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Commission Implementing Regulation (EU) 2022/1362 CHAPTER IV — OPERATION OF THE SIMULATION TOOL

Article 8–Article 10 · 3 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Obligation to assess the performance of new vehicles with regard to their influence on CO 2 emissions and fuel consumption

Article 8

1.   Vehicle manufacturers shall determine the performance of new vehicles with regard to their influence on CO 2 emissions and fuel consumption to be sold, registered or put into service in the Union using the latest available version of the simulation tool. 2.   Vehicle manufacturers shall record the results of the simulation performed with the simulation tool in the manufacturer's records file. With the exception of the cases referred to in Article 21(2), second subparagraph, and in Article 23(3), any changes to the manufacturer's records file shall be prohibited. 3.   Vehicle manufacturers shall create cryptographic hashes of the manufacturer’s records file and of the customer information file using the hashing tool. 4.   Each vehicle to be registered, sold or to enter into service shall be accompanied by the customer information file. Each customer information file shall contain an imprint of the cryptographic hash of the manufacturer's records file. 5.   Each vehicle to be registered, sold or entered into service shall be accompanied by a certificate of conformity or, in the case of vehicles approved in accordance with Article 44 or Article 45 of Regulation (EU) 2018/858, an individual approval certificate, including an imprint of the cryptographic hash of the manufacturer's records file and of the customer information file. 6.   By way of derogation from paragraphs 1 to 5, vehicle manufacturers applying for individual approvals for vehicles that belong to the vehicle groups concerned may, at the latest together with the application for an individual approval, request the approval authority that the assessment of the performance of those vehicles with regard to their influence on CO 2 emissions and fuel consumption is carried out by a designated technical service. That request shall contain the input data and input information referred to in the template set out in Annex III, Appendix 1. The vehicle manufacturer shall provide the designated technical service with the input data and input information of the components certified in accordance with Article 11(1) in the form of XML files. 7.   By way of derogation from paragraphs 1 to 5, vehicle manufacturers holding a type-approval and with an annual production of less than 30 vehicles that belong to the vehicle groups concerned may request a designated technical service to carry out the simulation for the assessment of the performance of those vehicles with regard to their influence on CO 2 emissions and fuel consumption. The request for each vehicle shall contain the input data and input information referred to in the template set out in Annex III, Appendix 1. The vehicle manufacturer shall provide the designated technical service with the input data and input information of the components certified in accordance with Article 11(1) in the form of XML files. 8.   For the purposes of paragraphs 6 and 7, the approval authorities shall designate a technical service to operate the simulation tool and to draw up the manufacturer’s records file and the customer information file.

Modifications of, updates to and malfunctionings of the simulation and hashing tool

Article 9

1.   In the case of modifications or updates to the simulation tool, vehicle manufacturers shall start using the modified or updated simulation tool no later than 3 months after the modifications and updates have been made available on the dedicated electronic distribution platform. 2.   If the performance of new vehicles with regard to their influence on CO 2 emissions and fuel consumption cannot be assessed due to a malfunction of the simulation tool, vehicle manufacturers shall notify the Commission thereof by means of the dedicated electronic distribution platform without delay. 3.   If the performance of new vehicles with regard to their influence on CO 2 emissions and fuel consumption cannot be assessed due to a malfunction of the simulation tool, vehicle manufacturers shall perform the simulation for those vehicles not later than 7 calendar days after the date on which the modifications or updates were made available on the dedicated electronic distribution platform. Until the modifications or updates are available, the obligations laid down in Article 8 shall be suspended for the vehicles for which the determination of the performance with regard to their influence on CO 2 emissions and fuel consumption is not possible.

Accessibility of the simulation tool inputs and output information

Article 10

1.   Vehicle manufacturers or, in case the simulation is performed by a technical service, the responsible bodies designated by the Member State, shall store the manufacturer's records file and the certificates on CO 2 emissions and fuel consumption related properties of the components, systems and separate technical units for 10 years after the production or approval of the vehicle, respectively. 2.   Upon request from an authorised entity of a Member State or the Commission, vehicle manufacturers or the responsible bodies referred to in paragraph 1 shall provide the manufacturer's records file and the certificates on CO 2 emissions and fuel consumption related properties of the components, systems and separate technical units to that entity or to the Commission within 15 working days. 3.   Upon request from an authorised entity or the Commission, the approval authority which granted the licence to operate the simulation tool in accordance with Article 6 or which certified the CO 2 emissions and fuel consumption related properties of a component, separate technical unit or system in accordance with Article 17 shall provide to that entity or to the Commission the application for the licence to operate the simulation tool referred to in Article 5(2) or the application for the certification of the CO 2  emissions and fuel consumption related properties referred to in Article 16(2), respectively, within 15 working days.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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