Article 3, Paragraph 2. · Commission Implementing Regulation (EU) 2025/35

Contents

2.When assessing the risk of a deviation in the CO₂ emission values referred to in paragraph 1, first subparagraph, the Commission shall take into account at least the following elements, when available:

(a)the total number of new vehicles from the VTP family, ISV air drag family and ISV tyre family that have been placed on the Union market;

(b)the data from vehicles belonging to certain VTP families, ISV air drag families and ISV tyre families with similar technical characteristics but with lower CO₂ emissions, identified using the data collected pursuant to Article 1 of Commission Delegated Regulation (EU) 2021/1430^note;

(c)evidence of a deviation in the CO₂ emission values obtained by the Commission, or received from another type-approval authority, a market surveillance authority, or a third party complying with the requirements of Commission Implementing Regulation (EU) 2022/163^note;

(d)the results of previous in-service verifications, and in particular the findings related to the presence of artificial strategies;

(e)relevant information from tests performed and reported to the Commission pursuant to Delegated Regulation (EU) 2021/1430 and from conformity of production tests performed pursuant to Section 4 of Annex X to Regulation (EU) 2017/2400;

(f)real-world fuel consumption data.

Defined terms · 6

Show every defined term

air drag test
means a constant speed test with torque measurements performed on a vehicle in service in accordance with Section 3 of Annex VIII to Regulation (EU) 2017/2400;
artificial strategies test
means a dedicated test performed on a vehicle in-service to verify whether artificial strategies are present;
Confidential
means that this information shall be kept as appropriate by the granting approval authority, but not be included in the test report submitted to the Commission.
deviation in the CO2 emission values
means that the CO2 emissions of vehicles determined in an in-service verification carried out under this Regulation, are higher than the emissions determined, for motor vehicles, in accordance with the procedures set out in Regulation (EU) 2017/2400 or, for trailers, in accordance with the procedures set out in Iplementing Regulation (EU) 2022/1362, and recorded in the customer information file, certificates of conformity or individual approval certificates accompanying those motor vehicles or trailers, taking into account the statistical evaluation of the tests in accordance with Annex I.
Exclusion criteria
means that if the condition described is met (reply to the question is ‘yes’), the vehicle cannot be selected for in-service verification tests.
mass test
means a test to determine the ‘corrected actual mass of the vehicle’, as defined in Section 2, point (4), of Annex III to Regulation (EU) 2017/2400, or in the case of a trailer, the ‘corrected mass in running order’, as defined in Section 3, Table 1, of Annex III to Implementing Regulation (EU) 2022/1362;