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(1) Decision (EU) 2022/591 of the European Parliament and of the Council on a General Union Environment Action Programme to 2030 lays down, as one of the Union’s six thematic objectives for the period up to 31 December 2030, the pursuit of zero pollution, including in relation to harmful chemicals, in order to achieve a toxic-free environment, including for air, water and soil, as well as in relation to light and noise pollution, and the protection of the health and well-being of people, animals and ecosystems from environment-related risks and negative impacts.

(2) The European Green Deal, adopted in a communication by the Commission on 11 December 2019, is the Union’s strategy to initiate a transition aiming to achieve, by 2050 at the latest, a climate-neutral, clean and circular economy, optimising resource management and minimising pollution while recognising the need for deeply transformative policies. The Union is also committed to the United Nations’ (UN) 2030 Agenda for Sustainable Development and its Sustainable Development Goals. The Sustainable and Smart Mobility Strategy adopted by the Commission in December 2020 and the EU Action Plan: ‘Towards Zero Pollution for Air, Water and Soil’ adopted by the Commission in May 2021 specifically address transport pollution aspects of the European Green Deal. Other particularly relevant measures for that initiative include, for example, the proposal for a recast of Directive 2008/50/EC of the European Parliament and of the Council , the New Industrial Strategy for Europe presented by the Commission in March 2020, the revision by Regulation (EU) 2023/851 of the European Parliament and of the Council of CO2 emission performance standards for cars and vans set out in Regulation (EU) 2019/631 of the European Parliament and of the Council and the proposal for a revision of CO2 emission performance standards for new heavy-duty vehicles set out in Regulation (EU) 2019/1242 of the European Parliament and of the Council .

(3) The internal market is an area in which the free movement of goods, persons, services and capital is to be ensured. To that end, Regulation (EU) 2018/858 of the European Parliament and of the Council introduced a comprehensive type-approval and market surveillance system for motor vehicles and trailers, and for systems, components and separate technical units intended for such vehicles.

(4) The technical requirements for the type-approval of motor vehicles, engines and replacement parts with regard to emissions (‘emission type-approval’) should remain harmonised to ensure the proper functioning of the internal market, as well as a high level of environmental and health protection in all Member States.

(5) A successful transition to zero-emission mobility requires an integrated approach and the right enabling environment to stimulate innovation and maintain the Union’s technological leadership in the road transport sector. Such an environment includes public and private investments in research and innovation, the increasing supply of zero- and low-emission vehicles, the roll-out of recharging and refuelling infrastructure, integration into the energy systems, as well as the sustainable materials supply and sustainable production, re-use and recycling of batteries in the Union. The establishment of such an environment requires coherent action at Union, national, regional and local levels.

(6) In order to support the transition towards clean mobility while reindustrialising the Union and supporting its citizens, it is essential to keep the prices of private and commercial vehicles affordable for individuals and businesses. This would help maintain quality of life, industrial competitiveness and innovation, and support job creation and skill development in the sector.

(7) A socially acceptable and just transition towards zero-emission mobility should be ensured. It is important, therefore, to take into account the social effects of such a transition throughout the whole automotive value chain and to proactively address the implications on employment. Targeted programmes at Union, national and regional levels, such as the development of just transition plans for automotive-dependent regions are to be established in the framework of the Just Transition Mechanism for the reskilling, upskilling and redeployment of workers, as well as education and job-seeking initiatives in adversely affected communities and regions, in close dialogue with social partners and competent authorities. As part of that transition, it is necessary to strengthen women’s employment, as well as equal opportunities in that sector.

(8) This Regulation is a separate regulatory act for the purposes of the EU type-approval procedure laid down in Annex II to Regulation (EU) 2018/858. The administrative provisions of Regulation (EU) 2018/858, including the provisions on penalties, as well as its robust compliance enforcement mechanism, are fully applicable.

(9) Substantiated complaints submitted by natural or legal persons can constitute an important source of information for both market-surveillance authorities and approval authorities. In that context, the establishment of straightforward and proportionate processes that allow natural and legal persons to submit substantiated complaints to the respective authorities where they have reason to believe that this Regulation is not complied with can contribute to the application and enforcement of this Regulation. Those complaints should be considered by national authorities as a risk factor in decisions on market surveillance or in-service conformity activities.

(10) This Regulation should lay down common administrative provisions and requirements on emissions from vehicles and battery durability, whereas the technical elements should be laid down in implementing acts adopted in accordance with the examination procedure.

(11) The technical requirements for the type-approval of motor vehicles, engines and replacement parts with regard to emissions are currently set out in two Regulations that apply to emission type-approval for light-duty and heavy-duty vehicles respectively, namely Regulation (EC) No 715/2007 of the European Parliament and of the Council and Regulation (EC) No 595/2009 of the European Parliament and of the Council .

(12) Incorporating the requirements laid down in Regulations (EC) No 715/2007 and (EC) Nó 595/2009 into a single Regulation would ensure internal coherence of the system of emission type-approvals for both light and heavy-duty vehicles, while allowing for different emission limits and testing procedures for such vehicles.

(13) Furthermore, the current emission limits for heavy-duty vehicles were adopted in 2009 on the basis of the available technology at that time. Since then, technology has advanced and the level of emissions achievable with a combination of current technologies is much lower than that achievable more than 15 years ago. That technological progress should be reflected in emission limits based on existing state-of-the-art technology and knowledge of pollution controls and for all relevant pollutants.

(14) In the Union, particle number (PN) exhaust emissions of solid particles larger than 23 nanometres (PN23) have been controlled since 2011 for light-duty vehicles and since 2013 for heavy-duty vehicles. Considering that existing technologies and the UN Global Technical Regulation No 15 allow the measurement of particle number emissions down to 10 nanometres (PN10), it is appropriate to apply the particle limits to PN10 for all vehicles covered by this Regulation. Setting specific limits for PN10 emissions for the first time will provide an impetus towards the global harmonisation of enhanced PN emissions control and measurement and the Union should encourage the UN World Forum for the Harmonization of Vehicle Regulations (UN WP.29) to align the relevant UN vehicle regulations accordingly.

(15) Simplification could be achieved by eliminating tests which are not needed, by referring to standards under existing UN Regulations where applicable, and by ensuring a consistent set of procedures and tests for the various phases of the emission type-approval.

(16) In order to ensure that the emissions for both light- and heavy-duty vehicles are limited in the real world, testing vehicles in real driving conditions, which are statistically relevant, with a minimum set of restrictions, boundaries and other driving requirements, is necessary. Such on-road testing should be based on normal driving and exclude biased driving.

(17) Regulations (EC) No 715/2007 and (EC) No 595/2009 require that vehicles respect the emission limits for a specified period of time, which does not correspond to the average lifetime of vehicles. It is therefore appropriate to lay down durability requirements that reflect the average expected lifetime of vehicles in the Union.

(18) Member States are encouraged to develop and implement strategies for incentivising fleet renewal, with the aim of facilitating a progressive transition of the fleet towards vehicles with reduced emissions, contributing to a cleaner and more sustainable transport ecosystem.