Regulation (EU) 2019/631 of the European Parliament and of the CouncilDangos y teitl llawn

Article 8 U.K. Excess emissions premium

1. In respect of each calendar year, the [F1 Secretary of State] shall impose an excess emissions premium on a manufacturer or pool manager, as appropriate, where a manufacturer's average specific emissions of CO₂ exceed its specific emissions target.

2. The excess emissions premium under paragraph 1 shall be calculated using the following formula:

(Excess emissions × [F2 £86]) × number of newly registered vehicles.

For the purposes of this Article, the following definitions shall apply:

• ‘excess emissions’ means the positive number of grams per kilometre by which a manufacturer's average specific emissions of CO₂, taking into account CO₂ emissions reductions due to innovative technologies approved in accordance with Article 11, exceeded its specific emissions target in the calendar year or part thereof to which the obligation under Article 4 applies, rounded to the nearest three decimal places, and

• ‘number of newly registered vehicles’ means the number of new passenger cars or new light commercial vehicles counted separately of which it is the manufacturer and which were registered in that period according to the phase-in criteria as set out in Article 4(3).

[F3 3. Where the Secretary of State decides to impose an excess emissions premium under paragraph 1, the Secretary of State must serve a notice of civil penalty on the manufacturer or, in the case of a pool, the pool manager.

A notice of civil penalty must:

(a) be in writing;

(b) be dated;

(c) set out the reasons for which the excess emissions premium is imposed;

(d) set out the amount of the excess emissions premium and how it has been calculated;

(e) set out how to pay the excess emissions premium;

(f) require payment before the end of a period of 28 days beginning with the date of the notice;

(g) include an explanation of the steps the manufacturer or, in the case of a pool, the pool manager, must take if they wish to object to the excess emissions premium, including the manner and form in which any notice of objection must be served; and

(h) include an explanation of the steps the Secretary of State may take to recover any unpaid excess emissions premium.

4. The amount of any excess emissions premium payable under this Article—

(a) in England and Wales is recoverable as if it were payable under an order of the county court in England and Wales;

(b) in Scotland may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland;

[F4 (c) in Northern Ireland is recoverable as if it were payable under an order of the county court in Northern Ireland.]

5. Where action is taken under this Article for the recovery of any excess emissions premium, the amount payable is,

[F5 (a)] in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc.) as if it were a judgment entered in the county court;

[F6 (b) in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgements Enforcement (Northern Ireland) Order 1981 (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.]

6. Any excess emissions premium received by the Secretary of State must be paid into the Consolidated Fund.]

Textual Amendments

F1 Words in Art. 8(1) substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(3), 3(10)(a)

F2 Sum in Art. 8(2) substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(3), 3(10)(b)

F3 Art. 8(3)-(6) substituted for Art. 8(3)(4) (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1418), regs. 1(3), 3(10)(c)

F4 Art. 8(4)(c) inserted (1.9.2021) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/898), regs. 1(2), 2(6)(a)

F5 Words in Art. 8(5) renumbered as Art. 8(5)(a) (1.9.2021) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/898), regs. 1(2), 2(6)(b)(i)

F6 Art. 8(5)(b) inserted (1.9.2021) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/898), regs. 1(2), 2(6)(b)(ii)