Commission Regulation (EU) 2026/361 of 19 February 2026 amending Regulation (EU) No 582/2011 as regards the emissions type-approval of heavy-duty vehicles with on-board fuel and energy consumption monitoring devices

• CELEX: Regulation (EU) 2026/361
• Articles: 4

Article 1

Regulation (EU) No 582/2011 is amended as follows:

(1)

in Article 3, the following paragraphs 15 and 16 are added:

‘15.   In order to receive an EU type-approval of a vehicle with an approved engine system with regard to emissions, or an EU type-approval of a vehicle with regard to emissions, the manufacturer shall ensure that the requirements set out in Article 2 of Commission Implementing Regulation (EU) 2025/2161  ( *1 ) are fulfilled.

However, the manufacturer shall not be required to declare that the requirements set out in Article 2 of Implementing Regulation (EU) 2025/2161 are met where that manufacturer indicates in the declaration of compliance set out in point 6.2 of Annex I to that Implementing Regulation that new vehicles of the type to be approved will not be registered, placed on the market or entered into service in the Union on or after the relevant date set out in Table 1 of Annex I to that Implementing Regulation.

16.   In order to receive an EU type-approval of an engine system or engine family as a separate technical unit, the manufacturer shall ensure that the requirements set out in Article 2 of Implementing Regulation (EU) 2025/2161 are fulfilled.

However, the manufacturer shall not be required to declare that the requirements set out in Article 2 of Implementing Regulation (EU) 2025/2161 are met where that manufacturer indicates in the declaration of compliance set out in point 6.1 of Annex I to that Implementing Regulation that new engines of the type to be approved will not be registered, placed on the market or entered into service in the Union on or after the relevant date set out in Table 1 of Annex I to that Implementing Regulation.

( *1 )   Commission Implementing Regulation (EU) 2025/2161 of 27 October 2025 implementing Regulation (EC) No 595/2009 of the European Parliament and of the Council as regards the technical requirements of on-board devices for the monitoring and recording of fuel and energy consumption and mileage of certain heavy-duty vehicles, and for determining and recording the payload or total weight thereof ( OJ L, 2025/2161, 31.10.2025, ELI: http://data.europa.eu/eli/reg_impl/2025/2161/oj ).’;"

(2)

in Article 6(1a), the following point (e) is added:

‘(e)

the requirements set out in Article 2 of Implementing Regulation (EU) 2025/2161 are met, except where the manufacturer indicated in the declaration of compliance set out in point 6.1 of Annex I to that Implementing Regulation that new engines of the type to be approved will not be registered, sold or put into service in the Union on or after the relevant date set out in Table 1 of Annex I to that Implementing Regulation.’;

(3)

in Article 8(1a), the following point (f) is added:

‘(f)

the requirements set out in Article 2 of Implementing Regulation (EU) 2025/2161 are met, except where the manufacturer indicates in the declaration of compliance set out in point 6.2 of Annex I to that Implementing Regulation that new vehicles of the type to be approved will not be registered, sold or put into service in the Union on or after the relevant date set out in Table 1 of Annex I to that Implementing Regulation.’;

(4)

in Article 10(1a), the following point (f) is added:

‘(f)

the requirements set out in Article 2 of Implementing Regulation (EU) 2025/2161 are met, except where the manufacturer indicates in the declaration of compliance set out in point 6.2 of Annex I to that Implementing Regulation that new vehicles of the type to be approved will not be registered, sold or put into service in the Union on or after the dates set out in Table 1 of Annex I to that Implementing Regulation.’;

(5)

in Article 13, paragraph 1 is replaced by the following:

‘1.   On request of the approval authority and following in-service testing in accordance with Article 12 of this Regulation or following OBFCM or OBMM verification testing in accordance with Article 4 of Implementing Regulation (EU) 2025/2161 , the manufacturer shall submit the plan of remedial measures to the approval authority no later than 60 working days after receipt of the notification from the approval authority. Where the manufacturer can demonstrate to the satisfaction of the approval authority that further time is required to investigate the reason for the non-compliance in order to submit a plan of remedial measures, an extension may be granted.’

;

(6)

in Article 17a, the following paragraphs 5 and 6 are added:

‘5.   With effect from 1 July 2027, national authorities shall, in the case of new vehicles in the scope of Implementing Regulation (EU) 2025/2161 which do not comply with the requirements of this Regulation as amended by Commission Regulation (EU) 2026/361  ( *2 ) , consider certificates of conformity issued in respect of those vehicles to be no longer valid for the purposes of Article 48 of Regulation (EU) 2018/858 and shall, on grounds relating to emissions, prohibit the registration, making available on the market and entry into service of such vehicles.

6.   With effect from 29 May 2029, national authorities shall, in the case of new vehicles and engines, consider certificates of conformity issued in respect of those vehicles to be no longer valid for the purposes of Article 48 of Regulation (EU) 2018/858 and shall, on grounds relating to emissions, prohibit the registration, making available on the market and entry into service of such vehicles, except in the case of replacement engines for in-service vehicles, and engines for vehicles produced by small-volume manufacturers as set out in Regulation (EU) 2024/1257 of the European Parliament and of the Council  ( *3 ) .

By way of derogation from the first subparagraph, with effect from 29 November 2027 for new vehicles of category M 1 and N 1 falling in the scope of Regulation (EU) 595/2009, national authorities shall consider certificates of conformity issues in respect of those vehicles to be no longer valid for the purposes of Article 48 of Regulation (EU) 2018/858 and shall, on grounds relating to emissions, prohibit the registration, making available on the market and entry into service of such vehicle.

By way of derogation from the first subparagraph, with effect from 1 July 2030 for new vehicles of category M 1 and N 1 constructed by small-volume manufacturers as set out in Regulation (EU) 2024/1257, national authorities shall consider certificates of conformity issues in respect of those vehicles to be no longer valid for the purposes of Article 48 of Regulation (EU) 2018/858 and shall, on grounds relating to emissions, prohibit the registration, making available on the market and entry into service of such vehicle.

By way of derogation from the first subparagraph, with effect from 1 July 2031 for new vehicles of category M 2 , M 3 , N 2 , and N 3 constructed by small-volume manufacturers as set out in Regulation (EU) 2024/1257, national authorities shall consider certificates of conformity issues in respect of those vehicles to be no longer valid for the purposes of Article 48 of Regulation (EU) 2018/858 and shall, on grounds relating to emissions, prohibit the registration, making available on the market and entry into service of such vehicle.

( *2 )   Commission Regulation (EU) 2026/361 of 19 February 2026 amending Regulation (EU) No 582/2011 as regards the emissions type-approval of heavy-duty vehicles with on-board fuel and energy consumption monitoring devices ( OJ L, 2026/361, 20.2.2026, ELI: http://data.europa.eu/eli/reg/2026/361/oj )."

( *3 )   Regulation (EU) 2024/1257 of the European Parliament and of the Council of 24 April 2024 on type-approval of motor vehicles and engines and of systems, components and separate technical units intended for such vehicles, with respect to their emissions and battery durability (Euro 7), amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 715/2007 and (EC) No 595/2009 of the European Parliament and of the Council, Commission Regulation (EU) No 582/2011, Commission Regulation (EU) 2017/1151, Commission Regulation (EU) 2017/2400 and Commission Implementing Regulation (EU) 2022/1362 ( OJ L, 2024/1257, 8.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1257/oj ).’."

Article 2

Annexes I, II and VI to Regulation (EU) No 582/2011 are amended in accordance with the Annex to this Regulation.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX

ANNEX

(1)

In Annex I to Regulation (EU) No 582/2011, Appendix 9 is amended as follows:

(a)

the paragraph is replaced by the following:

‘Section 3 of the EC type-approval number issued according to Articles 6(1), 8(1) and 10(1) shall be composed by the number of the implementing regulatory act or the latest amending regulatory act applicable to the EC type-approval. The number shall be followed by an alphabetical character reflecting the requirements of OBD and SCR systems in accordance with Table 1, or with an alphabetical character and a typographic character reflecting the requirements of OBD systems, SCR systems and OBFCM in accordance with Table 1.’;

(b)

in Table 1, the sixth row is replaced by the following:

‘E

Row “general requirement” of Table 1 or Table 2

Row “general requirements” of Table 1

Row “general requirements” of Table 2

General ( 13 )

General ( 14 )

Yes

10 %

Yes

1.1.2021 ( 15 )

1.1.2022 ( 15 )

28.5.2029 ( 15 )’

(c)

in Table 1, the following row is added:

‘E+

Row “general requirements” of Table 1 or Table 2

Row “general requirements” of Table 1

Row “general requirements” of Table 2

General ( 13 )

General ( 14 )

Yes

10 %

Yes

—

1.7.2027 ( 16 )

28.5.2029’

(d)

in Table 1, the following key is added:

‘( 16 )

For vehicles falling in the scope of Implementing Regulation (EU) 2025/2161.’

(2)

Annex II to Regulation (EU) No 582/2011 is amended as follows:

(a)

the following point is inserted after point 10.1.7.1:

‘10.1.7.1a.

Odometer reading at test end [km].’;

(b)

the following point is inserted after point 10.1.7.7:

‘10.1.7.8.

Actual mass of the vehicle for the PEMS test with payload (kg).’;

(c)

the following points are inserted after point 10.1.8.17:

‘10.1.8a.    OBFCM instantaneous measured data (if applicable)

10.1.8a.1.

Total fuel consumed (lifetime) (kilograms).

10.1.8a.2.

Total distance travelled (lifetime) (kilometres).

10.1.8a.3.

Engine fuel rate (g/s).

10.1.8a.4.

Vehicle fuel rate (g/s).

10.1.8a.5.

Vehicle total mass (kg).’;

(d)

the following points are inserted after point 10.1.10.12a:

‘10.1.10a.    OBFCM values (if applicable)

10.1.10a.1.

Total fuel consumed (lifetime) (kilograms) at test start.

10.1.10a.2.

Total fuel consumed (lifetime) (kilograms) at test end.

10.1.10a.3.

Total distance travelled (lifetime) (kilometres) at test start.

10.1.10a.4.

Total distance travelled (lifetime) (kilometres) at test end.

10.1.10a.5.

Accumulated Engine fuel rate (g).

10.1.10a.6.

Accumulated Vehicle fuel rate (g).

10.1.10a.7.

Average of vehicle total mass.’;

(e)

in Appendix 1, in Table 1, under point 2.2, the following rows are added before the table notes:

‘Total fuel consumed (lifetime) ( 5 )

kg

OBFCM device or ECU

Total distance travelled (lifetime) ( 5 )

km

OBFCM device or ECU

Engine fuel rate ( 5 )

g/s

OBFCM device or ECU

Vehicle fuel rate ( 5 )

g/s

OBFCM device or ECU

Vehicle total mass ( 5 )

kg

OBFCM device or ECU’

(f)

in Appendix 1, in Table 1, under point 2.2, the following table note is added:

‘( 5 )

Where applicable, for vehicles equipped with an engine with an on-board fuel and/or energy monitoring device in accordance with the requirements under Article 2 of Implementing Regulation (EU) 2025/2161.’;

(g)

in point 2.2 of Appendix 1, the following paragraph is added:

‘The original raw data read out from the OBFCM device or ECU shall be made available to the approval authority and, upon request, to the Commission.’;

(h)

in point 2.4 of Appendix 1, the following point is added:

‘2.4.8.    OBFCM device

If an engine of the engine family is installed in a vehicle equipped with an on-board device for the monitoring and recording of fuel and/or energy consumption and mileage of motor vehicles in accordance with the requirements referred to in Article 2 of Implementing Regulation (EU) 2025/2161, then the test engine shall be equipped with that on-board device.’;

(i)

in point 2.6.1 of Appendix 1, the following paragraph is added:

‘Where applicable, the recording of the parameters set out in Table 1 as determined by the OBFCM device shall start at the test start.’;

(j)

in point 2.6.2 of Appendix 1, the following paragraph is added:

‘Where applicable, the recording of the parameters set out in Table 1 as determined by the OBFCM device shall continue throughout the normal in-use operation of the engine.’;

(k)

in point 2.6.3 of Appendix 1, the following paragraph is added:

‘Where applicable, the recording of the parameters set out in Table 1 as determined by the OBFCM device shall end at the test end. The odometer reading shall be recorded at test end.’.

(3)

In Point 5.1 of Appendix 1 of Annex VI to Regulation (EU) No 582/2011, the following point (k) is added:

‘(k)

Information about instantaneous measured OBFCM values as described in point 10.1.8a.1 to 10.1.8a.5 of Annex II, and averaged and integrated OBFCM values as described in points 10.1.10a.1 to 10.1.10a.7 of Annex II.’.