its implementing measures, as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, while considering, inter alia, using available data from on-board fuel and/or energy consumption monitoring devices.Type-approval authorities shall also verify the presence of any strategies on board or relating to the sampled vehicles that artificially improve the vehicle’s performance in the tests performed or in the calculations made for the purpose of certifying the CO2 emissions and fuel consumption by, inter alia, using data from on-board fuel and/or energy consumption monitoring devices.
3. Where a lack of correspondence of CO2 emission and fuel consumption values which cannot be attributed to a malfunctioning of the simulation tool, or the presence of any strategies artificially improving a vehicle’s performance, is found as a result of the verifications performed pursuant to paragraph 2, the responsible type-approval authority shall, in addition to taking the necessary measures set out in Chapter XI of Regulation (EU) 2018/858 (as it has effect in domestic law in the case of vehicles with GB type-approval, and as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol in the case of vehicles with UK (NI) type-approval), ensure that the customer information files, the certificates of conformity and the individual approval certificates are corrected, as the case may be.
4. The Secretary of State may by regulations prescribe the procedures for performing the verifications referred to in paragraph 2 of this Article. ......
Article 14 

1. In order to ensure that the technical parameters used for the calculation of the average specific CO2 emissions of a manufacturer pursuant to Article 4 and the calculation of the specific CO2 emissions targets pursuant to Article 6 take into account technical progress and the evolution of freight transport logistics, the Secretary of State may by regulations amend the following provisions set out in Annexes I and II:
(a) the entries for cab type and engine power set out in Table 1 of Annex I and the definitions of ‘sleeper cab’ and ‘day cab’ referred to in that Table;
(b) the mission profile weights set out in Table 2 of Annex I;
(c) the payload values set out in Table 3 of Annex I, and the payload adjustment factors set out in Table 1 of Annex II;
(d) the annual mileage values set out in Table 4 of Annex I.
2. Where the type-approval procedures laid down in Regulation (EC) No 595/2009 and its implementing measures , as that Regulation and its implementing measures have effect in domestic law, and as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, are modified by amendments other than those referred to in points (b) and (c) of paragraph 1 of this Article in such a way that the level of the CO2 emissions of the representative vehicles defined pursuant to this paragraph increase or decrease by more than 5 g CO2/km, the Secretary of State may, in accordance with point (b) of the first subparagraph of Article 11(2), apply an adjustment factor to the reference CO2 emissions that is to be calculated in accordance with the formula set out in point 2 of Annex II.
3. The Secretary of State may by regulations establish a methodology for defining one or more representative vehicles of a vehicle sub-group, including their statistical weightings, on the basis of which the adjustment referred to in paragraph 2 of this Article shall be determined, taking into account the monitoring data reported pursuant to Regulation (EU) 2018/956 and the technical characteristics of the vehicles listed in Article 12(1) of Regulation (EU) 2017/2400 , as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol. ...
Article 15 

1. By 31 December 2022, the Secretary of State must lay before Parliament a report on the effectiveness of this Regulation, on the CO2 emissions reduction target and the level of the incentive mechanism for zero- and low-emission heavy-duty vehicles applicable from 2030, on setting CO2 emissions reduction targets for other types of heavy-duty vehicles, including trailers, buses and coaches, and vocational vehicles, and on the introduction of binding CO2 emissions reduction targets for heavy-duty vehicles for 2035 and 2040 onwards. The 2030 target shall be assessed in accordance with the United Kingdom’s target of achieving net-zero green-house gas emissions by 2050.
2. The report referred to in paragraph 1 of this Article shall also, in particular, include the following:
(a) an assessment of the effectiveness of the system of emission credits and emission debts referred to in Article 7 and the appropriateness of extending its application to 2030 and beyond;
(b) an assessment of the deployment of zero- and low-emission heavy-duty vehicles, taking into account the targets set out in the Cleaner Road Transport Vehicles Regulations 2011 and the Cleaner Road Transport Vehicles (Scotland) Regulations 2010, as well as relevant parameters and conditions affecting the placing on the market of such heavy-duty vehicles;
(c) an assessment of the effectiveness of the incentive mechanism for zero- and low-emission heavy-duty vehicles set out in Article 5 and the appropriateness of its different elements, with a view to adjusting it for the period after 2025 towards a possible differentiation by zero-emission driving range and vehicle sub-group, combined with mileage payload weighting factors, with a date of application that provides at least three years of lead time;
(d) an assessment of the roll-out of the necessary recharging and refuelling infrastructure, of the possibility of introducing engine CO2 emission performance standards, in particular for vocational vehicles, and of the real-world representativeness of the CO2 emission and fuel consumption values determined in accordance with Regulation (EU) 2017/2400 , as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol;
(e) strictly for the purpose of this Regulation, considerations of heavy-duty vehicles and vehicle combinations taking into account weights and dimensions applicable to national transport, for example modular and intermodal concepts, while also assessing possible transport safety and efficiency aspects, intermodal, environmental, infrastructural and rebound effects ...;
(f) an assessment of the VECTO simulation tool to ensure that this tool is updated continually and in a timely manner;
(g) an assessment of the possibility of developing a specific methodology to include the potential contribution to CO2 emissions reductions of the use of synthetic and advanced alternative liquid and gaseous renewable fuels, including e-fuels, produced with renewable energy and meeting the sustainability and greenhouse gas emissions saving criteria referred to in the Renewable Transport Fuel Obligation Order 2007;
(h) an assessment of the feasibility of introducing an open, transparent and non-discriminatory pooling mechanism between manufacturers;
(i) an assessment of the level of the excess CO2 emissions premium to ensure that it exceeds the average marginal costs of the technologies needed to meet the CO2 emissions targets.
3. The report referred to in paragraph 1 shall, where appropriate, be accompanied by a legislative proposal to amend this Regulation.
4. As part of the evaluation pursuant to Article 15(5) of Regulation (EU) 2019/631, the Secretary of State must evaluate the possibility to assign the revenues from the excess CO2 emissions premiums to a specific fund or a relevant programme, with the objective of ensuring a just transition towards a climate-neutral economy as referred to in Article 4.1 of the Paris Agreement, in particular to support re-skilling, up-skilling and other skills training and reallocation of workers in the automotive sector in the United Kingdom, in particular in the regions and the communities most affected by the transition.  The Secretary of State may by regulations make provision to that effect by 31 December 2027.
5. The Secretary of State must, not later than 2023, evaluate the possibility of developing a common United Kingdom methodology for the assessment, and the consistent data reporting, of the full life-cycle CO2 emissions of new heavy-duty vehicles that are placed on the United Kingdom market. The Secretary of State must lay a report containing that evaluation before Parliament and may by regulations make provision for follow-up measures.
Article 16 

1. Any power to make regulations under this Regulation—
(a) is exercisable by the Secretary of State by statutory instrument; and
(b) includes power to make:
(i) different provision for different purposes;
(ii) consequential, supplementary, transitional or transitory provision or savings.
2. A statutory instrument containing regulations under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
Article 17 
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Article 18 
Regulation (EC) No 595/2009 is amended as follows:

((1)) in Article 2, first paragraph, the following sentence is added:
'It shall also apply, for the purpose of Articles 5a, 5b, and 5c, to vehicles of categories O3 and O4.';
((2)) the following Articles are inserted:
'
Article 5a 

1. Manufacturers shall ensure that new vehicles of categories O3 and O4 that are sold, registered or put into service meet the following requirements:
(a) the influence of those vehicles on the CO2 emissions, fuel consumption, electric consumption and zero-emission driving range of motor vehicles is determined in accordance with the methodology referred to in point (a) of Article 5c;
(b) they are fitted with on-board devices for the monitoring and recording of the payload in accordance with the requirements referred to in point (b) of Article 5c.
2. Manufacturers shall ensure that new vehicles of categories M2, M3, N2 and N3 that are sold, registered or put into service are fitted with on-board devices for the monitoring and recording of fuel and/or energy consumption, payload and mileage in accordance with the requirements referred to in point (b) of Article 5c.They shall also ensure that the zero-emission driving range and electricity consumption of those vehicles are determined in accordance with the methodology referred to in point (c) of Article 5c.
Article 5b 

1. National authorities shall, in accordance with the implementing measures referred to in Article 5c, refuse to grant EC type-approval or national type-approval in respect of new vehicle types of categories M2, M3, N2, N3, O3 and O4 which do not comply with the requirements set out in those implementing measures.
2. National authorities shall, in accordance with the implementing measures referred to in Article 5c, prohibit the sale, registration or entry into service of new vehicles of categories M2, M3, N2, N3, O3 and O4 which do not comply with the requirements set out in those implementing measures.
Article 5c 
By 31 December 2021, the Commission shall, by means of implementing acts, adopt the following measures:

((a)) a methodology for assessing the performance of vehicles of categories O3 and O4 with regard to their influence on the CO2 emissions, fuel consumption, electricity consumption and zero-emission driving ranges of motor vehicles;
((b)) technical requirements for the fitting of on-board devices for the monitoring and recording of fuel and/or energy consumption and mileage of motor vehicles of categories M2, M3, N2 and N3, and for determining and recording the payloads or total weight of vehicles meeting the characteristics set out in point (a), (b), (c) or (d) of the first subparagraph of Article 2(1) of Regulation (EU) 2019/1242 of the European Parliament and of the Council and of their combinations with category O3 and O4 vehicles, including the transmission of data between vehicles within a combination, as necessary;
((c)) a methodology for determining the zero-emission driving range and electricity consumption of new vehicles of categories M2, M3, N2 and N3.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13a.';
((3)) the following Article is added:
'
Article 13a 

1. The Commission shall be assisted by the Technical Committee for Motor Vehicles established by Regulation (EU) 2018/858 of the European Parliament and of the Council. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
3. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.'.
Article 19 
Regulation (EU) 2018/956 is amended as follows:

((1)) Article 3 is replaced by the following:
'
Article 3 
For the purposes of this Regulation, the definitions set out in Directive 2007/46/EC of the European Parliament and of the Council, in Regulation (EC) No 595/2009 and in Regulation (EU) 2019/1242 of the European Parliament and of the Council apply.';
((2)) in Article 4, paragraph 1 is replaced by the following:
'
1. Starting from 1 January 2019, Member States shall monitor the data specified in Part A of Annex I relating to new heavy-duty vehicles registered for the first time in the Union.By 30 September each year, starting in 2020, the competent authorities of the Member States shall report those data of the previous reporting period of 1 July to 30 June to the Commission in accordance with the reporting procedure set out in Annex II.With regard to 2019, the data reported by 30 September 2020 shall include data monitored from 1 January 2019 to 30 June 2020.Data relating to new heavy-duty vehicles that were registered previously outside the Union shall not be monitored and reported, unless that registration was made less than three months before registration in the Union.';
((3)) in Article 5, paragraph 1 is replaced by the following:
'
1. From the starting years set out in point 1 of Part B of Annex I, manufacturers of heavy-duty vehicles shall monitor the data specified in point 2 of Part B of Annex I, for each new heavy-duty vehicle.By 30 September each year, from the starting years set out in point 1 of Part B of Annex I, manufacturers of heavy-duty vehicles shall report those data for each new heavy-duty vehicle with a date of simulation falling within the preceding reporting period of 1 July to 30 June to the Commission in accordance with the reporting procedure set out in Annex II.With regard to 2019, manufacturers shall report the data for each new heavy-duty vehicle with a date of simulation falling within the period 1 January 2019 to 30 June 2020.The date of simulation shall be the date reported in accordance with data entry 71 in point 2 of Part B of Annex I.';
((4)) in Article 10, paragraph 1 is replaced by the following:
'
1. By 30 April every year, the Commission shall publish an annual report with its analysis of the data transmitted by Member States and manufacturers for the preceding reporting period.';
((5)) in Annex II, point 3.2 is replaced by the following:
'
3.2. The data relating to heavy-duty vehicles registered in the preceding reporting period and recorded in the Register shall be made public by 30 April each year, starting from 2021, with the exception of the data entries specified in Article 6(1).'.
Article 20 
Directive 96/53/EC is amended as follows:

((1)) in Article 2, the following definition is inserted after the definition of ‘alternatively fuelled vehicle’:
'
— “zero-emission vehicle” shall mean a zero-emission heavy-duty vehicle as defined in point (11) of Article 3 of Regulation (EU) 2019/1242 of the European Parliament and of the Council.';
((2)) Article 10b is replaced by the following:
'
Article 10b 
The maximum authorised weights of alternatively fuelled or zero-emission vehicles shall be those set out in points 2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.3.1, 2.3.2 and 2.4 of Annex I.
Alternatively fuelled or zero-emission vehicles shall also comply with the maximum authorised axle weight limits set out in point 3 of Annex I.
The additional weight required by alternatively fuelled or zero-emission vehicles shall be defined on the basis of the documentation provided by the manufacturer when the vehicle in question is approved. That additional weight shall be indicated in the official proof required in accordance with Article 6.
The Commission shall be empowered to adopt delegated acts in accordance with Article 10h to update, for the purposes of this Directive, the list of alternative fuels referred to in Article 2 that require additional weight. It is of particular importance that the Commission follow its usual practice and carry out consultations with experts, including Member States’ experts, before adopting those delegated acts.';
((3)) Annex I is amended as follows:

((a)) the following subparagraph is added to the second column of points 2.2.1, 2.2.2, 2.2.3 and 2.2.4:
'In the case of vehicle combinations including alternatively fuelled or zero-emission vehicles, the maximum authorised weights provided for in this section shall be increased by the additional weight of the alternative fuel or zero-emission technology with a maximum of 1 tonne and 2 tonnes respectively.';
((b)) the following subparagraph is added to the second column of point 2.3.1:
'Zero-emission vehicles: the maximum authorised weight of 18 tonnes is increased by the additional weight of the zero-emission technology with a maximum of 2 tonnes.';
((c)) the following subparagraph is added to the third column of point 2.3.2:
'Three-axle zero-emission vehicles: the maximum authorised weight of 25 tonnes, or 26 tonnes where the driving axle is fitted with twin tyres and air suspension or suspension recognised as being equivalent within the Union as defined in Annex II or where each driving axle is fitted with twin tyres and the maximum weight of each axle does not exceed 9,5 tonnes, is increased by the additional weight of the zero-emission technology with a maximum of 2 tonnes.';
((d)) the following subparagraph is added to the third column of point 2.4:
'Three-axle articulated buses that are zero-emission vehicles: the maximum authorised weight of 28 tonnes is increased by the additional weight of the zero-emission technology with a maximum of 2 tonnes.'.
Article 21 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...Done at Brussels, 20 June 2019.
For the European Parliament
The President
A. TAJANI
For the Council
The President
G. CIAMBA
ANNEX I
1. 
Each new heavy-duty vehicle shall be attributed to one of the vehicle sub-groups defined in Table 1 in accordance with the conditions set out therein.


Heavy-duty vehicles Cab type Engine power Vehicle sub-group (sg)
Rigid lorries with axle configuration 4 × 2 and technically permissible maximum laden mass > 16 tonnes All < 170 kW 4-UD
Day cab ≥ 170 kW 4-RD
Sleeper cab ≥ 170 kW and < 265 kW
Sleeper cab ≥ 265 kW 4-LH
Rigid lorries with axle configuration 6 × 2 Day cab All 9-RD
Sleeper cab 9-LH
Tractors with axle configuration 4 × 2 and technically permissible maximum laden mass > 16 tonnes Day cab All 5-RD
Sleeper cab < 265 kW
Sleeper cab ≥ 265 kW 5-LH
Tractors with axle configuration 6 × 2 Day cab All 10-RD
Sleeper cab 10-LH

‘Sleeper cab’ means a type of cab that has a compartment behind the driver’s seat intended to be used for sleeping as reported in accordance with Regulation (EU) 2018/956.

‘Day cab’ means a type of cab that is not a sleeper cab.

If a new heavy-duty vehicle cannot be attributed to a vehicle sub-group because information on the cab type or engine power is not available, it shall be attributed to the long-haul (LH) vehicle sub-group corresponding to its chassis type (rigid lorry or tractor) and axle configuration (4 × 2 or 6 × 2).

Where a new heavy-duty vehicle is attributed to vehicle sub-group 4-UD, but data on the CO2 emissions in g/km are not available for the UDL or UDR mission profiles as defined in Table 2 of point 2.1, the new heavy-duty vehicle shall be attributed to vehicle sub-group 4-RD.

2.  2.1. 
The specific CO2 emissions in g/km of a new heavy-duty vehicle v (CO2v), attributed to the vehicle sub-group sg shall be calculated as follows:
CO2v=∑mpWsg,mp×CO2v,mp
where:

∑mpis the sum over all mission profiles mp listed in Table 2;sgis the vehicle sub-group to which the new heavy-duty vehicle v has been attributed according to point 1 of this Annex;Wsg,mpis the mission profile weight specified in Table 2;CO2v,mpis the CO2 emissions in g/km of a new heavy-duty vehicle v determined for a mission profile mp and reported in accordance with Regulation (EU) 2018/956.

The specific CO2 emissions of a zero-emission heavy-duty vehicle shall be set to 0 g CO2/km.

The specific CO2 emissions of a vocational vehicle shall be the average of the CO2 emissions in g/km reported in accordance with Regulation (EU) 2018/956.


Vehicle sub-group (sg) Mission profile (mp)
RDL RDR LHL LHR UDL UDR REL, RER, LEL, LER
4-UD 0 0 0 0 0,5 0,5 0
4-RD 0,45 0,45 0,05 0,05 0 0 0
4-LH 0,05 0,05 0,45 0,45 0 0 0
9-RD 0,27 0,63 0,03 0,07 0 0 0
9-LH 0,03 0,07 0,27 0,63 0 0 0
5-RD 0,27 0,63 0,03 0,07 0 0 0
5-LH 0,03 0,07 0,27 0,63 0 0 0
10-RD 0,27 0,63 0,03 0,07 0 0 0
10-LH 0,03 0,07 0,27 0,63 0 0 0



RDL Regional delivery payload low
RDR Regional delivery payload representative
LHL Long haul payload low
LHR Long haul payload representative
UDL Urban delivery payload low
UDR Urban delivery payload representative
REL Regional delivery (EMS) payload low
RER Regional delivery (EMS) payload representative
LEL Long haul (EMS) payload low
LER Long haul (EMS) payload representative
 2.2. 
For each manufacturer and each reporting period, the average specific CO2 emissions in g/tkm of all new heavy-duty vehicles in the vehicle sub-group sg (avgCO2sg) shall be calculated as follows:
avgCO2sg=∑vCO2vVsg×PLsg
where:

∑vis the sum over all new heavy-duty vehicles of the manufacturer in the vehicle sub-group sg, excluding vocational vehicles, in accordance with point (a) of the first paragraph of Article 4;CO2vis the specific CO2 emissions of a new heavy-duty vehicle v determined in accordance with point 2.1;Vsgis the number of new heavy-duty vehicles of the manufacturer in the vehicle sub-group sg, excluding vocational vehicles, in accordance with point (a) of the first paragraph of Article 4;PLsgis the average payload of vehicles in the vehicle sub-group sg as determined in point 2.5.
 2.3.  2.3.1. 
For each manufacturer and reporting period from 2020 to 2024, the zero- and low-emission factor (ZLEV) referred to in Article 5 shall be calculated as follows:

ZLEV=V∕Vconv+ Vzlev with a minimum of 0,97

where:

Vis the number of new heavy-duty vehicles of the manufacturer that meet the characteristics set out in the first subparagraph of Article 2(1), excluding vocational vehicles, in accordance with point (a) of the first paragraph of Article 4;Vconvis the number of new heavy-duty vehicles of the manufacturer that meet the characteristics set out in the first subparagraph of Article 2(1), excluding vocational vehicles, in accordance with point (a) of the first paragraph of Article 4 and excluding zero- and low-emission heavy-duty vehicles;Vzlevis the sum of Vin and Vout,
where:
Vin is ∑v1+1− CO2v∕LETsg
with ∑v being the sum over all new zero- and low-emission heavy-duty vehicles that meet the characteristics set out in the first subparagraph of Article 2(1);CO2vis the specific CO2 emissions in g/km of a zero- or low-emission heavy-duty vehicle v determined in accordance with point 2.1;LETsgis the low-emission threshold of the vehicle sub-group sg to which the vehicle v belongs as defined in point 2.3.3;Voutis the total number of newly registered zero-emission heavy-duty vehicles referred to in the second subparagraph of Article 2(1), multiplied by 2, and with a maximum of 1,5 % of Vconv.
 2.3.2. 
For each manufacturer and reporting period, the zero- and low-emission factor (ZLEV) referred to in Article 5 shall be calculated as follows:

ZLEV=1−y−xunless this sum is larger than 1 or lower than 0,97 in which case the ZLEV factor shall be set to 1 or 0,97, as the case may be

where:

xis 0,02yis the sum of Vin and Vout, divided by Vtotal, where:Vinis the total number of newly registered low- and zero-emission heavy-duty vehicles that meet the characteristics set out in the first subparagraph of Article 2(1), where each of them is counted as ZLEVspecific in accordance with the formula below:
ZLEVspecific=1−CO2v∕LETsg
where:
CO2vis the specific CO2 emissions in g/km of a zero- or low-emission heavy-duty vehicle v determined in accordance with point 2.1;LETsgis the low-emission threshold of the vehicle sub-group sg to which the vehicle v belongs as defined in point 2.3.3;Voutis the total number of newly registered zero-emission heavy-duty vehicles referred to in the second subparagraph of Article 2(1), and with a maximum of 0,035 of Vtotal;Vtotalis the total number of newly registered heavy-duty vehicles of the manufacturer in that reporting period.Where Vin/Vtotal is lower than 0,0075, the ZLEV factor shall be set to 1.
 2.3.3. 
The low-emission threshold LETsg of the vehicle sub-group sg is defined as follows:

LETsg=rCO2sg× PLsg∕ 2

where:

rCO2sgis the reference CO2 emissions of the vehicle sub-group sg, as determined in point 3;PLsgis the average payload of vehicles in the vehicle sub-group sg, as determined in point 2.5.
 2.4. 
For each manufacturer and each reporting period, the share of new heavy-duty vehicles in the vehicle sub-group sg (sharesg) shall be calculated as follows:
sharesg=VsgV
where:

Vsgis the number of new heavy-duty vehicles of the manufacturer in the vehicle sub-group sg, excluding vocational vehicles, in accordance with point (a) of the first paragraph of Article 4;Vis the number of new heavy-duty vehicles of the manufacturer, excluding vocational vehicles, in accordance with point (a) of the first paragraph of Article 4.
 2.5. 
The average payload value of a vehicle in the vehicle sub-group sg (PLsg) shall be calculated as follows:
PLsg=∑mpWsg,mp×PLsg,mp
where:

∑mpis the sum over all mission profiles mp;Wsg,mpis the mission profile weight specified in Table 2 under point 2.1;PLsg,mpis the payload value attributed to the vehicles in the vehicle sub-group sg for the mission profile mp, as specified in Table 3.


Vehicle sub-group sg Mission profile mp
RDL RDR LHL LHR UDL UDR REL RER LEL LER
4-UD 0,9 4,4 1,9 14 0,9 4,4 3,5 17,5 3,5 26,5
4-RD
4-LH
5-RD 2,6 12,9 2,6 19,3 2,6 12,9 3,5 17,5 3,5 26,5
5-LH
9-RD 1,4 7,1 2,6 19,3 1,4 7,1 3,5 17,5 3,5 26,5
9-LH
10-RD 2,6 12,9 2,6 19,3 2,6 12,9 3,5 17,5 3,5 26,5
10-LH

 2.6. 
The mileage and payload weighting factor (MPWsg) of the vehicle sub-group sg is defined as the product of the annual mileage specified in Table 4 and the payload value per vehicle sub-group specified in Table 3 of point 2.5, normalised to the respective value for vehicle sub-group 5-LH, and shall be calculated as follows:
MPWsg=AMsg×PLsgAM5−LH×PL5−LH
where:

AMsgis the annual mileage specified in Table 4 for the vehicles in the respective vehicle sub-group;AM5-LHis the annual mileage specified for the vehicle sub-group 5-LH in Table 4;PLsgis the average payload value as determined in point 2.5;PL5-LHis the average payload value for the vehicle sub-group 5-LH as determined in point 2.5.


Vehicle sub-group sg Annual mileage AMsg (in km)
4-UD 60 000
4-RD 78 000
4-LH 98 000
5-RD 78 000
5-LH 116 000
9-RD 73 000
9-LH 108 000
10-RD 68 000
10-LH 107 000
 2.7. 
For each manufacturer and each reporting period, the average specific CO2 emissions in g/tkm (CO2) shall be calculated as follows:
CO2=ZLEV×∑sgshare,sg×MPWsg×avgCO2sg
where:

∑sgis the sum over all vehicle sub-groups;ZLEVis the zero- and low-emission factor as determined in point 2.3;share,sgis the share of new heavy-duty vehicles in the vehicle sub-group sg as determined in point 2.4;MPWsgis the mileage and payload weighting factor as determined in point 2.6;avgCO2sgis the average specific CO2 emissions in g/tkm as determined in point 2.2.

3. 
The reference CO2 emissions (rCO2sg) shall be calculated for each vehicle sub-group sg on the basis of all new heavy-duty vehicles of all manufacturers of the reference period as follows:

rCO2sg=∑vCO2v∕PLsgrVsg

where:

∑vis the sum over all new heavy-duty vehicles registered in the reference period in the vehicle sub-group sg, excluding vocational vehicles, in accordance with the second paragraph of Article 1;CO2vare the specific CO2 emissions of the new heavy-duty vehicle v as determined in accordance with point 2.1, if applicable adjusted pursuant to Annex II;rVsgis the number of all new heavy-duty vehicles registered in the reference period in the vehicle sub-group sg, excluding vocational vehicles, in accordance with the second paragraph of Article 1;PLsgis the average payload of vehicles in the vehicle sub-group sg as determined in point 2.5.

4. 
For each manufacturer and each reporting period, from 1 July 2025 onwards, the specific CO2 emissions target T shall be calculated as follows:

T=∑sgsharesg×MPWsg×l−rf×rCO2sg

where:

∑sgis the sum over all vehicle sub-groups;sharesgis the share of new heavy-duty vehicles in the vehicle sub-group sg as determined in point 2.4;MPWsgis the mileage and payload weighting factor as determined in point 2.6;rfis the CO2 emissions reduction target (in %) applicable in that specific reporting period;rCO2sgis the reference CO2 emissions as determined in point 3.

5.  5.1. 
For each manufacturer and each reporting period of the years Y from 2020 to 2030, a CO2 emissions reduction trajectory (ETY) is defined as follows:
ETY=∑sgsharesg×MPWsg×R−ETY×rCO2sg
where:

∑sgis the sum over all vehicle sub-groups;sharesgis the share of new heavy-duty vehicles in the vehicle sub-group sg as determined in point 2.4;MPWsgis the mileage and payload weighting factor as determined in point 2.6;rCO2sgis the reference CO2 emissions as determined in point 3;R-ETYis defined as follows:
for the reporting periods of the years Y from 2020 to 2025:
R− ETY=1−rf2025+rf2025×2025−Y∕6and, for the reporting periods of the years Y from 2026 to 2030:R− ETY=1− rf2030+rf2030− rf2025×2030− Y∕5rf2025and rf2030are the CO2 emissions reduction targets (in %) applicable for the reporting periods of the years 2025 and 2030, respectively.
 5.2. 
For each manufacturer and each reporting period of the years Y from 2020 to 2029, the emission credits (cCO2Y) and emission debts (dCO2Y) (shall be calculated as follows:

If CO2Y < ETY:

cCO2Y=ETY− CO2Y× Vy and

dCO2Y = 0

If CO2Y > TY for the years 2025 to 2029:

dCO2Y=CO2Y− TY× VY and

cCO2Y = 0

In all other cases dCO2Y and cCO2Y are set to 0.

where:

ETYis the manufacturer’s CO2 emissions reduction trajectory in the reporting period of the year Y determined in accordance with point 5.1;CO2Yis the average specific CO2 emissions of the manufacturer in the reporting period of the year Y determined in accordance with point 2.7;TYis the manufacturer specific CO2 emissions target in the reporting period of the year Y determined in accordance with point 4;VYis the number of new heavy-duty vehicles of the manufacturer in the reporting period of the year Y, excluding vocational vehicles, in accordance with point (a) of the first paragraph of Article 4.
 5.3. 
For each manufacturer the emission debt limit (limCO2) is defined as follows:
limCO2=T2025× 0,05×V2025
where:

T2025is the manufacturer specific CO2 emissions target in the reporting period of the year 2025 determined in accordance with point 4;V2025is the number of new heavy-duty vehicles of the manufacturer in the reporting period of the year 2025, excluding vocational vehicles, in accordance with point (a) of the first paragraph of Article 4.
 5.4. 
Emission debts acquired for the reporting period of the year 2025 shall be reduced by an amount (redCO2) corresponding to the emission credits acquired prior to that reporting period, which is determined for each manufacturer as follows:
redCO2=mindCO22025;∑Y= 20202025 cCO2Y
where:

minis the minimum of the two values mentioned between the brackets;∑Y= 20202025is the sum over the reporting periods of the years Y from 2020 to 2024;dCO22025is the emission debts for reporting period of the year 2025 as determined in accordance with point 5.2;cCO2Yis the emission credits for the reporting period of the year Y as determined in accordance with point 5.2.

6. 
For each manufacturer and each reporting period from the year 2025 onwards, the value of the excess CO2 emissions (exeCO2Y) shall be calculated as follows, if the value is positive:


 For the reporting period of the year 2025
exeCO22025=dCO22025−∑Y= 20202025cCO2Y−limCO2
 For the reporting periods of the years Y from 2026 to 2028
exeCO2Y=∑I= 2025YdCO2I−cCO2I−∑J= 2025Y− 1exeCO2J−redCO2−limCO2
 For the reporting period of the year 2029
exeCO2Y=∑I= 20252029dCO2I− cCO2I−∑J= 20252028exeCO2J− redCO2
 For the reporting periods of the years Y from 2030 onwards
exeCO2y=CO2Y−TY×VY

where:

∑Y= 20202025is the sum over the reporting periods of the years Y from 2020 to 2025;∑I= 2025Yis the sum over the reporting periods of the years I from 2025 to the year Y;∑J= 2025Y− 1is the sum over the reporting periods of the years J from 2025 to the year (Y–1);∑J= 20252028is the sum over the reporting periods of the years J from 2025 to 2028;∑I= 20252029is the sum over the reporting periods of the years I from 2025 to 2029;dCO2Yis the emission debts for the reporting period of the year Y as determined in accordance with point 5.2;cCO2Yis the emission credits for the reporting period of the year Y as determined in accordance with point 5.2;limCO2is the emission debt limit as determined in accordance with point 5.3;redCO2is the reduction of emission debts of the reporting period of the year 2025 as determined in accordance with 5.4.

In all other cases the value of the excess CO2 emissions exeCO2Y shall be set to 0.

ANNEX II
1. 
Subject to point (a) of Article 11(2), for the purposes of calculating the reference CO2 emissions referred to in the second paragraph of Article 1, the mission profile weights and payload values applicable in the reporting period when the changes referred to in point (c) of Article 14(1) take effect for all new heavy-duty vehicles shall be used and the CO2 emissions in g/km of a heavy-duty vehicle v determined for a mission profile mp referred to in Table 2 in point 2.1 of Annex I shall be adjusted as follows:

CO2v,mp=CO2RPv,mp×1+PLasg,mp×PLsg,mp−PLRPsg,mp

where:

sgis the vehicle sub-group to which the vehicle v belongs;CO2(RP)v,mpis the specific CO2 emissions of vehicle v in g/km, as determined on mission profile mp and based on the monitoring data for the reference period as reported in accordance with Regulation (EU) 2018/956;PL(RP)sg, mpis the payload value, which was attributed to vehicle v in the vehicle sub-group sg on the mission profile mp in the reference period, in accordance with Table 3 of point 2.5 of Annex I, for the purposes of establishing the monitoring data for the reference period as reported in accordance with Regulation (EU) 2018/956;PLsg, mpis the payload value attributed to vehicles in the vehicle sub-group sg on the mission profile mp in the reporting period when the changes referred to in point (c) of Article 14(1) take effect for all new heavy-duty vehicles, in accordance with Table 3 of point 2.5 of Annex I;PLasg, mpis the payload adjustment factor defined in Table 5.


PLasg,mp(in 1/tonnes) Mission profiles mp
RDL, RDR REL, RER LHL, LHR LEL, LER UDL, UDR
Vehicle sub-groups (sg) 4-UD 0,026 N.A. 0,015 N.A. 0,026
4-RD
4-LH
5-RD 0,022 0,022 0,017 0,017 0,022
5-LH
9-RD 0,026 0,025 0,015 0,015 0,026
9-LH
10-RD 0,022 0,021 0,016 0,016 0,022
10-LH


2. 
Subject to point (b) of Article 11(2), for the purposes of calculating the reference CO2 emissions referred to in the second paragraph of Article 1, the mission profile weights and payload values applicable in the reporting period when the changes referred to in point (c) of Article 14(1) take effect for all new heavy-duty vehicles shall be used and the CO2 emissions in g/km of a heavy-duty vehicle v determined for a mission profile mp referred to in point 2.1 of Annex I shall be adjusted as follows:

CO2v,mp=CO2RPv,mp×∑rSr,sg×CO2 r,mp∕∑rSr,sg×CO2RPr,mp

where:

∑ris the sum over all representative vehicles r for the vehicle sub-group sg;sgis the vehicle sub-group to which the vehicle v belongs;sr,sgis the statistical weight of the representative vehicle r in the vehicle sub-group sg;CO2(RP)v,mpis the specific CO2 emissions of vehicle v in g/km, as determined on mission profile mp and based on the monitoring data of the reference period as reported in accordance with Regulation (EU) 2018/956;CO2(RP)r,mpis the specific CO2 emissions of the representative vehicle r in g/km, as determined on mission profile mp in accordance with Regulation (EC) No 595/2009 and its implementing measures , as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,  in the reference period when CO2(RP)v,mp was determined;CO2r,mpis the specific CO2 emissions of the representative vehicle r, as determined on mission profile mp in accordance with Regulation (EC) No 595/2009 and its implementing measures , as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,  in the reporting period when the changes referred to in Article 14(2) of this Regulation take effect for all new heavy-duty vehicles.

The representative vehicle r shall be defined in accordance with the methodology referred to in Article 14(3) of this Regulation.
