Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (recast) (Text with EEA relevance) (c. 631)

Regulation (EU) 2019/631 of the European Parliament and of the Council

of 17 April 2019

setting CO₂ emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011

(recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(1),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure(2),

Whereas:

(1) Regulation (EC) No 443/2009 of the European Parliament and of the Council(3) and Regulation (EU) No 510/2011 of the European Parliament and of the Council(4) have been substantially amended several times. Since further amendments are to be made, those Regulations should be recast in the interests of clarity.

(2) In order to provide a coherent and efficient transition following the recast and repeal of Regulations (EC) No 443/2009 and (EU) No 510/2011, this Regulation should apply from 1 January 2020. However, it is appropriate to maintain the CO₂ emission performance standards and the modalities for achieving them as set out in those Regulations without changes until 2024.

(3) The Paris Agreement(5) sets out, inter alia, a long-term goal in line with the objective to keep the global average temperature increase well below 2 °C above pre-industrial levels and to pursue efforts to keep it to 1,5 °C above pre-industrial levels. The latest scientific findings reported by the Intergovernmental Panel on Climate Change (IPCC) in its special report on the impacts of global warming of 1,5 °C above pre-industrial levels and related global greenhouse gas emission pathways unequivocally confirm the negative impacts of climate change. That special report concludes that emissions reductions in all sectors are crucial to limit global warming.

(4) In order to contribute to the objectives of the Paris Agreement, the transformation of the entire transport sector towards zero emissions needs to be accelerated, considering the Commission's communication of 28 November 2018 entitled ‘A Clean Planet for all — a European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy’, which outlines a vision of the economic and societal transformations required, engaging all sectors of the economy and society, to achieve the transition to net-zero greenhouse gas emissions by 2050. Emissions of air pollutants from transport that significantly harm our health and the environment need also to be drastically reduced without delay. Emissions from conventional combustion engine vehicles will need to be further reduced after 2020. Zero- and low-emission vehicles will need to be deployed and gain significant market share by 2030. Further CO₂ emissions reductions for passenger cars and light commercial vehicles will be necessary beyond 2030.

(5) The Commission's communications of 31 May 2017 entitled ‘Europe on the move — An agenda for a socially fair transition towards clean, competitive and connected mobility for all’ and of 8 November 2017 entitled ‘Delivering on low-emission mobility — A European Union that protects the planet, empowers its consumers and defends its industry and workers’ highlight that the CO₂ emission performance standards for passenger cars and light commercial vehicles are a strong driver for innovation and efficiency and will contribute to strengthening competitiveness of the automotive industry and pave the way for zero- and low-emission vehicles in a technology-neutral way.

(6) This Regulation provides a clear pathway for CO₂ emissions reductions from the road transport sector and contributes to the binding target of at least a 40 % domestic reduction in economy-wide greenhouse gas emissions by 2030 compared to 1990, as was endorsed in the European Council conclusions of 23-24 October 2014, and approved as the Intended Nationally Determined Contribution of the Union and its Member States under the Paris Agreement at the Environment Council meeting on 6 March 2015.

(7) Regulation (EU) 2018/842 of the European Parliament and of the Council(6) lays down obligations on Member States to fulfil the Union's target of reducing its greenhouse gas emissions by 30 % below 2005 levels in 2030 for the sectors that are not part of the European Union Emissions Trading System established by Directive 2003/87/EC of the European Parliament and of the Council(7). Road transport is a major contributor to the emissions from those sectors. Moreover, emissions from road transport show an increasing trend, and remain significantly above 1990 levels. If road transport emissions increase further, such increases will continue to counteract emissions reductions made by other sectors to combat climate change.

(8) The European Council conclusions of 23-24 October 2014 highlighted the importance of reducing greenhouse gas emissions and risks related to fossil fuel dependency in the transport sector through a comprehensive and technology neutral approach for the promotion of emissions reduction and energy efficiency in transport, for electric transportation and for renewable energy sources in transport also after 2020.

(9) In order to give consumers in the Union secure, sustainable, competitive and affordable energy, energy efficiency contributing to moderation of demand is one of the five mutually-reinforcing and closely interrelated dimensions set out in the Commission's communication of 25 February 2015 entitled ‘A Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy’. That communication states that, while all economic sectors must take steps to increase the efficiency of their energy consumption, transport has a huge energy efficiency potential, which can be realised also with a continued focus on tightening CO₂ emission performance standards for passenger cars and light commercial vehicles in a 2030 perspective.

(10) An evaluation of Regulations (EC) No 443/2009 and (EU) No 510/2011 in 2015 concluded that those Regulations have been relevant, broadly coherent, and have generated significant emissions savings, whilst being more cost-effective than originally anticipated. They have also generated significant added value for the Union that could not have been achieved to the same extent through national measures. However, the benefits of those Regulations have been eroded due to the increasing discrepancy between the CO₂ emissions measured under the New European Driving Cycle (NEDC) and the CO₂ emissions emitted from vehicles driven under real-world conditions.

(11) It is, therefore, appropriate to pursue the objectives of Regulations (EC) No 443/2009 and (EU) No 510/2011 by setting new EU fleet-wide CO₂ emissions reduction targets for passenger cars and light commercial vehicles for the period up to 2030. In defining the levels of those targets, account has been taken of their effectiveness in delivering a cost-effective contribution to reducing emissions of the sectors covered by Regulation (EU) 2018/842 by 2030, of the resulting costs and savings for society, manufacturers and vehicle users, as well as of their direct and indirect implications for employment, competitiveness and innovation and the co-benefits generated in terms of reduced air pollution and energy security. Considering that the market share and, consequently, the overall contribution of CO₂ emissions from passenger cars are significantly higher than those of light commercial vehicles, a differentiated approach between passenger cars and light commercial vehicles is considered appropriate.

(12) 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 transition throughout the whole automotive value chain and to address proactively the implications on employment. Targeted programmes at Union, national and regional levels are therefore to be considered for the re-skilling, up-skilling and redeployment of workers, as well as education and job-seeking initiatives in adversely affected communities and regions, in close dialogue with the social partners and competent authorities. As part of that transition, women's employment, as well as equal opportunities in this sector, should be strengthened.

(13) 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 this sector. That 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 Europe. That requires coherent action at Union, national, regional and local levels.

(14) As part of the implementation of Regulation (EC) No 715/2007 of the European Parliament and of the Council(8), a new test procedure for measuring CO₂ emissions from, and fuel consumption of, passenger cars and light commercial vehicles, the Worldwide Harmonised Light Vehicles Test procedure (‘WLTP’), set out in Commission Regulation (EU) 2017/1151(9), started to apply in 2017. That test procedure provides CO₂ emission and fuel consumption values that are more representative of real-world conditions. It is appropriate, therefore, that the new CO₂ emissions targets should be based on the CO₂ emissions determined on the basis of that test procedure. Considering, however, that WLTP-based CO₂ emissions will be available for target compliance purposes from 2021, it is appropriate that the new CO₂ emission performance standards should be defined as reduction levels set in relation to the 2021 targets calculated on the basis of the CO₂ emissions measured for the purpose of the WLTP emissions test. In order to ensure the robustness and representativeness of the values used as the starting point for defining the emissions reduction targets to be applied in 2025 and 2030, the conditions for performing those measurements have been clarified as part of the implementation of Commission Implementing Regulations (EU) 2017/1152(10) and (EU) 2017/1153(11).

(15) It is important that the setting of CO₂ emissions reduction requirements continue to provide Union-wide predictability and planning security for vehicle manufacturers across their new passenger car and light commercial vehicle fleets in the Union.

(16) The Commission's evaluation of Directive 1999/94/EC of the European Parliament and of the Council(12) in 2016 identified a need for further clarification and simplification of that legislative act, which could increase its relevance, effectiveness, efficiency and coherence. The Commission should, therefore, review that Directive no later than 31 December 2020 and, where appropriate, put forward a relevant legislative proposal. In order to support the uptake of the most fuel efficient and environmentally friendly vehicles, that review should in particular consider the inclusion of light commercial vehicles and the need for better designed and further harmonised Union requirements on labelling that could provide consumers with comparable, reliable and user friendly information about the benefits of zero- and low-emission vehicles, including information concerning air pollutants.

(17) Emissions reduction targets for the Union-wide fleets of new passenger cars and light commercial vehicles should, therefore, be set for 2025 and for 2030, taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets. That stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero- and low-emission vehicles.

(18) The CO₂ emission performance standards set out in this Regulation apply to new passenger cars and new light commercial vehicles. With regard to the existing fleet of such vehicles, including second-hand vehicles, additional measures aimed at reducing emissions may also be taken, inter alia, at national and Union level. For instance, measures may be taken to encourage a higher fleet renewal rate, in order to replace as fast as possible older, more emitting vehicles by more performant ones. Access to more affordable zero- and low-emission vehicles could stimulate consumer behaviour change and faster deployment of low-emission technologies.

(19) While the Union is among the world's major producers of motor vehicles and demonstrates technological leadership in the global automotive sector, competition is increasing and this sector is changing rapidly through new innovations in electrified powertrains, and cooperative, connected and automated mobility. In order to retain its global competitiveness and access to markets, the Union needs a regulatory framework, including a particular incentive in the area of zero- and low-emission vehicles, which will contribute to creating a large domestic market and support technological development and innovation.

(20) A dedicated incentive mechanism should be introduced to facilitate a smooth transition towards zero-emission mobility. That mechanism should be designed so as to promote the deployment on the Union market of zero- and low-emission vehicles. Also, a specific transitional measure should be put in place to enable access to zero- and low-emission vehicles to consumers from Member States with low levels of market penetration of such vehicles.

(21) Setting appropriate benchmarks for the share of zero- and low-emission vehicles in the EU fleet, together with a well-designed mechanism for adjusting a manufacturer's specific emissions target based on the share of zero- and low-emission vehicles in the manufacturer's own fleet, should provide a strong and credible signal for the development, deployment and marketing of such vehicles while still allowing for the further improvement of the efficiency of the conventional internal combustion engines.

(22) In determining the credits for the zero- and low-emission vehicles, it is appropriate to account for the difference in CO₂ emissions between the vehicles. As concerns passenger cars, the role of low-emission vehicles, in particular of plug-in hybrid vehicles, in the transition towards zero-emission vehicles should be recognised. The adjustment mechanism should ensure that a manufacturer exceeding the benchmark level would benefit from a higher specific emissions target. In order to ensure a balanced approach, limits should be set to the level of adjustment possible within that mechanism. This will provide for incentives, promoting a timely roll-out of recharging and refuelling infrastructure and yielding high benefits for consumers, competitiveness and the environment.

(23) The legislative framework for implementing the EU fleet-wide target should ensure competitively neutral, socially equitable and sustainable emissions reduction targets which take account of the diversity of European automobile manufacturers and avoid any unjustified distortion of competition between them.

(24) In order to maintain the diversity of the market for passenger cars and light commercial vehicles and its ability to cater for different consumer needs, specific emissions targets should be defined according to the utility of the vehicles on a linear basis. Maintaining mass as the utility parameter is considered coherent with the existing regime. In order to better reflect the mass of vehicles used on the road, the parameter should be changed, with effect from 2025, from mass in running order to the vehicle's test mass, as specified in the WLTP.

(25) It should be avoided that the EU fleet-wide targets are altered due to changes in the average mass of the fleet. Changes in the average mass should therefore be reflected without delay in the specific emissions target calculations, and the adjustments of the average mass value that is used to this end should take place every two years with effect from 2025.

(26) In order to distribute the emissions reduction effort in a competitively neutral and fair way that reflects the diversity of the market for passenger cars and light commercial vehicles, and in view of the change in 2021 to WLTP-based specific emissions targets, it is appropriate to determine the slope of the limit value curve on the basis of the specific emissions of CO₂ of all new vehicles registered in that year, and to take into account the change in the EU fleet-wide targets between 2021, 2025 and 2030 with a view to ensuring an equal emissions reduction effort of all manufacturers. With regard to light commercial vehicles, the same approach as that for passenger car manufacturers should apply to manufacturers of lighter, car derived vans, while for manufacturers of vehicles falling within the heavier segments, a higher and fixed slope should be set for the whole target period.

(27) This Regulation aims to achieve its objectives by, inter alia, creating incentives for the automotive industry to invest in new technologies. This Regulation actively promotes eco-innovation and provides a mechanism that should be able to acknowledge future technological development. Experience shows that eco-innovations have successfully contributed to the cost-effectiveness of Regulations (EC) No 443/2009 and (EU) No 510/2011 and to the reduction of real-world CO₂ emissions. This modality should, therefore, be maintained and the scope should be extended to incentivise efficiency improvements in air-conditioning systems.

(28) A balance should be ensured, however, between incentives given to eco-innovations and those technologies for which the emissions reduction effect is demonstrated on the official test procedure. As a consequence, it is appropriate to maintain a cap on the eco-innovation savings that a manufacturer may take into account for target compliance purposes. The Commission should have the possibility to review the level of that cap, in particular, to take into account the effects of the change in the official test procedure. It is also appropriate to clarify how the savings should be calculated for target compliance purposes.

(29) Sustainable light-weight components are important in reducing the energy consumption and CO₂ emissions of new vehicles. Their further development and deployment should support the transition towards zero- and low-emission mobility.

(30) Directive 2007/46/EC of the European Parliament and of the Council(13) established a harmonised framework containing the administrative provisions and general technical requirements for approval of all new vehicles within its scope. The entity responsible for complying with this Regulation should be the same as the entity responsible for all aspects of the type-approval process in accordance with Directive 2007/46/EC and for ensuring conformity of production.

(31) For the purposes of type-approval, specific requirements apply for special-purpose vehicles, as defined in Annex II to Directive 2007/46/EC, and they should therefore be excluded from the scope of this Regulation.

(32) In cases where zero-emission light commercial vehicles with a reference mass exceeding 2 610 kg or 2 840 kg, as the case may be, would fall outside the scope of this Regulation due only to the mass of the energy storage system, it is appropriate to allow those vehicles to be counted as falling within the scope.

(33) It is not appropriate to use the same method to determine the emissions reduction targets for large-volume manufacturers as for small-volume manufacturers that are considered as independent on the basis of the criteria set out in this Regulation. Those small-volume manufacturers should have the possibility to apply for alternative emissions reduction targets relating to the technological potential of a given manufacturer's vehicles to reduce their specific emissions of CO₂ and consistent with the characteristics of the market segments concerned.

(34) In recognition of the disproportionate impact on the smallest manufacturers that would result from compliance with specific emissions targets defined on the basis of the utility of the vehicle, the high administrative burden of the derogation procedure, and the marginal resulting benefit in terms of CO₂ emissions reduction from the vehicles sold by those manufacturers, manufacturers responsible for fewer than 1 000 new passenger cars and new light commercial vehicles registered annually in the Union should be excluded from the scope of the specific emissions target and the excess emissions premium. However, where a manufacturer that is covered by an exemption nevertheless applies for, and is granted, a derogation, it is appropriate that such manufacturer should be required to comply with that derogation target.

(35) The procedure for granting derogations from the 95 g CO₂/km EU fleet-wide target to niche car manufacturers ensures that the emissions reduction effort required by those niche manufacturers is consistent with that of large-volume manufacturers with regard to that target. It is appropriate to continue to provide those niche manufacturers with the possibility of being granted a derogation also from the targets applicable from 2025, until 2028.

(36) In determining the average specific emissions of CO₂ for all the new passenger cars and new light commercial vehicles registered in the Union for which manufacturers are responsible, all passenger cars and light commercial vehicles should be taken into account irrespective of their mass or other characteristics, as the case may be. Although Regulation (EC) No 715/2007 does not cover passenger cars and light commercial vehicles with a reference mass exceeding 2 610 kg and to which type-approval is not extended in accordance with Article 2(2) of that Regulation, the emissions for these vehicles should be measured in accordance with the same measurement procedures as specified pursuant to Regulation (EC) No 715/2007, notably the procedures set out in Commission Regulation (EC) No 692/2008(14) and in Regulation (EU) 2017/1151, and the correlation procedures adopted on the basis of Regulations (EC) No 443/2009 and (EU) No 510/2011, in particular Implementing Regulations (EU) 2017/1152 and (EU) 2017/1153. The resulting CO₂ emission values should be entered in the certificate of conformity of the vehicle in order to enable their inclusion in the monitoring scheme.

(37) The specific emissions of CO₂ of completed light commercial vehicles should be allocated to the manufacturer of the base vehicle.

(38) Consideration should be given to the specific situation of manufacturers of light commercial vehicles producing incomplete vehicles that are type-approved in multiple stages. While those manufacturers are responsible for meeting the CO₂ emissions targets, they should have the possibility to predict with reasonable certainty the CO₂ emissions of the completed vehicles. The Commission should ensure that those needs are appropriately reflected in the implementing measures adopted pursuant to Regulation (EC) No 715/2007.

(39) In order to provide for flexibility for the purposes of meeting their targets under this Regulation, manufacturers may agree to form a pool on an open, transparent and non-discriminatory basis. An agreement to form a pool should not exceed five years but should be able to be renewed. Where manufacturers form a pool, they should be deemed to have met their targets under this Regulation provided that the average emissions of the pool as a whole do not exceed the specific emissions target for the pool.

(40) The possibility for manufacturers to form pools has proven a cost-effective way to achieve compliance with the CO₂ emissions targets, in particular facilitating compliance for those manufacturers that produce a limited range of vehicles. In order to improve competitive neutrality, the Commission should have the powers to clarify the conditions on which independent manufacturers may form a pool in order to allow them to be placed in a position equivalent to connected undertakings.

(41) A robust compliance mechanism is necessary in order to ensure that the targets under this Regulation are met.

(42) For achieving the CO₂ emissions reductions required under this Regulation, it is also essential that the emissions of vehicles in use are in conformity with the CO₂ values determined at type-approval. It should therefore be possible for the Commission to take into account in the calculation of the average specific emissions of CO₂ of a manufacturer any systemic non-conformity found by type-approval authorities with regard to the CO₂ emissions of vehicles in use.

(43) The Commission should have the powers to establish and implement a procedure for verifying the correspondence between the CO₂ emissions of vehicles in-service, as determined in accordance with the WLTP, and the CO₂ emission values recorded in the certificates of conformity. In developing that procedure, particular consideration should be given to identifying methods, including the use of data from on-board fuel and/or energy consumption monitoring devices, for detecting strategies through which a vehicle's CO₂ performance is artificially improved in the type-approval test procedure. Where deviations or strategies that artificially improve a vehicle's CO₂ performance are found in the course of such verifications, those findings are to be considered as sufficient reason to suspect that there is a serious risk of non-compliance with regard to the requirements laid down in Regulation (EU) 2018/858 of the European Parliament and of the Council(15) and Regulation (EC) No 715/2007, and Member States should on that basis take the necessary measures pursuant to Chapter XI of Regulation (EU) 2018/858.

(44) The specific emissions of CO₂ from new passenger cars and light commercial vehicles are measured on a harmonised basis in the Union in accordance with the WLTP. To minimise the administrative burden of this Regulation, compliance should be measured by reference to data on registrations of new passenger cars and light commercial vehicles in the Union collected by Member States and reported to the Commission. To ensure the consistency of the data used to assess compliance, the rules for the collection and reporting of that data should be harmonised as far as possible. The competent authorities' responsibility to provide correct and complete data should, therefore, be clearly stated as well as the need for an effective cooperation between those authorities and the Commission in addressing data quality issues.

(45) Manufacturers' compliance with the targets set out in this Regulation should be assessed at Union level. Manufacturers whose average specific emissions of CO₂ exceed those permitted under this Regulation should pay an excess emissions premium with respect to each calendar year. The amounts of the excess emissions premium should be considered as revenue for the general budget of the Union. The Commission should, in its 2023 review, evaluate the possibility of allocating the amounts of the excess emissions premium to a specific fund or a relevant programme that aims to ensure a just transition towards zero-emission mobility and to support re-skilling, up-skilling and other skills training of workers in the automotive sector.

(46) Any national measure that Member States may maintain or introduce in accordance with Article 193 of the Treaty on the Functioning of the European Union (TFEU) should not, in consideration of the purpose of, and procedures established in, this Regulation, impose additional or more stringent penalties on manufacturers who fail to meet their targets under this Regulation.

(47) This Regulation should be without prejudice to the full application of Union competition rules.

(48) The effectiveness of the targets set out in this Regulation in reducing CO₂ emissions in reality is strongly dependent on the real-world representativeness of the official test procedure. In accordance with scientific opinion 1/2016 of the Scientific Advice Mechanism (SAM) entitled ‘Closing the gap between light-duty vehicle real-world CO₂ emissions and laboratory testing’ and the European Parliament recommendation of 4 April 2017 to the Council and the Commission following its inquiry into emission measurements in the automotive sector(16), a mechanism should be put in place to assess the real-world representativeness of vehicle CO₂ emissions and energy consumption values determined in accordance with the WLTP. The most reliable way to ensure the real-world representativeness of type-approval values is by using data from the on-board fuel and/or energy consumption monitoring devices. The Commission should, therefore, have the powers to develop the procedures needed for collecting and processing fuel and energy consumption data required for making such assessments and to ensure the public availability of such data, whilst providing for the protection of any personal data. Moreover, it is appropriate, in order to ensure the availability of fuel and energy consumption data from battery electric vehicles and vehicles with power trains using gaseous fuels, including hydrogen, that the work on standardisation of the on-board fuel and/or energy consumption monitoring devices for such vehicles will be pursued without delay as part of the implementation of Regulation (EU) 2017/1151.

(49) The Commission should, moreover, assess how fuel and energy consumption data may help to ensure that the vehicle CO₂ emissions determined in accordance with the WLTP remain representative of real-world emissions over time for all manufacturers and, more precisely, how such data can be used to monitor the gap between laboratory and real-world CO₂ emissions and, where necessary, to prevent this gap from increasing.

(50) It is important to assess the full life-cycle emissions from passenger cars and light commercial vehicles at Union level. To that end, the Commission should no later than 2023 evaluate the possibility of developing a common Union methodology for the assessment and the consistent data reporting of the full life-cycle CO₂ emissions of such vehicles placed on the Union market. The Commission should adopt follow-up measures, including, where appropriate, legislative proposals.

(51) In 2024, a review of the progress achieved under Regulation (EU) 2018/842 and Directive 2003/87/EC will take place. It is therefore appropriate to review comprehensively the effectiveness of this Regulation in 2023 to allow a coordinated and coherent assessment of the measures implemented under all those instruments. In that review of 2023, the Commission should also identify a clear pathway for further CO₂ emissions reductions for passenger cars and light commercial vehicles beyond 2030 in order to significantly contribute to achieving the long-term goal of the Paris Agreement. Where appropriate, the report on that review should be accompanied by a proposal to amend this Regulation.

(52) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in relation to the specification of detailed conditions for pooling arrangements, adoption of detailed rules on the procedures for monitoring and reporting of data on average emissions and on the application of Annexes II and III, adoption of detailed rules on the procedures for reporting of deviations found, as a result of verifications, in the CO₂ emissions of vehicles in-service and taking those deviations into account in the calculation of the average specific emissions of CO₂ of a manufacturer, determination of the means for collecting excess emissions premiums, publication of performance of manufacturers, adoption of detailed provisions for a procedure to approve the innovative technologies or innovative technology packages, adoption of a detailed procedure for collecting and processing the parameters relating to real-world CO₂ emissions and fuel or energy consumption of passenger cars and light commercial vehicles, determination of the procedures for performing the verifications (i) that the CO₂ emission and fuel consumption values recorded in the certificates of conformity correspond to the CO₂ emissions from, and fuel consumption of, vehicles in-service; and (ii) the presence of any strategies on board or relating to the sampled vehicles that artificially improve the vehicle's performance in the tests performed for the purpose of type-approval, and determination of the correlation parameters necessary in order to reflect any change in the regulatory test procedure for the measurement of specific emissions of CO₂. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(17).

(53) In order to amend or supplement, as appropriate, non-essential elements of the provisions of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending data requirements and data parameters set out in Annexes II and III of this Regulation, laying down rules, as regards the interpretation of the eligibility criteria for derogations for certain manufacturers, the content of the applications for a derogation, and the content and assessment of programmes for the reduction of specific emissions of CO₂, amending Part A of Annex I of this Regulation for the purpose of setting out the calculation formulae of the derogation targets for niche manufacturers, adjusting the cap for total contribution of innovative technologies to reducing the average specific emissions of CO₂ of a manufacturer with effect from 2025 onwards, setting out the guiding principles and criteria for defining the procedures for performing the verifications, establishing the measures for adjustment of M₀ and TM₀ values, and adapting the formulae for calculating the specific emissions targets to reflect the change in the regulatory test procedure. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making(18). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(54) Regulations (EC) No 443/2009 and (EU) No 510/2011 should be repealed with effect from 1 January 2020.

(55) Since the objectives of this Regulation, namely the establishment of CO₂ emissions performance requirements for new passenger cars and new light commercial vehicles, cannot be sufficiently achieved by the Member States, but can rather, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,

HAVE ADOPTED THIS REGULATION:

Article 1 U.K. Subject matter and objectives

1. This Regulation establishes CO₂ emissions performance requirements for new passenger cars and for new light commercial vehicles [F1 registered in Northern Ireland] in order to contribute to achieving the [F2 United Kingdom’s target of achieving net zero greenhouse gas emissions by 2050], and the objectives of the Paris Agreement F3 ....

F4 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (8) This Regulation establishes an application process for the approval of CO₂ savings to be achieved through the use of innovative technologies, or a combination of innovative technologies, fitted to new passenger cars or new light commercial vehicles registered in the United Kingdom.]

Textual Amendments

F1 Words in Art. 1(1) inserted (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(3)(a) (with art. 117)

F2 Words in Art. 1(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(2)(a)(i)

F3 Words in Art. 1(1) omitted (31.12.2020) 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(3), 3(2)(a)(ii)

F4 Art. 1(2)-(7) revoked (1.1.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(2) (with art. 25)

F5 Art. 1(8) inserted (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(3)(d) (with art. 117)

Article 2 U.K. Scope

[F6 1. This paragraph and paragraphs 2, 3 and 5 of this Article, and Articles 1, 3, 11, 12, 13, F7 ..., 17, 18 and 19 of this Regulation apply to the whole of the United Kingdom. Those paragraphs and Articles apply to the following vehicles—

(a) category M1 as defined in Article 4 of Regulation (EU) 2018/858, as it has effect in domestic law (in respect of vehicles with GB type-approval), or, where relevant, Article 4 of Regulation (EU) 2018/858 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval) (“passenger cars”), which are registered in the United Kingdom for the first time and which have not previously been registered outside the United Kingdom (“new passenger cars”);

(b) category N1 as defined in Article 4 of Regulation (EU) 2018/858, as it has effect in domestic law (in respect of vehicles with GB type-approval), or, where relevant, Article 4 of Regulation (EU) 2018/858 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), with a reference mass not exceeding 2 610 kg, and vehicles of category N1 to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007 (“light commercial vehicles”), as it has effect in domestic law (in respect of vehicles with GB type-approval) or, where relevant, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), which are registered in the United Kingdom for the first time and which have not previously been registered outside the United Kingdom (“new light commercial vehicles”). In the case of zero-emission vehicles of category N with a reference mass exceeding 2 610 kg or 2 840 kg, as the case may be, they shall, from 1 January 2025, for the purposes of this Regulation and without prejudice to Regulation (EU) 2018/858 and Regulation (EC) No 715/2007, as those Regulations have effect in domestic law (in respect of vehicles with GB type-approval) and, where relevant, as those Regulations have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), be counted as UK light commercial vehicles falling within the scope of this Regulation if the excess reference mass is due only to the mass of the energy storage system.]

F8 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. [F9 For the purposes of paragraph 1, a] previous registration outside [F10 the United Kingdom] made less than three months before registration in [F10 the United Kingdom] shall not be taken into account.

F11 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 3. This Regulation does not apply to special purpose vehicles as defined in:

(a) point 5 of Part A of Annex 1 to Regulation (EU) 2018/858, as that Regulation has effect in domestic law, in the case of vehicles with GB type-approval; or

(b) point 5 of Part A of Annex 1 to Regulation (EU) 2018/858, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, in the case of vehicles with UK (NI) type-approval or EU type-approval.]

F13 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14 5. [F15 Paragraph 1] shall not apply to any vehicle registered in [F16 the United Kingdom] which is permanently removed from [F16 the United Kingdom] within three months after that registration.]

F17 (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Art. 2(1) substituted (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(4)(a) (with art. 117)

F7 Word in Art. 2(1) omitted (1.1.2025) by virtue of The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(3)

F8 Art. 2(1A) revoked (1.1.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(2) (with art. 25)

F9 Words in Art. 2(2) substituted (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(4)(c) (with art. 117)

F10 Words in Art. 2(2) substituted (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(3)(a)

F11 Art. 2(2A) revoked (1.1.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(2) (with art. 25)

F12 Art. 2(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(3)(b)

F13 Art. 2(4) revoked (E.W.S.) (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(1) (with arts. 116, 117); and Art. 2(4) revoked (N.I.) (1.1.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(1) (with art. 25)

F14 Art. 2(5) inserted (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(3)(d)

F15 Words in Art. 2(5) substituted (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(4)(e) (with art. 117)

F16 Words in Art. 2(5) substituted (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(3)(a)

F17 Art. 2(5A) revoked (1.1.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(2) (with art. 25)

F18 Art. 2(6) omitted (3.1.2024) by virtue of The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(4)(g) (with art. 117)

Article 3 U.K. Definitions

1. For the purposes of this Regulation, the following definitions apply:

(a) ‘average specific emissions of CO₂’ means, in relation to a manufacturer, the average of the specific emissions of CO₂ of all new passenger cars or of all new light commercial vehicles of which it is the manufacturer;

(b) ‘certificate of conformity’ means the certificate of conformity referred to in [F19 Articles 36 and 37 of Regulation (EU) 2018/858, as it has effect in domestic law, or as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol];

(c) ‘completed vehicle’ means a light commercial vehicle where type-approval is granted following completion of a process of multi-stage type-approval in accordance with [F20 Regulation (EU) 2018/858, as it has effect in domestic law, or as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol];

(d) ‘complete vehicle’ means any light commercial vehicle which does not need to be completed in order to meet the relevant technical requirements of [F21 Regulation (EU) 2018/858, as it has effect in domestic law, or as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol];

(e) ‘base vehicle’ means any light commercial vehicle which is used at the initial stage of a multi-stage type-approval process;

[F22 (f) “manufacturer” means the person or body responsible to the relevant approval authority for all aspects of:

(i) the GB type-approval procedure, the UK (NI) type-approval procedure or the EU type-approval procedure; and

(ii) for ensuring conformity of production.]

(g) ‘mass in running order’ or ‘M’ means the mass of the passenger car or light commercial vehicle with bodywork in running order as stated in the certificate of conformity and defined F23 ...[F24 in point 2.6 of Annex 1 to Commission Implementing Regulation (EU) 2020/683 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol];

(h) ‘specific emissions of CO₂’ means the CO₂ emissions of a passenger car or a light commercial vehicle measured in accordance with Regulation (EC) No 715/2007 and its implementing Regulations [F25 , as that Regulation and its implementing Regulations have effect in domestic law or, as the case may be, as that Regulation and its implementing Regulations have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,] and specified as the CO₂ mass emissions (combined) in the certificate of conformity of the vehicle. For passenger cars or light commercial vehicles which are not type-approved in accordance with Regulation (EC) No 715/2007 [F26 as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,] ‘specific emissions of CO₂’ means the CO₂ emissions measured pursuant to Regulation (EC) No 715/2007 [F27 as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,] notably in accordance with the same measurement procedure as specified F28 ... in Regulation (EU) 2017/1151, [F29 as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,] or in accordance with procedures adopted by the [F30 Secretary of State] to establish the CO₂ emissions for such vehicles;

(i) ‘footprint’ means the average track width multiplied by the wheelbase as stated in the certificate of conformity and defined in F31 ... [F32 points 2.1 and 2.3 of Annex 1 to Commission Implementing Regulation (EU) 2020/683 as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol];

(j) ‘specific emissions target’ means, in relation to a manufacturer, the annual target determined in accordance with Annex I or, if the manufacturer is granted a derogation in accordance with Article 10, the specific emissions target determined according to that derogation;

(k) ‘[F33 Northern Ireland fleet-wide] target’ means the average CO₂ emissions of [F34 all new NI passenger cars or all new NI light commercial vehicles] to be achieved in a given period;

(l) ‘test mass’ or ‘TM’ means the test mass of a passenger car or light commercial vehicle as stated in the certificate of conformity and as defined in F35 ... [F36 point 3.2.25 of Annex 11 to Regulation (EU) 2017/1151 as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol];

(m) ‘zero- and low-emission vehicle’ means a passenger car or a light commercial vehicle with tailpipe emissions from zero up to 50 g CO₂/km, as determined in accordance with Regulation (EU) 2017/1151 [F37 , as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol];

(n) ‘payload’ means the difference between the technically permissible maximum laden mass pursuant to [F38 Article 2 of Commission Regulation (EU) 1230/2012 or, as the case may be, paragraph 1.6 of Section A of Part 2 of Annex 8 to Regulation (EU) 2021/535, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,] and the mass of the vehicle [F39 ;

(o) ‘passenger cars’ and ‘new passenger cars’ have the meanings given in Article 2(1)(a);

(p) ‘light commercial vehicles’ and ‘new light commercial vehicles’ have the meanings given in Article 2(1)(b)];

[F40 (pa) “NI passenger cars” and “new NI passenger cars” have the meanings given in Article 2(1A)(a);

(pb) “NI light commercial vehicles” and “new NI light commercial vehicles” have the meanings given in Article 2(1A)(b);]

[F41 (q) “GB type-approval” means the procedure whereby the approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements of Regulation (EU) 2018/858, and “GB type-approved” is to be construed accordingly;

(r) “UK (NI) type-approval” means an EU type-approval granted by the Secretary of State in respect of Northern Ireland in accordance with Regulation (EU) 2018/858, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, and “UK (NI) type-approved” is to be construed accordingly;

(s) “EU type-approval” means the procedure whereby an approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements of Regulation (EU) 2018/858, as it has effect in EU law as amended from time to time, and “EU type-approved” is to be construed accordingly;

(t) “approval authority” means the authority or authorities with competence for all aspects of the type-approval of a vehicle, system, component or separate technical unit, or of the individual vehicle approval, for the authorisation process for parts and equipment, for issuing and, if appropriate, for withdrawing or refusing type-approval certificates, for designating the technical services, and for ensuring that the manufacturer meets its obligations regarding the conformity of production;

(u) “type-approval certificate” means the document whereby the approval authority officially certifies that a type of vehicle, system, component or separate technical unit is type-approved;

(v) “the Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.]

2. For the purposes of this Regulation, ‘a group of connected manufacturers’ means a manufacturer and its connected undertakings. In relation to a manufacturer, ‘connected undertakings’ means:

(a) undertakings in which the manufacturer has, directly or indirectly:

(i)

the power to exercise more than half the voting rights; or

(ii)

the power to appoint more than half the members of the supervisory board, board of management or bodies legally representing the undertaking; or

(iii)

the right to manage the undertaking's affairs;

(b) undertakings which directly or indirectly have, over the manufacturer, the rights or powers referred to in point (a);

(c) undertakings in which an undertaking referred to in point (b) has, directly or indirectly, the rights or powers referred to in point (a);

(d) undertakings in which the manufacturer together with one or more of the undertakings referred to in point (a), (b) or (c), or in which two or more of the latter undertakings, jointly have the rights or powers referred to in point (a);

(e) undertakings in which the rights or the powers referred to in point (a) are jointly held by the manufacturer or one or more of its connected undertakings referred to in points (a) to (d) and one or more third parties.

Textual Amendments

F19 Words in Art. 3(1)(b) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(4)(a)

F20 Words in Art. 3(1)(c) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(4)(b)

F21 Words in Art. 3(1)(d) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(4)(b)

F22 Art. 3(1)(f) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(4)(c)

F23 Words in Art. 3(1)(g) omitted (3.1.2024) by virtue of The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(5)(a) (with art. 117)

F24 Words in Art. 3(1)(g) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(4)(d)

F25 Words in Art. 3(1)(h) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(4)(e)(i)

F26 Words in Art. 3(1)(h) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(4)(e)(ii)

F27 Words in Art. 3(1)(h) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(4)(e)(iii)

F28 Words in Art. 3(1)(h) omitted (31.12.2020) 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(3), 3(4)(a)(i)(aa)

F29 Words in Art. 3(1)(h) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(4)(e)(iv)

F30 Words in Art. 3(1)(h) 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(4)(a)(i)(bb)

F31 Words in Art. 3(1)(i) omitted (3.1.2024) by virtue of The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(5)(b) (with art. 117)

F32 Words in Art. 3(1)(i) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(4)(f)

F33 Words in Art. 3(1)(k) substituted (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(5)(c)(i) (with art. 117)

F34 Words in Art. 3(1)(k) substituted (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(5)(c)(ii) (with art. 117)

F35 Words in Art. 3(1)(l) omitted (3.1.2024) by virtue of The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(5)(d) (with art. 117)

F36 Words in Art. 3(1)(l) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(4)(g)

F37 Words in Art. 3(1)(m) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(4)(h)

F38 Words in Art. 3(1)(n) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(4)(i)

F39 Art. 3(1)(o)(p) inserted (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(4)(a)(iii)

F40 Art. 3(1)(pa)(pb) inserted (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(5)(e) (with art. 117)

F41 Art. 3(1)(q)-(v) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(4)(j)

F42 Article 4 U.K. Specific emissions targets

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42 Art. 4 revoked (E.W.S.) (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(1) (with arts. 116, 117); and Art. 4 revoked (N.I.) (1.1.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(1) (with art. 25)

F43 Article 5 U.K. Super-credits

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43 Art. 5 revoked (E.W.S.) (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(1) (with arts. 116, 117); and Art. 5 revoked (N.I.) (1.1.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(1) (with art. 25)

F44 Article 6 U.K. Pooling

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44 Art. 6 revoked (E.W.S.) (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(1) (with arts. 116, 117); and Art. 6 revoked (N.I.) (1.1.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(1) (with art. 25)

F45 Article 7 U.K. Monitoring and reporting of average emissions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45 Art. 7 revoked (E.W.S.) (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(1) (with arts. 116, 117); and Art. 7 revoked (N.I.) (1.1.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(1) (with art. 25)

F46 Article 7a U.K. Appeals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46 Art. 7a revoked (E.W.S.) (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(1) (with arts. 116, 117); and Art. 7a revoked (N.I.) (1.1.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(1) (with art. 25)

F47 Article 8 U.K. Excess emissions premium

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47 Art. 8 revoked (E.W.S.) (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(1) (with arts. 116, 117); and Art. 8 revoked (N.I.) (1.1.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(1) (with art. 25)

F48 Article 9 U.K. Publication of performance of manufacturers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48 Art. 9 revoked (E.W.S.) (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(1) (with arts. 116, 117); and Art. 9 revoked (N.I.) (1.1.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(1) (with art. 25)

F49 Article 10 U.K. Derogations for certain manufacturers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49 Art. 10 revoked (E.W.S.) (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(1) (with arts. 116, 117); and Art. 10 revoked (N.I.) (1.1.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(1) (with art. 25)

Article 11 U.K. Eco-innovation

1. Upon application by a supplier or a manufacturer, CO₂ savings achieved through the use of innovative technologies or a combination of innovative technologies (‘innovative technology packages’) shall be considered.

Such technologies shall be taken into consideration only if the methodology used to assess them is capable of producing verifiable, repeatable and comparable results.

The total contribution of those technologies to reducing the [F50 CO₂ emissions of a new passenger car or a new light commercial vehicle] may be up to 7 g CO₂/km.

The [F51 Regulations may] amend this Regulation by adjusting the cap referred to in the third subparagraph of this paragraph with effect from 2025 onwards to take into account technological developments while ensuring a balanced proportion of the level of that cap in relation to the [F52 CO₂ emissions of new passenger cars or new light commercial vehicles].

2. [F53 Regulations must set out] detailed provisions for a procedure to approve the innovative technologies or innovative technology packages referred to in paragraph 1 of this Article. F54 ... Those detailed provisions shall be based on the following criteria for innovative technologies:

(a) the supplier or manufacturer must be accountable for the CO₂ savings achieved through the use of the innovative technologies;

(b) the innovative technologies must make a verified contribution to CO₂ reduction;

(c) the innovative technologies must not be covered by the standard test cycle CO₂ measurement;

(d) the innovative technologies must not:

(i)

be covered by mandatory provisions due to complementary additional measures complying with the 10 g CO₂/km reduction referred to in Article 1(3); or

(ii)

be mandatory under other provisions of [F55 United Kingdom law].

With effect from 1 January 2025, the criterion referred to in point (d)(i) of the first subparagraph shall not apply with regard to efficiency improvements for air conditioning systems.

3. A supplier or a manufacturer that applies for a measure to be approved as an innovative technology or innovative technology package shall submit a report, including a verification report undertaken by an independent and certified body, to the [F56 Secretary of State]. In the event of a possible interaction of the measure with another innovative technology or innovative technology package already approved, that report shall mention that interaction and the verification report shall evaluate to what extent that interaction modifies the reduction achieved by each measure.

4. The [F57 Secretary of State] shall attest the reduction achieved on the basis of the criteria set out in paragraph 2.

Textual Amendments

F50 Words in Art. 11(1) substituted (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(10)(a) (with art. 117)

F51 Words in Art. 11(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(13)(a)

F52 Words in Art. 11(1) substituted (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(10)(b) (with art. 117)

F53 Words in Art. 11(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(13)(b)(i)

F54 Words in Art. 11(2) omitted (31.12.2020) 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(3), 3(13)(b)(ii)

F55 Words in Art. 11(2)(d)(ii) 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(13)(b)(iii)

F56 Words in Art. 11(3) 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(13)(c)

F57 Words in Art. 11(4) 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(13)(d)

Article 12 U.K. Real-world CO₂ emissions and fuel or energy consumption

1. The [F58 Secretary of State] shall monitor and assess the real-world representativeness of the CO₂ emissions and fuel or energy consumption values determined pursuant to Regulation (EC) No 715/2007 [F59 , as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol].

Furthermore, the [F58 Secretary of State] shall regularly collect data on the real-world CO₂ emissions and fuel or energy consumption of passenger cars and light commercial vehicles using on-board fuel and/or energy consumption monitoring devices, starting with new passenger cars and new light commercial vehicles registered in 2021.

The [F58 Secretary of State] shall ensure that the public is informed of how that real-world representativeness evolves over time.

2. For the purpose referred to in paragraph 1, starting from 1 January 2021, the [F60 Secretary of State] shall ensure that the following parameters relating to real-world CO₂ emissions and fuel or energy consumption of passenger cars and light commercial vehicles are made available at regular intervals to [F61 the Secretary of State], from manufacturers, national authorities or through direct data transfer from vehicles, as the case may be:

(a) vehicle identification number;

(b) fuel and/or electric energy consumed;

(c) total distance travelled;

(d) for externally chargeable hybrid electric vehicles, the fuel and electric energy consumed and the distance travelled distributed over the different driving modes;

(e) other parameters necessary to ensure that the obligations set out in paragraph 1 can be met.

The [F60 Secretary of State] shall process the data received under the first subparagraph to create anonymised and aggregated datasets, including per manufacturer, for the purposes of paragraph 1. The vehicle identification numbers shall be used only for the purpose of that data processing and shall not be retained longer than needed for that purpose.

3. In order to prevent the real-world emissions gap from growing, the [F62 Secretary of State] shall, no later than 1 June 2023, assess how fuel and energy consumption data may be used to ensure that the vehicle CO₂ emissions and fuel or energy consumption values determined pursuant to Regulation (EC) No 715/2007 [F63 , as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,] remain representative of real-world emissions over time for each manufacturer.

The [F62 Secretary of State] shall monitor and report annually on how the gap referred to in the first subparagraph evolves over the period 2021 to 2026 and shall, with the view to preventing an increase in that gap, assess, in 2027, the feasibility of a mechanism to adjust the manufacturer's average specific emissions of CO₂ as of 2030, and, if appropriate, submit a legislative proposal to put such a mechanism in place.

4. [F64 Regulations may set out] the detailed procedure for collecting and processing the data referred to in paragraph 2 of this Article. F65 ...

Textual Amendments

F58 Words in Art. 12(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(14)(a)

F59 Words in Art. 12(1) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(7)(a)

F60 Words in Art. 12(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(14)(b)(i)

F61 Words in Art. 12(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(14)(b)(ii)

F62 Words in Art. 12(3) 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(14)(c)

F63 Words in Art. 12(3) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(7)(b)

F64 Words in Art. 12(4) 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(14)(d)(i)

F65 Words in Art. 12(4) omitted (31.12.2020) 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(3), 3(14)(d)(ii)

Article 13 U.K. Verification of the CO₂ emissions of vehicles in-service

1. Manufacturers shall ensure that the CO₂ emission and fuel consumption values recorded in the certificates of conformity correspond to the CO₂ emissions from, and fuel consumption of, vehicles in-service as determined in accordance with Regulation (EU) 2017/1151 [F66 , as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol].

2. Following the entry into force of the procedures referred to in the first subparagraph of paragraph 4, [F67 the Secretary of State shall verify], on the basis of appropriate and representative vehicle samples, that the CO₂ emission and fuel consumption values recorded in the certificates of conformity correspond to the CO₂ emissions from, and fuel consumption of, vehicles in-service as determined in accordance with Regulation (EU) 2017/1151 [F68 , as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,] while considering, inter alia, available data from on-board fuel and/or energy consumption monitoring devices.

[F69 The Secretary of State] shall also verify the presence of any strategies on board or relating to the sampled vehicles that artificially improve the vehicle's performance in the tests performed for the purpose of type-approval by, inter alia, using data from on-board fuel and/or energy consumption monitoring devices.

3. Where a lack of correspondence of CO₂ emission and fuel consumption values or the presence of any strategies artificially improving a vehicle's performance is found as a result of the verifications performed pursuant to paragraph 2, the responsible type-approval authority shall, in addition to taking the necessary measures set out in Chapter XI of Regulation (EU) 2018/858, [F70 as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time or by virtue of the Northern Ireland Protocol,] ensure the correction of the certificates of conformity.

4. [F71 Regulations may set out] the procedures for performing the verifications referred to in paragraph 2 of this Article. F72 ...

[F73 Before making regulations referred to in the first subparagraph, the Secretary of State may make regulations setting out the guiding principles and criteria for defining the procedures referred to in that subparagraph.]

Textual Amendments

F66 Words in Art. 13(1) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(8)(a)

F67 Words in Art. 13(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(15)(a)(i)

F68 Words in Art. 13(2) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(8)(b)

F69 Words in Art. 13(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(15)(a)(ii)

F70 Words in Art. 13(3) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 3(8)(c)

F71 Words in Art. 13(4) 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(15)(b)(i)(aa)

F72 Words in Art. 13(4) omitted (31.12.2020) 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(3), 3(15)(b)(i)(bb)

F73 Words in Art. 13(4) 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(15)(b)(ii)

F74 Article 14 U.K. Adjustment of M₀ and TM₀ values

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74 Art. 14 revoked (E.W.S.) (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(1) (with arts. 116, 117); and Art. 14 revoked (N.I.) (1.1.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(1) (with art. 25)

F75 Article 15 U.K. Review and report

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75 Art. 15 revoked (1.1.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(2) (with art. 25)

F76 Article 16 U.K. Committee procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 Art. 16 omitted (31.12.2020) 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(3), 3(18)

[F77 Article 17 U.K. Regulations

1. Any power to make regulations under this Regulation—

(a) is exercisable by the Secretary of State by statutory instrument; and

(b) includes power to make:

(i) different provision for different cases or descriptions of case, different circumstances or different purposes;

(ii) consequential, incidental, supplementary, transitional or transitory provision or savings.

2. A statutory instrument containing regulations under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F77 Art. 17 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(19)

Article 18 U.K. Repeal

F78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

References to [F79 Regulations (EC) No 443/2009 and (EU) No 510/2011 are to] be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex V.

Textual Amendments

F78 Words in Art. 18 omitted (31.12.2020) 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(3), 3(20)(a)

F79 Words in Art. 18 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(20)(b)

Article 19 U.K. Entry into force

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

F80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80 Words after Reg. 19 omitted (31.12.2020) 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(3), 3(21)(a)

F81 ...

Textual Amendments

F81 Words in Signature omitted (31.12.2020) 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(3), 3(21)(b)

F82 ANNEX I U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82 Annexes 1-5 revoked (E.W.S.) (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 110(1) (with arts. 116, 117); and revoked (N.I.) (1.1.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), art. 1(3), reg. 24(1) (with art. 25)

F82 ANNEX II U.K. MONITORING AND REPORTING OF EMISSIONS FROM NEW PASSENGER CARS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F82 ANNEX III U.K. MONITORING AND REPORTING OF EMISSIONS FROM NEW LIGHT COMMERCIAL VEHICLES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F82 ANNEX 4 U.K. DEROGATION THRESHOLDS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F82 ANNEX V U.K. CORRELATION TABLE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1)

OJ C 227, 28.6.2018, p. 52.

(2)

Position of the European Parliament of 27 March 2019 (not yet published in the Official Journal) and decision of the Council of 15 April 2019.

(3)

Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO₂ emissions from light-duty vehicles (OJ L 140, 5.6.2009, p. 1).

(4)

Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO₂ emissions from light-duty vehicles (OJ L 145, 31.5.2011, p. 1).

(5)

OJ L 282, 19.10.2016, p. 4.

(6)

Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).

(7)

Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

(8)

Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).

(9)

Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).

(10)

Commission Implementing Regulation (EU) 2017/1152 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure with regard to light commercial vehicles and amending Implementing Regulation (EU) No 293/2012 (OJ L 175, 7.7.2017, p. 644).

(11)

Commission Implementing Regulation (EU) 2017/1153 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure and amending Regulation (EU) No 1014/2010 (OJ L 175, 7.7.2017, p. 679).

(12)

Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO₂ emissions in respect of the marketing of new passenger cars (OJ L 12, 18.1.2000, p. 16).

(13)

Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).

(14)

Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 199, 28.7.2008, p. 1).

(15)

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, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).

(16)

OJ C 298, 23.8.2018, p. 140.

(17)

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(18)

OJ L 123, 12.5.2016, p. 1.