The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019

Statutory Instruments

2019 No. 550

Exiting The European Union

Road Traffic

Environmental Protection

The Road Vehicle [F1 Carbon Dioxide] Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019

Made

11th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1 .

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Textual Amendments

F1 Words in title inserted (2.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(2), 2(2)

Marginal Citations

M1 2018 c. 16.

PART 1 U.K. Introduction

Citation and commencement U.K.

1.  These Regulations may be cited as the Road Vehicle [F2 Carbon Dioxide] Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

Textual Amendments

F2 Words in reg. 1 inserted (2.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(2), 2(3)

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

PART 2 U.K. Amendment of retained direct EU legislation: cars

Prospective

CHAPTER 1 U.K. Amendment of Regulation (EC) No 443/2009

Amendment of Regulation (EC) No 443/2009 U.K.

F3 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 2 omitted (2.12.2020) by virtue of The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(2), 2(4)

CHAPTER 2 U.K. Amendment of tertiary legislation made pursuant to Regulation (EC) No 443/2009

Amendment of Commission Regulation (EU) No 1014/2010 U.K.

3.—(1) Commission Regulation (EU) No 1014/2010 of 10 November 2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) In Article 1 after point (5) insert—

“(6) ‘Secretary of State’ includes any person authorised by the Secretary of State to carry out functions under this Regulation, or under Regulation (EC) No 443/2009 of the European Parliament and of the Council, on behalf of the Secretary of State.”.

(3) Omit Article 2.

(4) In Article 3—

(a) in paragraph 1, for “each Member State” substitute “ the Secretary of State ”,

(b) in paragraph 2, after “year” insert “ , or part year in the case of 2019, ”,

(c) in paragraph 3—

(i) for “the Member State shall report” insert “ the Secretary of State shall treat ”,

(ii) after “vehicle” insert “ as the manufacturer ”,

(d) in paragraph 4, for “reported” substitute “ recorded ”,

(e) in paragraph 5—

(i) for “In reporting” substitute “ When including ”,

(ii) for “competent authority shall provide” substitute “ Secretary of State shall consider ”,

(f) in paragraph 6—

(i) for “competent authority shall report” substitute “ Secretary of State shall use ”,

(ii) omit point (b) and the text which follows it,

(g) in paragraph 7, for “Member State shall report” substitute “ Secretary of State shall use ”,

(h) in paragraph 8, for “Member States” substitute “ Secretary of State ”.

(5) In Article 4—

(a) for “Member States” substitute “ Secretary of State ”,

(b) for “, verification and transmission” substitute “ and verification ”.

(6) In Article 5—

(a) in the heading, for “Member States” substitute “ Secretary of State ”,

(b) in the first paragraph—

(i) for “Member States” substitute “ Secretary of State ”,

(ii) in point (a), for “Article 5” substitute “ Article 5a ”,

(c) in the second paragraph, for “reported” substitute “ compiled ”,

(d) in the third paragraph—

(i) for the words from “a Member State” to “2018” substitute “ the Secretary of State shall ensure that ”,

(ii) for “reported” substitute “ compiled ”.

(7) In Article 7—

(a) in paragraph 1—

(i) for “Member States shall inform the Commission of” substitute “ the Secretary of State shall calculate ”,

(ii) for “their territory” substitute “ the United Kingdom ”,

(b) in paragraph 2—,

(i) for “Member States” substitute “ The Secretary of State ”,

(ii) omit “reporting” in both places in which it occurs.

(8) In Article 8—

(a) in paragraph 1—

(i) for “2010” substitute “ 2019 ”,

(ii) for “Commission” in each place where it appears substitute “ Secretary of State ”,

(b) in paragraph 2—

(i) for “competent authority” substitute “ Secretary of State ”,

(ii) omit “taken from the list that is to be drawn up by the Commission on the basis of the names”,

(iii) for “That list” substitute “ A list of those names ”,

(iv) for “2010” substitute “ 2019 ”.

(9) In Article 9—

(a) in paragraph 1 to 4, for “Commission” in each place where it appears substitute “ Secretary of State ”,

(b) in paragraph 5—

(i) after “by mail” insert “ or delivered by hand ”,

(ii) for the words “European Commission” to the end substitute—

“The Environment Strategy Team,

The Department for Transport,

Great Minster House,

33 Horseferry Road,

Westminster,

London SW1P 4DR.

An electronic copy of the notification shall be sent for information to the following email address: [e-mail]”.

(10) In Article 9a, in paragraph 1 omit “, from 1 January 2018,”.

(11) Omit Article 10.

(12) After Article 10, omit the sentence beginning “This Regulation shall be binding”.

Commencement Information

I2 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Regulation (EU) No 63/2011 U.K.

4.—(1) Commission Regulation (EU) 63/2011 of 26 January 2011 laying down detailed provisions for the application for a derogation from the specific CO₂ emission targets pursuant to Article 11 of Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) In Article 4, in point (b) of paragraph 1 for “Union” substitute” United Kingdom”.

(3) In Article 5—

(a) in paragraph 1, omit “, unless the average specific CO₂ emissions for that year are listed in Annex IV to this Regulation”,

(b) in paragraph 5, in point (b) of the unnumbered paragraph for “Union” substitute “ United Kingdom ”.

(4) In Article 6—

(a) in paragraph 1, omit “, unless the average specific CO₂ emissions for that year are listed in Annex IV to this Regulation”,

(b) in paragraph 3, for “Union” substitute “ United Kingdom ”.

(5) In Article 7—

(a) in the heading, for “Commission” substitute “ Secretary of State ”,

(b) in paragraph 1, for “Commission” in each place where it appears substitute “ Secretary of State ”,

(c) in paragraph 2, for “the Secretariat General of the European Commission, 1049 Brussels, Belgium” substitute “ The Environment Strategy Team, The Department for Transport, Great Minster House, 33 Horseferry Road, Westminster, London SW1P 4DR ”.

(6) Omit Article 8.

(7) Omit Article 9.

(8) After Article 9, omit the sentence beginning “This Regulation shall be binding”.

(9) In Annex 1—

(a) in the text preceding paragraph 1, for “[e-mail]” substitute “ [e-mail] ”,

(b) in point 2.3, for “Union” substitute “ United Kingdom ”,

(c) in points 2.3.1, 2.3.2 and 2.3.3, for “EU” in each place where it appears substitute “ United Kingdom ”,

(d) in point 2.5, for “Union” substitute “ United Kingdom ”,

(e) in points 2.5.1, 2.5.2 and 2.5.3, for “EU” in each place where it appears substitute “ United Kingdom ”,

(f) in point 5.1, omit “if not included in Annex IV”,

(g) in point 6, for “Union” substitute “ United Kingdom ”,

(h) in point 7.3, for “Union” substitute “ United Kingdom ”,

(i) in points 8.2.1, 8.2.2 and 8.2.3, for “Union” in each place where it appears substitute “ United Kingdom ”.

(10) In Annex 2—

(a) in point 2.2, for “Union” substitute “ United Kingdom ”,

(b) in points 2.2.1, 2.2.2 and 2.2.3, for “EU” in each place where it appears substitute “ United Kingdom ”,

(c) in point 2.3.2, for “Union” substitute “ United Kingdom ”,

(d) in points 2.3.2 and 2.3.3, for “EU” in both places where it appears substitute “ United Kingdom ”,

(e) in point 3.1, omit “if not included in Annex IV to this Regulation”,

(f) in point 3.2, in point (a) for “Union” substitute “ United Kingdom ”,

(g) in point 5, in the heading for “Union” substitute “ United Kingdom ” and omit “(concerns manufacturers not included in Annex IV)”,

(h) in point 5.3, for “EU” substitute “ United Kingdom ”.

(11) Omit Annex 4.

Commencement Information

I3 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Regulation (EU) No 725/2011 U.K.

5.—(1) Commission Implementing Regulation (EU) No 725/2011 of 25 July 2011 establishing a procedure for the approval and certification of innovative technologies for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) In Article 2 in paragraph 1 omit “covered by the integrated approach referred to in Article 1 of Regulation (EC) No 443/2009”.

(3) In Article 3—

(a) in point (b), for “Union” substitute “ United Kingdom ”,

(b) in point (d), for “Commission” substitute “ Secretary of State ”,

(c) in point (e)—

(i) the words from “a category” to “Article 41(6) of that Directive” become paragraph (i),

(ii) at the end of paragraph (i) insert—

“(ii) the Secretary of State; or

(iii) any person designated for this purpose by the Secretary of State”.

(4) In Article 4—

(a) in paragraph 1, and points (c) and (e) of paragraph 2, for “Commission” in each place where it appears substitute “ Secretary of State ”,

(b) in point (f)(ii) of paragraph 2 omit “as referred to in point (c) of Article 12(2) of Regulation (EC) No 443/2009 and”.

(5) In Article 6, in paragraph 2 for “Commission” substitute “ Secretary of State ”.

(6) In Article 9(3), in the second subparagraph for “Union” substitute “ United Kingdom ”.

(7) In Article 10—

(a) for “Commission” in each place where it appears substitute “ Secretary of State ”,

(b) in paragraph 2, in the second subparagraph omit “, subject to the application of the exceptions to the right to public access to documents specified in Regulation (EC) No 1049/2001”.

(8) In Article 11—

(a) in paragraph 1—

(i) for “an approval authority within the meaning of Directive 2007/46/EC F4 ...” substitute “ the Secretary of State F5 ...”,

(ii) for “Article 6 of Directive 2007/46/EC” substitute “[F6 Article 25 of Regulation (EU) 2018/858]”,

(iii) for “Commission” substitute “ Secretary of State ”,

[F7 (b) in paragraph 2, in the first subparagraph—

(i) for “Directive 2007/46/EC”, substitute “Regulation (EU) 2018/858”;

(ii) for “Article 11 of that Directive”, substitute “Article 30 of that Regulation”.]

(9) In Article 12, for “Commission” in each place where it appears substitute “ Secretary of State ”.

(10) In Article 12a—

(a) for “Commission” in each place where it appears substitute “ Secretary of State ”,

(b) in paragraph 4, in the second subparagraph omit “, subject to the application of the exceptions to the right to public access to documents specified in Regulation (EC) No 1049/2001”.

(11) Omit Article 13.

(12) Omit Article 15.

(13) After Article 15, omit the sentence beginning “This Regulation shall be binding”.

Textual Amendments

F4 Words in reg. 5(8)(a)(i) omitted (2.12.2020) by virtue of The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(2), 2(5)(a)

F5 Words in reg. 5(8)(a)(i) omitted (2.12.2020) by virtue of The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(2), 2(5)(b)

F6 Words in reg. 5(8)(a)(ii) substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 38(2)(a) (with Sch. 4 paras. 16, 17)

F7 Reg. 5(8)(b) substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 38(2)(b) (with Sch. 4 paras. 16, 17)

Commencement Information

I4 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision 2013/128/EU U.K.

6.—(1) Commission Implementing Decision 2013/128/EU of 13 March 2013 on the approval of the use of light emitting diodes in certain lighting functions of an M1 vehicle as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Commencement Information

I5 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision 2013/341/EU U.K.

7.—(1) Commission Implementing Decision 2013/341/EU of 27 June 2013 on the approval of the Valeo Efficient Generation Alternator as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

(3) In the Annex, in paragraph 11 omit the second subparagraph.

Commencement Information

I6 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision 2013/451/EU U.K.

8.—(1) Commission Implementing Decision 2013/451/EU of 10 September 2013 on the approval of the Daimler engine compartment encapsulation system as an innovative technology for reducing CO₂ emissions from new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

(3) In the Annex, in paragraph 6 omit the second subparagraph.

Commencement Information

I7 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision 2013/529/EU U.K.

9.—(1) Commission Implementing Decision 2013/529/EU of 25 October 2013 on the approval of the Bosch system for navigation-based preconditioning of the battery state of charge for hybrid vehicles as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

(3) In the Annex, in paragraph 5 omit the second subparagraph.

Commencement Information

I8 Reg. 9 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision 2014/128/EU U.K.

10.—(1) Commission Implementing Decision 2014/128/EU of 10 March 2014 on the approval of the light emitting diodes low beam module ‘E-Light’ as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

(3) In the Annex, in paragraph 5 omit the second subparagraph.

Commencement Information

I9 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision 2014/465/EU U.K.

11.—(1) Commission Implementing Decision 2014/465/EU of 16 July 2014 on the approval of the DENSO efficient alternator as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council and amending Commission Implementing Decision 2013/341/EU is amended as follows.

(2) Omit Article 3.

Commencement Information

I10 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision 2014/806/EU U.K.

12.—(1) Commission Implementing Decision 2014/806/EU of 18 November 2014 on the approval of the battery charging Webasto solar roof as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Commencement Information

I11 Reg. 12 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision (EU) 2015/158 U.K.

13.—(1) Commission Implementing Decision (EU) 2015/158 of 30 January 2015 on the approval of two Robert Bosch GmbH high efficient alternators as the innovative technologies for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Commencement Information

I12 Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision (EU) 2015/206 U.K.

14.—(1) Commission Implementing Decision (EU) 2015/206 of 9 February 2015 on the approval of the Daimler AG efficient exterior lighting using light emitting diodes as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Commencement Information

I13 Reg. 14 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

I14 Reg. 14 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision (EU) 2015/279 U.K.

15.—(1) Commission Implementing Decision (EU) 2015/279 of 19 February 2015 on the approval of the battery charging Asola solar roof as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Commencement Information

I15 Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision (EU) 2015/295 U.K.

16.—(1) Commission Implementing Decision (EU) 2015/295 of 24 February 2015 on the approval of the MELCO GXi efficient alternator as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Commencement Information

I16 Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision (EU) 2015/1132 U.K.

17.—(1) Commission Implementing Decision (EU) 2015/1132 of 10 July 2015 on the approval of the Porsche AG coasting function as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended a follows.

(2) Omit Article 2.

Commencement Information

I17 Reg. 17 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision (EU) 2015/2280 U.K.

18.—(1) Commission Implementing Decision (EU) 2015/2280 of 7 December 2015 on the approval of the DENSO efficient alternator as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Commencement Information

I18 Reg. 18 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision (EU) 2016/160 U.K.

19.—(1) Commission Implementing Decision (EU) 2016/160 of 5 February 2016 on the approval of the Toyota Motor Europe efficient exterior lighting using light emitting diodes as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Commencement Information

I19 Reg. 19 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision (EU) 2016/265 U.K.

20.—(1) Commission Implementing Decision (EU) 2016/265 of 25 February 2016 on the approval of the MELCO Motor Generator as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Commencement Information

I20 Reg. 20 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision (EU) 2016/362 U.K.

2.1.—(1) Commission Implementing Decision (EU) 2016/362 of 11 March 2016 on the approval of the MAHLE Behr GmbH & Co. KG enthalpy storage tank as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Commencement Information

I21 Reg. 21 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision (EU) 2016/587 U.K.

22.—(1) Commission Implementing Decision (EU) 2016/587 of 14 April 2016 on the approval of the technology used in efficient vehicle exterior lighting using light emitting diodes as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

[F8 (1A) In Article 2(3)—

(a) for “type approval authority” substitute “Secretary of State”,

(b) for “it” substitute “the Secretary of State”.

(1B) In Article 3, in paragraph (2), for “type approval authority” substitute “Secretary of State”.]

(2) Omit Article 5.

[F9 (3) In the Annex, in point 5 in the second unnumbered paragraph, for “type-approval authority” substitute “Secretary of State”.]

Textual Amendments

F8 Reg. 22(1A)(1B) inserted (2.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(2), 2(6)(a)

F9 Reg. 22(3) inserted (2.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(2), 2(6)(b)

Commencement Information

I22 Reg. 22 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision (EU) 2016/588 U.K.

23.—(1) Commission Implementing Decision (EU) 2016/588 of 14 April 2016 on the approval of the technology used in 12 Volt efficient alternators as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

[F10 (1A) In Article 2(3)—

(a) for “type approval authority” substitute “Secretary of State”,

(b) for “it” substitute “the Secretary of State”.

(1B) In Article 3, in paragraph (2), for “type approval authority” substitute “Secretary of State”.]

(2) Omit Article 5.

[F11 (3) In the Annex, in the final paragraph, for “type approval authority” substitute “Secretary of State”.]

Textual Amendments

F10 Reg. 23(1A)(1B) inserted (2.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(2), 2(7)(a)

F11 Reg. 23(3) inserted (2.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(2), 2(7)(b)

Commencement Information

I23 Reg. 23 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision (EU) 2016/1721 U.K.

24.—(1) Commission Implementing Decision (EU) 2016/1721 of 26 September 2016 on the approval of the Toyota efficient exterior lighting using light emitting diodes for the use in non-externally chargeable hybrid electrified vehicles as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Commencement Information

I24 Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision (EU) 2016/1926 U.K.

25.—(1) Commission Implementing Decision (EU) 2016/1926 of 3 November 2016 on the approval of the battery-charging photovoltaic roof as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 5.

(3) In the Annex, in paragraph 4 omit footnote (3).

Commencement Information

I25 Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision (EU) 2017/785 U.K.

26.—(1) Commission Implementing Decision (EU) 2017/785 of 5 May 2017 on the approval of efficient 12 V motor-generators for use in conventional combustion engine powered passenger cars as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 6.

Commencement Information

I26 Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision (EU) 2017/1402 U.K.

27.—(1) Commission Implementing Decision (EU) 2017/1402 of 28 July 2017 on the approval of the BMW AG engine idle coasting function as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 5.

Commencement Information

I27 Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

CHAPTER 3 U.K. Revocation of tertiary legislation made pursuant to Regulation (EC) No 443/2009

Revocation of Commission Decision 2012/100/EU of 17 February 2012 U.K.

28.  Commission Decision 2012/100/EU of 17 February 2012 on a method for the collection of premiums for excess CO₂ emissions from new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is revoked.

Commencement Information

I28 Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

PART 3 U.K. Amendment of retained direct EU legislation: vans

Prospective

F12 CHAPTER 1 U.K. Amendment of Regulation (EU) No 510/2011

Textual Amendments

F12 Pt. 3 Ch. 1 omitted (2.12.2020) by virtue of The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(2), 2(8)

Amendment of Regulation (EU) No 510/2011 U.K.

F12 29.   . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 2 U.K. Amendment of tertiary legislation made pursuant to Regulation (EU) No 510/2011

Amendment of Commission Implementing Regulation (EU) No 293/2012 U.K.

30.—(1) Commission Implementing Regulation (EU) No 293/2012 of 3 April 2012 on monitoring and reporting of data on the registration of new light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council is amended as follows.

(2) In Article 1, omit point (b).

(3) In Article 2, at the end insert—

“(4) ‘Secretary of State’ includes any person authorised by the Secretary of State to carry out functions under this Regulation on behalf of the Secretary of State”.

(4) Omit Article 3.

(5) In Article 4—

(a) in paragraph 1, for “Member States” substitute “ The Secretary of State ”,

(b) in paragraph 4, for “Member State shall report the manufacturer of the base vehicle” substitute “ the manufacturer of the base vehicle is treated deemed to be the manufacturer ”,

(c) in paragraph 6—

(i) for “In reporting” substitute “ When including ”,

(ii) for “competent authority shall provide” substitute “ Secretary of State shall consider ”,

(d) in paragraph 7—

(i) for “competent authority shall report” substitute “ Secretary of State shall use ”,

(ii) omit point (b) and the second subparagraph,

(e) in paragraph 8, for “Member State shall report” substitute “ Secretary of State shall use ”,

(f) in paragraph 9, for “Member States” substitute “ Secretary of State ”.

(6) In Article 5—

(a) for “Member States” substitute “ Secretary of State ”,

(b) for “, verification and transmission” substitute “ and verification ”.

(7) In Article 6—

(a) in the heading, for “Member States” substitute “ the Secretary of State ”,

(b) in the first subparagraph, for “Member States” substitute “ the Secretary of State ”,

(c) for the second subparagraph substitute—

“Notwithstanding the detailed data parameters referred to in Annex 2 of Regulation (EU) No 510/2011, the Secretary of State shall ensure that all detailed monitoring data specified in Annex 2 is monitored and compiled.”.

(8) In Article 8—

(a) in the first paragraph—

(i) for “Member States shall inform the Commission of” substitute “ the Secretary of State shall calculate ”,

(ii) for “their territory” substitute “ the United Kingdom ”,

(b) in the second paragraph—

(i) for “competent authority” substitute “ Secretary of State ”,

(ii) for “Member State” substitute “ United Kingdom ”,

(iii) omit “reporting” in both places in which it occurs.

(9) In Article 9—

(a) in paragraph 1—

(i) for “Commission” in each place where it appears substitute “ Secretary of State ”,

(ii) for “1 June 2012” substitute “ 15 December 2019 ”,

(b) in paragraph 2—

(i) for “competent authority” substitute “ Secretary of State ”,

(ii) omit “taken from the list that is to be drawn up by the Commission on the basis of the names”,

(iii) for “That list” substitute “ A list of those names ”,

(iv) for “1 September 2010” substitute “ 31 December 2019 ”,

(c) in paragraph 3, for “competent authority” substitute “ Secretary of State ”.

[F13 (10) In Article 10—

(a) in paragraph 1—

(i) for “1 June 2012” substitute “31 May each year”,

(ii) for “Commission” in each place it appears substitute “Secretary of State”,

(b) in paragraph 2, for “Commission” substitute “Secretary of State”,

(c) in paragraph 3—

(i) for “Commission, via electronic data transfer to the Data Repository managed by the European Environmental Agency,” substitute “Secretary of State”,

(ii) for “Union” substitute “United Kingdom”,

(iii) omit the second subparagraph,

(d) in paragraph 4, for “provided by the Member States” substitute “recorded by the Secretary of State”.]

(11) In Article 10a—

(a) in paragraph 1—

(i) in the first subparagraph, for “Commission” substitute “ Secretary of State ”,

F14 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) in the fourth subparagraph, for “Member State” substitute “ Secretary of State ”,

(b) in paragraph 2, for “Commission” substitute “ Secretary of State ”,

(c) in paragraph 3—

(i) omit “to the Data Repository referred to in Article 10(3), in other cases it shall be submitted”,

(ii) for the words “European Commission” to the end substitute—

“The Environment Strategy Team,

The Department for Transport,

Great Minster House,

33 Horseferry Road,

Westminster,

London SW1P 4DR.

An electronic copy of the notification shall be sent for information to the following email address: [e-mail]”.

(12) Omit Article 11.

(13) After Article 11, omit the sentence beginning “This Regulation shall be binding”.

Textual Amendments

F13 Reg. 30(10) substituted (2.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(2), 2(9)(a)

F14 Reg. 30(11)(a)(ii) omitted (2.12.2020) by virtue of The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(2), 2(9)(b)

Commencement Information

I29 Reg. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Delegated Regulation (EU) No 114/2013 U.K.

31.—(1) Commission Delegated Regulation (EU) No 114/2013 of 6 November 2012 supplementing Regulation (EU) No 510/2011 of the European Parliament and of the Council with regard to rules for the application for a derogation from the specific CO₂ emissions targets for new light commercial vehicles is amended as follows.

(2) In Article 4, in point (b) for “Union” substitute “ United Kingdom ”.

(3) In Article 5—

(a) in paragraph 1 omit “, unless the average specific CO₂ emissions for that year are listed in Annex III”,

(b) in paragraph 5, in point (b) of the unnumbered subparagraph for “Union” substitute “ United Kingdom ”.

(4) In Article 6—

(a) in the heading, for “Commission” substitute “ Secretary of State ”,

(b) in paragraph 1, for “Commission” substitute “ Secretary of State ”,

(c) in paragraph 2, for “the Secretariat-General of the European Commission, 1049 Brussels, Belgium” substitute “ The Environment Strategy Team, The Department for Transport, Great Minster House, 33 Horseferry Road, Westminster, London SW1P 4DR ”.

(5) Omit Article 7.

(6) Omit Article 8.

(7) After Article 8, omit the sentence beginning “This Regulation shall be binding”.

(8) In Annex 1—

(a) in the text preceding point 1, for “[e-mail]” substitute “ [e-mail] ”,

(b) in point 2, for “EU” each place where it appears substitute [F15 “Great Britain”] ,

(c) in point 3.3, for “Union” substitute “ United Kingdom ”,

(d) in points 3.3.1, 3.3.2 and 3.3.3, for “EU” in each place where it appears substitute “ United Kingdom ”,

(e) in point 3.5, for “Union” substitute “ United Kingdom ”,

(f) in points 3.5.1, 3.5.2 and 3.5.3, for “EU” in each place where it appears substitute “ United Kingdom ”,

(g) in point 6.1, omit “if not included in Annex III”,

(h) in point 7, for “Union” substitute “ United Kingdom ”,

(i) in point 8.3, for “Union” substitute “ United Kingdom ”,

(j) in points 9.2.1, 9.2.2 and 9.2.3, for “Union” in each place where it appears substitute “ United Kingdom ”.

(9) Omit Annex 3.

Textual Amendments

F15 Words in reg. 31(8)(b) substituted (2.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(2), 2(10)

Commencement Information

I30 Reg. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Regulation (EU) No 427/2014 U.K.

32.—(1) Commission Implementing Regulation (EU) No 427/2014 of 25 April 2014 establishing a procedure for the approval and certification of innovative technologies for reducing CO₂ emissions from light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council is amended as follows.

(2) In Article 2—

(a) in paragraph 2, in point (b) for “Directive 2007/46/EC” substitute “[F16 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles]”,

F17 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In Article 3—

(a) in paragraph (2), for “Union” substitute “ United Kingdom ”,

(b) in paragraph (4), for “Commission” substitute “ Secretary of State ”,

(c) in paragraph (5)—

(i) the words from “a category” to “Article 41(6) of that Directive” become point (a),

(ii) at the end of point (a) insert—

“(b) the Secretary of State; or

(c) any person designated for this purpose by the Secretary of State”.

(4) In Article 4—

(a) for “Commission” in each place where it appears substitute “ Secretary of State ”.

(b) in paragraph 2(f)(ii) omit “as referred to in Article 12(2)(c) of Regulation (EU) No 510/2011 and”.

(5) In Article 6, in paragraph 2 for “Commission” substitute “ Secretary of State ”.

(6) In Article 9, in paragraph 3, in the second subparagraph for “Union” substitute “ United Kingdom ”.

(7) In Article 10—

(a) for “Commission” in each place where it appears substitute “ Secretary of State ”,

(b) in paragraph 2, in the second subparagraph omit “, subject to the application of the exceptions to the right to public access to documents specified in Regulation (EC) No 1049/2001”.

(8) In Article 11—

(a) in paragraph 1—

(i) for “an approval authority within the meaning of Directive 2007/46/EC F18 ...” substitute “ the Secretary of State F19 ...”,

(ii) for “Article 6 of Directive 2007/46/EC” substitute “[F20 Article 25 of Regulation (EU) 2018/858]”,

(iii) for “Commission” substitute “ Secretary of State ”,

[F21 (b) in paragraph 2, in the first subparagraph—

(i) for “Directive 2007/46/EC”, substitute “Regulation (EU) 2018/858”;

(ii) for “Article 11 of that Directive”, substitute “Article 30 of that Regulation”.]

(9) In Article 12, for “Commission” in each place where it appears substitute “ Secretary of State ”.

(10) In Article 12a—

(a) for “Commission” in each place where it appears substitute “ Secretary of State ”,

(b) in paragraph 4 omit “, subject to the application of the exceptions to the right to public access to documents specified in Regulation (EC) No 1049/2001”.

(11) Omit Article 13.

(12) Omit Article 14.

(13) After Article 14, omit the sentence beginning “This Regulation shall be binding”.

Textual Amendments

F16 Words in reg. 32(2)(a) substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 38(3)(a) (with Sch. 4 paras. 16, 17)

F17 Reg. 32(2)(b) omitted (2.12.2020) by virtue of The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(2), 2(11)(a)

F18 Words in reg. 32(8)(a)(i) omitted (2.12.2020) by virtue of The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(2), 2(11)(b)(i)

F19 Words in reg. 32(8)(a)(i) omitted (2.12.2020) by virtue of The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(2), 2(11)(b)(ii)

F20 Words in reg. 32(8)(a)(ii) substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 38(3)(b) (with Sch. 4 paras. 16, 17)

F21 Reg. 32(8)(b) substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 38(3)(c) (with Sch. 4 paras. 16, 17)

Commencement Information

I31 Reg. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Decision (EU) 2018/1876 U.K.

33.—(1) Commission Implementing Decision (EU) 2018/1876 of 29 November 2018 on the approval of the technology used in 12 Volt efficient alternators for use in conventional combustion engine powered light commercial vehicles as an innovative technology for reducing CO₂ emissions from light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council is amended a follows.

(2) Omit Article 5.

Commencement Information

I32 Reg. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

CHAPTER 3 U.K. Revocation of tertiary legislation made pursuant to Regulation (EU) No 510/2011

Revocation of Commission Implementing Decision 2012/99/EU U.K.

34.  Commission Implementing Decision 2012/99/EU of 17 February 2012 on the detailed arrangements for the collection of premiums for excess CO₂ emissions from new light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council is revoked.

Commencement Information

I33 Reg. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Signed by authority of the Secretary of State for Transport

Jesse Norman

Minister of State

Department for Transport

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(b), (c), and (g)) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to legislation relating to CO₂ emission performance targets for passenger cars and light commercial vehicles (vans). They amend Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009, and Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011, setting emission performance standards for new passenger cars and light commercial vehicles respectively.

They amend regulations made pursuant to Regulation (EC) No 443/2009:

(i)

Commission Regulation (EU) No 1014/2010 of 10 November 2010 on monitoring and reporting of data on the registration of new passenger cars,

(ii)

Commission Regulation (EU) No 63/2011 of 26 January 2011 laying down detailed provisions for the application for a derogation from the specific CO₂ emission targets for new passenger cars, and

(iii)

Commission Implementing Regulation (EU) No 725/2011 of 25 July 2011 establishing a procedure for the approval and certification of innovative technologies for reducing CO₂ emissions from passenger cars.

They also amend regulations made pursuant to Regulation (EU) No 510/2011:

(i)

Commission Implementing Regulation (EU) No 293/2012 of 3 April 2012 on monitoring and reporting of data on the registration of new light commercial vehicles,

(ii)

Commission Delegated Regulation (EU) No 114/2013 of 6 November 2012 supplementing Regulation (EU) No 510/2011 of the European Parliament and of the Council with regard to rules for the application for a derogation from the specific CO₂ emissions targets for new light commercial vehicles, and

(iii)

Commission Implementing Regulation (EU) No 427/2014 of 25 April 2014 establishing a procedure for the approval and certification of innovative technologies for reducing CO₂ emissions from light commercial vehicles.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.