Collection and reporting of real-world data by manufacturers
1. Manufacturers shall collect real-world data together with the VINs of new passenger cars and new light commercial vehicles that are registered from 1 January 2021 and that are equipped with on-board fuel and/or energy consumption monitoring devices in accordance with Article 4a of Regulation (EU) 2017/1151, unless the vehicle owner expressly refuses to make that data available to the manufacturer or its authorised dealer or authorised repairer.
2. Where the real-world data and the VINs are not collected by the manufacturer via direct data transfer from the vehicle, the manufacturer shall ensure that the data is collected and transmitted to it by its authorised dealer or authorised repairer each time the vehicle is brought in for service or repairs or any other intervention and data is to be read out from the on-board diagnostics serial port of the vehicle. The device or scan tool used shall be capable of reading out the data as it is recorded on the on-board fuel and/or energy consumption monitoring device. The read-out of the data shall be free of charge and not subject to any specific conditions.
The manufacturer and, where applicable, its authorised dealer or repairer, shall ensure that secure means of communication are used for the collection of the VINs.
3. On 1 April each year, with effect from 2022, a manufacturer shall report to the Commission any real-world data and the VINs that were collected in the preceding calendar year, as specified in Table 1 of the Annex, by uploading it to the BDR.
In the event that several records referring to the same VIN are collected by a manufacturer in the same calendar year, the real-world data to be reported shall be the record indicating the highest total distance travelled. Real-world data for a given vehicle shall be collected for a maximum period of 15 years from the date on which the data for that vehicle was first reported to the EEA.
Where a manufacturer claims that real-world data cannot be reported, or can only be reported in part, it shall make a statement to that effect to the Commission and shall provide the reasons therefore. The statement and the justification shall be uploaded to the BDR.
4. Paragraphs 1, 2 and 3 shall not apply to small volume manufacturers as referred to in in Article 15(11) of Regulation (EU) 2017/1151.
Collection and reporting of real-world data by Member States
1. Member States shall ensure that the bodies or establishments referred to in Article 4(2) of Directive 2014/45/EU collect real-world data and VINs of new passenger cars and new light commercial vehicles that are registered from 1 January 2021 and that are equipped with on-board fuel and/or energy consumption monitoring devices in accordance with Article 4a of Regulation (EU) 2017/1151.
With effect from 20 May 2023, the real-world data together with the VINs shall be collected when the vehicles undergo roadworthiness tests in accordance with Article 5 of Directive 2014/45/EU, unless the vehicle owner expressly refuses to make that data available.
The real-world data shall be read out by using a device to connect to the electronic vehicle interface, such as a scan tool as referred to in Annex III to Directive 2014/45/EU. The device used shall be capable of reading out the data as it is recorded on the on-board fuel and/or energy consumption monitoring device.
2. With effect from 2022, Member States shall ensure that the real-world data together with the VINs, as specified in Table 1 of the Annex, that were collected in the preceding calendar year are reported to the Commission annually on 1 April, by uploading that data to the CDR. Where no such data is available, a statement to that effect, including the reasons why the data is not available, shall be uploaded to the CDR.
Member States shall ensure that the real-world data for a given vehicle is collected for a maximum period of 15 years from the date on which that data was first reported for the vehicle to the EEA.
The Member State and the bodies and establishments responsible for the collection of the VINs shall ensure that secure means of communication are used for that collection.
Obligations relating to the protection of personal data
1. The following entities responsible for collecting the VINs together with the real-world data directly from the vehicles, shall, in relation to the collection and processing of the VINs, be considered as controllers of the relevant data within the meaning of point 7 of Article 4 of Regulation (EU) 2016/679:
(a)
manufacturers in the case of direct data transfers from the vehicles to the manufacturer;
(b)
authorised dealers or authorised repairers;
(c)
bodies or establishments responsible for roadworthiness testing.
Those entities shall ensure that they meet the obligation to provide information to the vehicle owners in their capacity as data subjects, as set out in Article 13 of that Regulation.
2. Where the VINs have been obtained indirectly from the vehicle owner for the purposes of Articles 3, 9 or 10, the Member States, and, where applicable, the manufacturers shall, in their capacity as data controllers, ensure that they meet the obligation to provide information to the vehicle owners as set out in Article 14 of Regulation (EU) 2016/679.
3. The EEA and the Commission shall, in relation to the collection and processing of VINs for the purposes of this Regulation, be considered as data controllers subject to the provisions set out in Regulation (EU) 2018/1725.
4. The VINs and the real-world data collected in accordance with Articles 9 and 10 of this Regulation may not be used for any purpose other than that specified in Article 12 of Regulation (EU) 2019/631.
5. The VINs and the real-world data collected in accordance with Articles 9 and 10 may only be retained for the following periods:
(a)
by manufacturers, until that data has been reported upon in accordance with Article 9(3);
(b)
by authorised dealers and repairers, until that data has been transmitted to the manufacturer in accordance with Article 9(2);
(c)
by bodies and establishments responsible for roadworthiness tests, until that data has been transmitted to the EEA, or to the authority designated by the Member States for reporting the data to the EEA, in accordance with Article 10(2);
(d)
by the authorities designated by the Member States for reporting the real-world data to the EEA, until that data has been reported upon in accordance with Article 10(2);
(e)
by the EEA, until 20 years from the date on which the data was first uploaded to the BDR in accordance with Article 9(3) or to the CDR in accordance with Article 10(2).
Publication of real-world data
With effect from December 2022, the Commission shall each year publish anonymised and aggregated datasets that shall be split between passenger cars and light commercial vehicles powered by internal combustion engines, and off-vehicle charging hybrid electric vehicles (OVC-HEVs) of the same categories, including the following data per manufacturer:
(a)
the average fuel consumption (l/100 km) based on the data reported pursuant to Articles 9 and 10;
(b)
the average electric energy consumption (kWh/100 km) based on the data reported pursuant to Articles 9 and 10;
(c)
the average CO 2 emissions (g/km) calculated on the basis of the data reported pursuant to Articles 9 and 10;
(d)
the difference between the average fuel consumption referred to in point (a) and the average of the fuel consumption values recorded in the certificates of conformity of the same vehicles as those for which real-world data has been reported;
(e)
the difference between the average electric energy consumption referred to in point (b) and the average of the electric energy consumption values recorded in the certificates of conformity of the same vehicles as those for which real-world data has been reported;
(f)
the difference between the average CO 2 emissions (g/km) calculated in accordance with point (c) and the average of the CO 2 emission values recorded in the certificates of conformity of the same vehicles as those for which real-world data has been reported.
Points (b) and (e) shall apply only as regards OVC-HEVs.
Review
The Commission shall, on the basis of the assessment referred to in the first subparagraph of Article 12(3) of Regulation (EU) 2019/631, review the implementation of Articles 9 to 12 of this Regulation considering, in particular, the following:
(a)
the number of vehicles equipped with direct data transfer devices;
(b)
the need for continued monitoring and reporting of real-world data by manufacturers;
(c)
the time period during which real-world data need to be monitored and reported;
(d)
the appropriate level of aggregation of data to be published by the Commission pursuant to Article 12 of this Regulation.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
