Regulation (EU) 2019/631 of the European Parliament and of the CouncilShow full title

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 in order to contribute to achieving the [F1 United Kingdom’s target of achieving net zero greenhouse gas emissions by 2050], and the objectives of the Paris Agreement F2 ....

2. [F3 This] Regulation sets [F4 a Great Britain fleet-wide] target of 95 g CO₂/km for the average emissions of new passenger cars and [F4 a Great Britain fleet-wide] target of 147 g CO₂/km for the average emissions of new light commercial vehicles registered in [F5 Great Britain], as measured F6 ... in accordance with Regulation (EU) 2017/1151.

F7 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. From 1 January 2025, the following [F8 Great Britain fleet-wide] targets shall apply:

(a) for the average emissions of the new passenger car fleet, [F9 a Great Britain fleet-wide] target equal to a 15 % reduction of the target in 2021determined in accordance with point 6.1.1 of Part A of Annex I;

(b) for the average emissions of the new light commercial vehicles fleet, [F10 a Great Britain fleet-wide] target equal to a 15 % reduction of the target in 2021 determined in accordance with point 6.1.1 of Part B of Annex I.

5. From 1 January 2030, the following [F11 Great Britain fleet-wide] targets shall apply:

(a) for the average emissions of the new passenger car fleet, [F12 a Great Britain fleet-wide] target equal to a 37,5 % reduction of the target in 2021 determined in accordance with point 6.1.2 of Part A of Annex I;

(b) for the average emissions of the new light commercial vehicles fleet, [F13 a Great Britain fleet-wide] target equal to a 31 % reduction of the target in 2021 determined in accordance with point 6.1.2 of Part B of Annex I.

6. From 1 January 2025, a zero- and low-emission vehicles' benchmark equal to a 15 % share of the respective fleets of new passenger cars and new light commercial vehicles shall apply in accordance with points 6.3 of Parts A and B of Annex I, respectively.

7. From 1 January 2030, the following zero- and low-emission vehicles' benchmarks shall apply in accordance with points 6.3 of Parts A and B of Annex I, respectively:

(a) a benchmark equal to a 35 % share of the fleet of new passenger cars; and

(b) a benchmark equal to a 30 % share of the fleet of new light commercial vehicles.

Textual Amendments

F1 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)

F2 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)

F3 Word in Art. 1(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(2)(b)(i)

F4 Word in Art. 1(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(2)(b)(ii)

F5 Words in Art. 1(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(2)(b)(iii)

F6 Words in Art. 1(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(2)(b)(iv)

F7 Art. 1(3) 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)(c)

F8 Words in Art. 1(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(2)(d)(i)

F9 Words in Art. 1(4)(a) 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)(d)(ii)

F10 Words in Art. 1(4)(b) 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)(d)(ii)

F11 Words in Art. 1(5) 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)(e)(i)

F12 Words in Art. 1(5)(a) 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)(e)(ii)

F13 Words in Art. 1(5)(b) 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)(e)(ii)

Article 2 U.K. Scope

1. This Regulation shall apply to the following motor vehicles:

(a) category M₁ as defined in Annex II to Directive 2007/46/EC (‘passenger cars’)which are registered in [F14 Great Britain] for the first time and which have not previously been registered outside [F14 Great Britain] (‘new passenger cars’);

(b) category N₁ as defined in Annex II to Directive 2007/46/EC 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’), which are registered in [F14 Great Britain] for the first time and which have not previously been registered outside [F14 Great Britain] (‘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 Directive 2007/46/EC and Regulation (EC) No 715/2007, be counted as 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.

2. A previous registration outside [F15 Great Britain] made less than three months before registration in [F15 Great Britain] shall not be taken into account.

3. This Regulation shall not apply to special purpose vehicles as defined in point 5 of Part A of Annex II to Directive 2007/46/EC.

4. Article 4, points (b) and (c) of Article 7(4), Article 8 and points (a) and (c) of Article 9(1) shall not apply to a manufacturer which, together with all of its connected undertakings, is responsible for fewer than 1 000 new passenger cars or for fewer than 1 000 new light commercial vehicles registered in [F16 Great Britain] in the previous calendar year, unless that manufacturer applies for and is granted a derogation in accordance with Article 10.

[F17 5. This Regulation shall not apply to any vehicle registered in Great Britain which is permanently removed from Great Britain within three months after that registration.]

Textual Amendments

F14 Words in Art. 2(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(3)(a)

F15 Words in Art. 2(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(3)(b)

F16 Words in Art. 2(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(3)(c)

F17 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)

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 Article 18 of Directive 2007/46/EC;

(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 Directive 2007/46/EC;

(d) ‘complete vehicle’ means any light commercial vehicle which does not need to be completed in order to meet the relevant technical requirements of Directive 2007/46/EC;

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

(f) ‘manufacturer’ means the person or body responsible to the approval authority for all aspects of the EC type-approval procedure in accordance with Directive 2007/46/EC and 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 in point 2.6 of Annex I to Directive 2007/46/EC;

(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 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, ‘specific emissions of CO₂’ means the CO₂ emissions measured pursuant to Regulation (EC) No 715/2007, notably in accordance with the same measurement procedure as specified F18 ... in Regulation (EU) 2017/1151, or in accordance with procedures adopted by the [F19 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 points 2.1 and 2.3 of Annex I to Directive 2007/46/EC;

(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) ‘[F20 Great Britain fleet-wide] target’ means the average CO₂ emissions of all new passenger cars or all new 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 point 3.2.25 of Annex XXI to Regulation (EU) 2017/1151;

(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;

(n) ‘payload’ means the difference between the technically permissible maximum laden mass pursuant to Annex II to Directive 2007/46/EC and the mass of the vehicle [F21 ;

(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)].

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

F18 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)

F19 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)

F20 Words in Art. 3(1)(k) 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)(ii)

F21 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)

Article 4 U.K. Specific emissions targets

1. The manufacturer shall ensure that its average specific emissions of CO₂ do not exceed the following specific emissions targets:

F22 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for each calendar year from 2021 until 2024, the specific emissions targets determined in accordance with points 3 and 4 of Part A or B of Annex I, as appropriate, or, where a manufacturer is granted a derogation under Article 10, in accordance with that derogation and point 5 of Part A or B of Annex I;

(c) for each calendar year, starting from 2025, the specific emissions targets determined in accordance with point 6.3 of Part A or B of Annex I, or, where a manufacturer is granted a derogation under Article 10, in accordance with that derogation.

2. In the case of light commercial vehicles, where the specific emissions of CO₂ of the completed vehicle are not available, the manufacturer of the base vehicle shall use the specific emissions of CO₂ of the base vehicle for determining its average specific emissions of CO₂.

3. For the purposes of determining each manufacturer's average specific emissions of CO₂, [F23 100%] of each manufacturer's new passenger cars registered in the relevant year shall be taken into account:

• F24 ...

• F24 ...

Textual Amendments

F22 Art. 4(1)(a) 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(5)(a)

F23 Word in Art. 4(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(5)(b)(i)

F24 Words in Art. 4(3) 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(5)(b)(ii)

Article 5 U.K. Super-credits

In calculating the average specific emissions of CO₂, each new passenger car with specific emissions of CO₂ of less than 50 g CO₂/km shall be counted as:

• F25 ...

• 1,67 passenger cars in 2021,

• 1,33 passenger cars in 2022,

• 1 passenger car from 2023,

for the year in which it is registered in the period F26 ... to 2022, subject to a cap of [F27 3.75g] CO₂/km over that period for each manufacturer, as calculated in accordance with Article 5 of Implementing Regulation (EU) 2017/1153.

Textual Amendments

F25 Words in Art. 5 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(6)(a)

F26 Words in Art. 5 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(6)(b)

F27 Word in Art. 5 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(6)(c)

Article 6 U.K. Pooling

1. Manufacturers, other than manufacturers which have been granted a derogation under Article 10, may form a pool for the purposes of meeting their obligations under Article 4.

2. An agreement to form a pool may relate to one or more calendar years, provided that the overall duration of each agreement does not exceed five calendar years, and must be entered into on or before 31 December in the first calendar year for which emissions are to be pooled. Manufacturers which form a pool shall [F28 provide the following information to the Secretary of State]:

(a) the manufacturers who will be included in the pool;

(b) the manufacturer nominated as the pool manager who will be the contact point for the pool and will be responsible for paying any excess emissions premium imposed on the pool in accordance with Article 8;

(c) evidence that the pool manager will be able to fulfil the obligations under point (b);

(d) the category of vehicles registered as M₁ or N₁, for which the pool shall apply.

3. Where the proposed pool manager fails to meet the requirement to pay any excess emissions premium imposed on the pool in accordance with Article 8, the [F29 Secretary of State] shall notify the manufacturers.

4. Manufacturers included in a pool shall jointly inform the [F30 Secretary of State] of any change of pool manager or of its financial status, in so far as this may affect its ability to meet the requirement to pay any excess emissions premium imposed on the pool in accordance with Article 8, and of any changes to the membership of the pool or the dissolution of the pool.

5. Manufacturers may enter into pooling arrangements provided that their agreements comply with [F31 sections 2 (agreements etc. preventing, restricting or distorting competition) and 18 (abuse of dominant position) of the Competition Act 1998] and that they allow open, transparent and non-discriminatory participation on commercially reasonable terms by any manufacturer requesting membership of the pool. Without prejudice to the general applicability of [F32 any enactment relating to competition] to such pools, all members of a pool shall in particular ensure that neither data sharing nor information exchange may occur in the context of their pooling arrangement, except in respect of the following information:

(a) the average specific emissions of CO₂;

(b) the specific emissions target;

(c) the total number of vehicles registered.

6. Paragraph 5 shall not apply where all the manufacturers included in the pool are part of the same group of connected manufacturers.

7. Except where notification is given under paragraph 3 of this Article, the manufacturers in a pool in respect of which information is [F33 provided to the Secretary of State] shall be considered as one manufacturer for the purposes of meeting their obligations under Article 4. Monitoring and reporting information in respect of individual manufacturers as well as any pools will be recorded, reported and made available in the central register referred to in Article 7(4).

8. [F34 Regulations may set out] the detailed conditions that shall apply for a pooling arrangement set up pursuant to paragraph 5 of this Article. F35 ...

[F36 9. Information required to be provided to the Secretary of State by virtue of paragraph 2 or 4 must:

(a) be in writing and dated;

(b) include the name and address of the pool manager to whom the Secretary of State may respond;

(c) include the names of the other manufacturers in the pool;

(d) be sent to the Secretary of State by post, delivered by hand or, with the express agreement of the Secretary of State, sent by electronic means.]

Textual Amendments

F28 Words in Art. 6(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(7)(a)

F29 Words in Art. 6(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(7)(b)

F30 Words in Art. 6(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(7)(c)

F31 Words in Art. 6(5) 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(7)(d)(i)

F32 Words in Art. 6(5) 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(7)(d)(ii)

F33 Words in Art. 6(7) 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(7)(e)

F34 Words in Art. 6(8) 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(7)(f)(i)

F35 Words in Art. 6(8) 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(7)(f)(ii)

F36 Art. 6(9) 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(7)(g)

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

1. For each calendar year, [F37 the Secretary of State] shall record information for each new passenger car and each new light commercial vehicle registered in [F38 Great Britain] in accordance with Parts A of Annexes II and III to this Regulation. That information shall be made available to the manufacturers and their designated importers or representatives in [F39 Great Britain]. F40 ... [F41 The Secretary of State] shall ensure that the specific emissions of CO₂ of passenger cars which are not type-approved in accordance with Regulation (EC) No 715/2007 are measured and recorded in the certificate of conformity. [F42 The Secretary of State may appoint a person to carry out the Secretary of State’s functions under this paragraph.]

F43 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. The [F45 Secretary of State] shall keep a central register of the data [F46 recorded] under this Article, and by 30 June of each year, shall provisionally calculate the following for each manufacturer:

(a) the average specific emissions of CO₂ in the preceding calendar year;

(b) the specific emissions target in the preceding calendar year;

(c) the difference between its average specific emissions of CO₂ in the preceding calendar year and its specific emissions target for that year.

The [F47 Secretary of State] shall notify each manufacturer of its provisional calculation for that manufacturer. The notification shall include data F48 ... on the number of new passenger cars and of new light commercial vehicles registered and their specific emissions of CO₂.

The register shall be publicly available.

[F49 5. A manufacturer may, within three months of being notified of the provisional calculation under paragraph 4, notify the Secretary of State of any errors in the data. Notification given by a manufacturer must:

(a) be in writing and dated;

(b) include:

(i) the provisional calculation;

(ii) the specific emissions target for the preceding year;

(iii) the manufacturer’s calculation of their average specific emissions of CO₂;

(iv) any evidence in support of the calculation in (iii);

(c) be sent to the Secretary of State by post, delivered by hand or, with the express agreement of the Secretary of State, sent by electronic means.

Where notification is given by a manufacturer, the Secretary of State must confirm or amend the provisional calculation under paragraph 4, and notify the manufacturer accordingly by 31 October.

6. The Secretary of State may appoint a person to act on behalf of the Secretary of State in collecting and communicating monitoring data in accordance with this Regulation.

7. Regulations may make provision about the procedures for monitoring and reporting of data under this Article, and on the application of Annexes 2 and 3.

8. Regulations may amend the data requirements and data parameters set out in Annexes 2 and 3.]

9. [F50 For the purpose of calculating the average specific emissions of CO₂ of a manufacturer, the Secretary of State shall take into account deviations found in the CO₂ emissions of vehicles in-service as compared to the specific emissions of CO₂ indicated in the certificates of conformity as a result of verifications performed in accordance with Article 13.]

F51 ...

[F52 Regulations may set out] detailed rules on the procedures for reporting such deviations and for taking them into account in the calculation of the average specific emissions of CO₂. F53 ...

10. The [F54 Secretary of State] shall no later than 2023 evaluate the possibility of developing a [F55 United Kingdom] methodology for the assessment and the consistent data reporting of the full life-cycle CO₂ emissions of passenger cars and light commercial vehicles that are placed on the [F56 United Kingdom market]. The [F57 Secretary of State shall publish a report of that evaluation], including, where appropriate, proposals for follow-up measures, such as legislative proposals.

11. [F58 The Secretary of State] shall also collect and report data, in accordance with this Article, on registrations of vehicles in categories M₂ and N₂, as defined in Annex II to Directive 2007/46/EC, with a reference mass not exceeding 2 610 kg, and vehicles to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007.

Textual Amendments

F37 Words in Art. 7(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(8)(a)(i)(aa)

F38 Words in Art. 7(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(8)(a)(i)(bb)

F39 Words in Art. 7(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(8)(a)(ii)

F40 Words in Art. 7(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(8)(a)(iii)

F41 Words in Art. 7(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(8)(a)(iv)

F42 Words in Art. 7(1) 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(8)(a)(v)

F43 Art. 7(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(8)(b)

F44 Art. 7(3) 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(8)(c)

F45 Words in Art. 7(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(8)(d)(i)(aa)

F46 Word in Art. 7(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(8)(d)(i)(bb)

F47 Words in Art. 7(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(8)(d)(ii)(aa)

F48 Words in Art. 7(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(8)(d)(ii)(bb)

F49 Art. 7(5)-(8) 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(8)(e)

F50 Words in Art. 7(9) 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(8)(f)(i)

F51 Words in Art. 7(9) 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(8)(f)(ii)

F52 Words in Art. 7(9) 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(8)(f)(iii)(aa)

F53 Words in Art. 7(9) 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(8)(f)(iii)(bb)

F54 Words in Art. 7(10) 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(8)(g)(i)(aa)

F55 Words in Art. 7(10) 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(8)(g)(i)(bb)

F56 Words in Art. 7(10) 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(8)(g)(i)(cc)

F57 Words in Art. 7(10) 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(8)(g)(ii)

F58 Words in Art. 7(11) 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(8)(h)

[F59 Article 7a U.K. Appeals

1. Where:

(a) a manufacturer gives notification to the Secretary of State under Article 7(5);

(b) the Secretary of State does not agree the manufacturer’s calculation of their average specific emissions of CO₂; and

(c) the Secretary of State notifies the manufacturer under Article 7(5) that it has exceeded its specific emissions target;

the manufacturer or pool manager may appeal against the Secretary of State’s notification to the First-tier Tribunal on the ground that the Secretary of State’s calculation under Article 7(5) was based on an error of fact.

2. The Secretary of State may not impose an excess emissions premium on the manufacturer or, in the case of a pool the pool manager, under Article 8 pending final determination or withdrawal of the appeal.

3. The First-tier Tribunal may—

(a) confirm the Secretary of State’s provisional calculation; or

(b) substitute its own calculation.]

Textual Amendments

F59 Art. 7a 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(9)

Article 8 U.K. Excess emissions premium

1. In respect of each calendar year, the [F60 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 × [F61 £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).

[F62 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.

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

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

Textual Amendments

F60 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)

F61 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)

F62 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)

Article 9 U.K. Publication of performance of manufacturers

1. By 31 October of each year, the [F63 Secretary of State] shall publishF64 ... a list indicating:

(a) for each manufacturer, its specific emissions target for the preceding calendar year;

(b) for each manufacturer, its average specific emissions of CO₂ in the preceding calendar year;

(c) the difference between the manufacturer's average specific emissions of CO₂ in the preceding calendar year and its specific emissions target in that year;

(d) the average specific emissions of CO₂ for all new passenger cars and new light commercial vehicles registered in [F65 Great Britain] in the previous calendar year;

(e) the average mass in running order for all new passenger cars and new light commercial vehicles registered in [F65 Great Britain] in the preceding calendar year until 31 December 2020;

(f) the average test mass of all new passenger cars and new light commercial vehicles registered in [F65 Great Britain] in the preceding calendar year.

2. The list published under paragraph 1 of this Article shall also indicate whether the manufacturer has complied with the requirements of Article 4 with respect to the preceding calendar year.

3. The list referred to in paragraph 1 of this Article shall, for the publication by 31 October 2022, also indicate the following:

(a) the 2025 and 2030 [F66 Great Britain fleet-wide] targets referred to in Article 1(4) and (5), respectively, calculated by the [F67 Secretary of State] in accordance with points 6.1.1 and 6.1.2 of Parts A and B of Annex I;

(b) the values for a₂₀₂₁, a₂₀₂₅ and a₂₀₃₀ calculated by the [F67 Secretary of State] in accordance with points 6.2 of Parts A and B of Annex I.

Textual Amendments

F63 Words in Art. 9(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(11)(a)(i)

F64 Words in Art. 9(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(11)(a)(ii)

F65 Words in Art. 9(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(11)(a)(iii)

F66 Words in Art. 9(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(11)(b)(i)

F67 Words in Art. 9(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(11)(b)(ii)

Article 10 U.K. Derogations for certain manufacturers

1. An application for a derogation from the specific emissions target calculated in accordance with Annex I may be made by a manufacturer [F68 where the number of new passenger cars or new light commercial vehicles registered in Great Britain for which that manufacturer is responsible per calendar year is less than the small volume derogation threshold (calculated in accordance with Annex 4), and where the manufacturer]:

(a) is not part of a group of connected manufacturers; or

(b) is part of a group of connected manufacturers [F69 where the number of new passenger cars or new light commercial vehicles registered in Great Britain for which that group is responsible per calendar year is less than the small volume derogation threshold]; or

(c) is part of a group of connected manufacturers but operates its own production facilities and design centre.

2. A derogation applied for under paragraph 1 may be granted for a maximum period of five calendar years, which is renewable. An application shall be made to the [F70 Secretary of State] and shall include:

(a) the name of, and contact person for, the manufacturer;

(b) evidence that the manufacturer is eligible for a derogation under paragraph 1;

(c) details of the passenger cars or light commercial vehicles which it manufactures including the test mass and specific emissions of CO₂ of those passenger cars or light commercial vehicles; and

(d) a specific emissions target consistent with its reduction potential, including the economic and technological potential to reduce its specific emissions of CO₂ and taking into account the characteristics of the market for the type of passenger car or light commercial vehicle manufactured.

3. Where the [F71 Secretary of State] considers that the manufacturer is eligible for a derogation applied for under paragraph 1 and is satisfied that the specific emissions target proposed by the manufacturer is consistent with its reduction potential, including the economic and technological potential to reduce its specific emissions of CO₂, and taking into account the characteristics of the market for the type of passenger car or light commercial vehicle manufactured, the [F71 Secretary of State] shall grant a derogation to the manufacturer.

The application shall be submitted at the latest by 31 October of the first year in which the derogation shall apply.

4. An application for a derogation from the specific emissions target calculated in accordance with points 1 to 4 and 6.3 of Part A of Annex I may be made by a manufacturer [F72 where the number of new passenger cars registered in Great Britain for which that manufacturer, together with all of its connected undertakings, is responsible per calendar year is not less than the small volume derogation threshold and is not more than the niche volume derogation threshold (calculated in accordance with Annex 4)].

Such application may be made by a manufacturer in respect of itself or in respect of itself together with any of its connected undertakings. An application shall be made to the [F73 Secretary of State] and shall include:

(a) all of the information referred to in points (a) and (c) of paragraph 2, including, where relevant, information about any connected undertakings;

(b) in relation to applications referring to points 1 to 4 of Part A of Annex I, a target which is a 45 % reduction on the average specific emissions of CO₂ in 2007 or, where a single application is made in respect of a number of connected undertakings, a 45 % reduction on the average of those undertakings' average specific emissions of CO₂ in 2007;

(c) in relation to applications referring to point 6.3 of Part A of Annex I to this Regulation, a target applicable in the calendar years 2025 to 2028 which is the reduction specified in point (a) of Article 1(4) of this Regulation on the target calculated in accordance with point (b) of this paragraph taking into account the CO₂ emissions measured pursuant to Regulation (EU) 2017/1151.

Where information on a manufacturer's average specific emissions of CO₂ does not exist for the year 2007, the [F73 Secretary of State] shall determine an equivalent reduction target based upon the best available CO₂ emissions reduction technologies deployed in passenger cars of comparable mass and taking into account the characteristics of the market for the type of car manufactured. That target shall be used by the applicant for the purposes of point (b) of the second subparagraph.

The [F73 Secretary of State] shall grant a derogation to the manufacturer where it is demonstrated that the criteria for the derogation referred to in this paragraph have been met.

5. A manufacturer which is subject to a derogation in accordance with this Article shall notify the [F74 Secretary of State] immediately of any change which affects or may affect its eligibility for a derogation.

6. Where the [F75 Secretary of State] considers, whether on the basis of a notification under paragraph 5 or otherwise, that a manufacturer is no longer eligible for the derogation, [F76 the Secretary of State] shall revoke the derogation with effect from 1 January of the next calendar year and shall notify the manufacturer thereof.

7. Where the manufacturer does not attain its specific emissions target, the [F77 Secretary of State] shall impose the excess emissions premium on the manufacturer, as set out in Article 8.

8. [F78 Regulations may] supplement paragraphs 1 to 7 of this Article, as regards the interpretation of the eligibility criteria for derogations, the content of the applications, and the content and assessment of programmes for the reduction of specific emissions of CO₂.

[F79 Regulations may] amend Part A of Annex I for the purpose of setting out the calculation formulae of the derogation targets referred to in point (c) of the second subparagraph of paragraph 4 of this Article.

9. Applications for a derogation, including the information supporting it, notifications under paragraph 5, revocations under paragraph 6, any imposition of an excess emissions premium under paragraph 7 and measures adopted pursuant to paragraph 8, shall be made publicly available [F80 by the Secretary of State, subject to any relevant provisions of the data protection legislation (within the meaning of section 3(9) of the Data Protection Act 2018)] M1 .

Textual Amendments

F68 Words in Art. 10(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(12)(a)(i)

F69 Words in Art. 10(1)(b) 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(12)(a)(ii)

F70 Words in Art. 10(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(12)(b)

F71 Words in Art. 10(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(12)(c)

F72 Words in Art. 10(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(12)(d)(i)

F73 Words in Art. 10(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(12)(d)(ii)

F74 Words in Art. 10(5) 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(12)(e)

F75 Words in Art. 10(6) 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(12)(f)(i)

F76 Words in Art. 10(6) 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(12)(f)(ii)

F77 Words in Art. 10(7) 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(12)(g)

F78 Words in Art. 10(8) 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(12)(h)(i)

F79 Words in Art. 10(8) 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(12)(h)(ii)

F80 Words in Art. 10(9) 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(12)(i)(i)

Marginal Citations

M1 [Editorial note: Art. 10(9) footnote 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(12)(i)(ii)]

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 average specific emissions of CO₂ of a manufacturer may be up to 7 g CO₂/km.

The [F81 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 average specific emissions of CO₂ of manufacturers.

2. [F82 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. F83 ... 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 [F84 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 [F85 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 [F86 Secretary of State] shall attest the reduction achieved on the basis of the criteria set out in paragraph 2.

Textual Amendments

F81 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)

F82 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)

F83 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)

F84 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)

F85 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)

F86 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 [F87 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.

Furthermore, the [F87 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 [F87 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 [F88 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 [F89 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 [F88 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 [F90 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 remain representative of real-world emissions over time for each manufacturer.

The [F90 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. [F91 Regulations may set out] the detailed procedure for collecting and processing the data referred to in paragraph 2 of this Article. F92 ...

Textual Amendments

F87 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)

F88 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)

F89 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)

F90 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)

F91 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)

F92 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.

2. Following the entry into force of the procedures referred to in the first subparagraph of paragraph 4, [F93 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 while considering, inter alia, available data from on-board fuel and/or energy consumption monitoring devices.

[F94 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, ensure the correction of the certificates of conformity.

4. [F95 Regulations may set out] the procedures for performing the verifications referred to in paragraph 2 of this Article. F96 ...

[F97 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

F93 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)

F94 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)

F95 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)

F96 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)

F97 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)

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

1. The M₀ and TM₀ values referred to in Parts A and B of Annex I shall be adjusted as follows:

(a) by 31 October 2020, the M₀ value in point 4 of Part A of Annex I shall be adjusted to the average mass in running order of all new passenger cars registered in 2017, 2018, and 2019. That new M₀ value shall apply from 1 January 2022 until 31 December 2024;

(b) by 31 October 2022, the M₀ value in point 4 of Part B of Annex I shall be adjusted to the average mass in running order of all new light commercial vehicles registered in 2019, 2020 and 2021. That new M₀ value shall apply in 2024;

(c) by 31 October 2022, the indicative TM₀ value for 2025 shall be determined as the respective average test mass of all new passenger cars and new light commercial vehicles registered in 2021;

(d) by 31 October 2024, and every second year thereafter, the TM₀ value in point 6.2 of Parts A and B of Annex I shall be adjusted to the respective average test mass of all new passenger cars and new light commercial vehicles registered in the preceding two calendar years, starting with 2022 and 2023. The new TM₀ values shall apply from 1 January of the calendar year following the date of the adjustment.

2. [F98 Regulations may set out] the measures referred to in paragraph 1 of this Article.

Textual Amendments

F98 Words in Art. 14(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(16)

Article 15 U.K. Review and report

[F99 1. The Secretary of State must, in 2023, thoroughly review the effectiveness of this Regulation, and publish a report of that review.]

2. In the report referred to in paragraph 1, the [F100 Secretary of State] shall consider, inter alia, the real-world representativeness of the CO₂ emission and fuel or energy consumption values determined pursuant to Regulation (EC) No 715/2007; the deployment on the [F101 United Kingdom] market of zero- and low-emission vehicles, in particular with respect to light commercial vehicles; the roll-out of recharging and refuelling infrastructure F102 ... M2 , including their financing; the potential contribution of the use of synthetic and advanced alternative fuels produced with renewable energy to emissions reductions; the CO₂ emissions reduction actually observed at the existing fleet level; the functioning of the incentive mechanism for zero- and low-emission vehicles; the potential effects of the transitional measure set out in point 6.3 of Part A of Annex I; the impact of this Regulation on consumers, particularly on those on low and medium incomes; as well as aspects to further facilitate an economically viable and socially fair transition towards clean, competitive and affordable mobility in the [F101 United Kingdom].

The [F100 Secretary of State] shall, in that report, 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.

3. The report referred to in paragraph 2 shall, where appropriate, be accompanied by a proposal for amending this Regulation, in particular, the possible revision of the [F103 Great Britain fleet-wide] targets for 2030 in light of the elements listed in paragraph 2, and the introduction of binding emissions reduction targets for 2035 and 2040 onwards for passenger cars and light commercial vehicles to ensure the timely transformation of the transport sector towards achieving net-zero emissions in line with the objectives of the Paris Agreement.

4. As part of the review referred to in paragraph 1 of this Article, the [F104 Secretary of State] shall assess the feasibility of developing real-world emission test procedures using portable emission measurement systems (PEMS). The [F104 Secretary of State] shall take into account that assessment as well as those made pursuant to Article 12 of this Regulation and may, where appropriate, review the procedures for measuring CO₂ emissions as set out under Regulation (EC) No 715/2007. The [F104 Secretary of State] shall, in particular, make appropriate proposals to adapt those procedures to reflect adequately the real-world CO₂ emissions of passenger cars and light commercial vehicles.

5. As part of the review referred to in paragraph 1 of this Article, the [F105 Secretary of State] shall evaluate the possibility to assign the revenue from the excess emissions premiums to a specific fund or a relevant programme, with the objective to ensure a just transition towards a climate-neutral economy as referred to in Article 4.1 of the Paris Agreement, in particular to support re-skilling, up-skilling and other skills training and reallocation of workers in the automotive sector F106 ..., in particular in the regions and the communities most affected by the transition. F107 ...

F108 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. The [F109 Regulations may set out] the correlation parameters necessary in order to reflect any change in the regulatory test procedure for the measurement of specific emissions of CO₂ referred to in Regulations (EC) No 715/2007 and (EC) No 692/2008 and, where applicable, Regulation (EU) 2017/1151. F110 ...

8. [F111 Regulations may] amend this Regulation by adapting the formulae set out in Annex I, using the methodology adopted pursuant to paragraph 7 of this Article, while ensuring that reduction requirements of comparable stringency for manufacturers and vehicles of different utility are required under the old and new test procedures.

Textual Amendments

F99 Art. 15(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(17)(a)

F100 Words in Art. 15(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(17)(b)(i)

F101 Words in Art. 15(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(17)(b)(ii)

F102 Words in Art. 15(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(17)(b)(iii)

F103 Words in Art. 15(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(17)(c)

F104 Words in Art. 15(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(17)(d)

F105 Words in Art. 15(5) 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(17)(e)(i)

F106 Words in Art. 15(5) 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(17)(e)(ii)

F107 Words in Art. 15(5) 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(17)(e)(iii)

F108 Art. 15(6) 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(17)(f)

F109 Words in Art. 15(7) 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(17)(g)(i)

F110 Words in Art. 15(7) 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(17)(g)(ii)

F111 Words in Art. 15(8) 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(17)(h)

Marginal Citations

M2 [Editorial note: Art. 15(2) footnote 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(17)(b)(iii)]

F112 Article 16 U.K. Committee procedure

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

Textual Amendments

F112 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)

[F113 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

F113 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

F114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

References to [F115 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

F114 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)

F115 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.

F116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F116 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)

F117 ...

Textual Amendments

F117 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)

ANNEX I U.K.

PART A U.K. SPECIFIC EMISSIONS TARGETS FOR PASSENGER CARS

1. For the calendar year 2020, the specific emissions of CO₂ for each new passenger car shall, for the purposes of the calculations in this point and in point 2, be determined in accordance with the following formula: U.K.

Specific emissions of CO₂ = 95 + a · (M – M₀)

where:

M

=

Mass in running order of the vehicle in kilograms (kg)

M₀

=

1 379,88

a

=

0,0333

2. The specific emissions target for a manufacturer in 2020 shall be calculated as the average of the specific emissions of CO₂ determined according to point 1, of each new passenger car registered in that calendar year of which it is the manufacturer. U.K.

3. The specific emissions reference target for a manufacturer in 2021 shall be calculated as follows: U.K.

where:

WLTP_CO2

is the average specific emissions of CO₂ in 2020 determined in accordance with Annex XXI to Regulation (EU) 2017/1151 and calculated in accordance with the second indent of Article 4(3) of this Regulation, without including CO₂ savings resulting from the application of Articles 5 and 11 of this Regulation;

NEDC_CO2

is the average specific emissions of CO₂ in 2020 determined in accordance with Implementing Regulation (EU) 2017/1153 and calculated in accordance with the second indent of Article 4(3) of this Regulation, without including CO₂ savings resulting from the application of Articles 5 and 11 of this Regulation;

NEDC_2020target

is the 2020 specific emissions target calculated in accordance with points 1 and 2.

4. For the calendar years 2021 to 2024, the specific emissions target for a manufacturer shall be calculated as follows: U.K.

Specific emissions target = WLTP_{reference target} + a [(M_ø – M₀) – (M_ø2020 – M_0,2020)]

where:

WLTP_{reference target}

is the 2021 WLTP specific emissions reference target calculated in accordance with point 3;

a

is 0,0333;

M_ø

is the average of the mass in running order (M) of the new passenger cars of the manufacturer registered in the relevant target year in kilograms (kg);

M₀

is 1 379,88 in 2021, and as defined in point (a) of Article 14(1) for the years 2022, 2023 and 2024;

M_ø2020

is the average of the mass in running order (M) of the new passenger cars of the manufacturer registered in 2020 in kilograms (kg);

M_0,2020

is 1 379,88.

5. For a manufacturer that has been granted a derogation with regard to a specific NEDC based emissions target in 2021, the WLTP based derogation target shall be calculated as follows: U.K.

where:

WLTP_CO2

is WLTP_CO2 as defined in point 3;

NEDC_CO2

is NEDC_CO2 as defined in point 3;

NEDC_2021target

is the 2021 derogation target granted by the [F118 Secretary of State] pursuant to Article 10.

Textual Amendments

F118 Words in Annex 1 Pt. A Point 5 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(22)(a)

6. From 1 January 2025, the [F119 Great Britain fleet-wide] targets and the specific emissions targets for a manufacturer shall be calculated as follows: U.K.

Textual Amendments

F119 Annex 1 Pt. A Point 6: the words “Great Britain fleet-wide” substituted for “EU fleet-wide” (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(22)(b)(i) [Editorial note: For technical reasons the editorial team has been unable to carry out this substitution where the relevant words occur in formulas contained in image files.]

6.0. [F119 Great Britain fleet-wide] target₂₀₂₁ U.K.

[F119 Great Britain fleet-wide] target₂₀₂₁ is the average, weighted by the number of new passenger cars registered in 2021, of the reference-values₂₀₂₁ determined for each individual manufacturer for which a specific emissions target applies in accordance with point 4.

The reference-value₂₀₂₁ shall be determined, for each manufacturer, as follows:

where:

WLTP_CO2,measured

is the average, for each manufacturer, of the measured CO₂ emissions combined of each new passenger car registered in 2020, as determined and reported in accordance with Article 7a of Implementing Regulation (EU) 2017/1153;

NEDC_{2020,Fleet Target}

is 95 g/km;

NEDC_CO2

is as defined in point 3;

M_ø2021

is the average of the mass in running order of the new passenger cars of the manufacturer registered in 2021 in kilograms (kg);

M_0,2021

is the average mass in running order in kilograms (kg) of all new passenger cars registered in 2021 of those manufacturers for which a specific emissions target applies in accordance with point 4;

a

is as defined in point 4.

6.1. [F119 Great Britain fleet-wide] targets for 2025 and 2030 U.K.

6.1.1. [F119 Great Britain fleet-wide] target for 2025 to 2029 U.K.

[F119 Great Britain fleet-wide] target₂₀₂₅ = [F119 Great Britain fleet-wide] target₂₀₂₁ · (1 – reduction factor₂₀₂₅)

where:

[F119 Great Britain fleet-wide] target₂₀₂₁

is as defined in point 6.0;

reduction factor₂₀₂₅

is the reduction specified in point (a) of Article 1(4).

6.1.2. [F119 Great Britain fleet-wide] target for 2030 onwards U.K.

[F119 Great Britain fleet-wide] target₂₀₃₀ = [F119 Great Britain fleet-wide] target₂₀₂₁ · (1 – reduction factor₂₀₃₀)

where:

[F119 Great Britain fleet-wide] target₂₀₂₁

is as defined in point 6.0;

reduction factor₂₀₃₀

is the reduction specified in point (a) of Article 1(5).

6.2. Specific emissions reference targets from 2025 onwards U.K.

6.2.1. Specific emissions reference targets for 2025 to 2029 U.K.

The specific emissions reference target = [F119 Great Britain fleet-wide] target₂₀₂₅ + a₂₀₂₅ · (TM – TM₀)

where:

[F119 Great Britain fleet-wide] target₂₀₂₅

is as determined in accordance with point 6.1.1;

a₂₀₂₅

isF119

where:

a₂₀₂₁

is the slope of the best fitting straight line established by applying the linear least squares fitting method to the test mass (independent variable) and the specific emissions of CO₂ (dependent variable) of each new passenger car registered in 2021;

average emissions₂₀₂₁

is the average of the specific emissions of CO₂ of all new passenger cars registered in 2021 of those manufacturers for which a specific emissions target is calculated in accordance with point 4;

TM

is the average test mass in kilograms (kg) of all new passenger cars of the manufacturer registered in the relevant calendar year;

TM₀

is the value in kilograms (kg) determined in accordance with point (d) of Article 14(1).

6.2.2. Specific emissions reference targets for 2030 onwards U.K.

The specific emissions reference target = [F119 Great Britain fleet-wide] target₂₀₃₀ + a₂₀₃₀ · (TM – TM₀)

where:

[F119 Great Britain fleet-wide] target₂₀₃₀

is as determined in accordance with point 6.1.2;

a₂₀₃₀

isF119

where:

a₂₀₂₁

is as defined in point 6.2.1;

average emissions₂₀₂₁

is as defined in point 6.2.1;

TM

is as defined in point 6.2.1;

TM₀

is as defined in point 6.2.1.

6.3. Specific emissions targets from 2025 onwards U.K.

Specific emissions target = specific emissions reference target · ZLEV factor

where:

specific emissions reference target

is the specific emissions reference target of CO₂ determined in accordance with point 6.2.1 for the period 2025 to 2029 and point 6.2.2 for 2030 onwards;

ZLEV factor

is (1 + y – x), unless this sum is larger than 1,05 or lower than 1,0 in which case the ZLEV factor shall be set to 1,05 or 1,0, as the case may be;

where:

y

is the share of zero- and low-emission vehicles in the manufacturer's fleet of new passenger cars calculated as the total number of new zero- and low-emission vehicles, where each of them is counted as ZLEV_specific in accordance with the following formula, divided by the total number of new passenger cars registered in the relevant calendar year:

F120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

x

is 15 % in the years 2025 to 2029 and 35 % from 2030 onwards.

Textual Amendments

F120 Words in Annex 1 Pt. A Point 6.3 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(22)(b)(ii)

PART B U.K. SPECIFIC EMISSIONS TARGETS FOR LIGHT COMMERCIAL VEHICLES

1. For the calendar year 2020, the specific emissions of CO₂ for each new light commercial vehicle shall, for the purposes of the calculations in this point and in point 2, be determined in accordance with the following formula: U.K.

Specific emissions of CO₂ = 147 + a · (M – M₀)

where:

M

=

Mass in running order of the vehicle in kilograms (kg)

M₀

=

1 766,4

a

=

0,096

2. The specific emissions target for a manufacturer in 2020 shall be calculated as the average of the specific emissions of CO₂ determined according to point 1 of each new light commercial vehicle registered in that calendar year of which it is the manufacturer. U.K.

3. The specific emissions reference target for a manufacturer in 2021 shall be calculated as follows: U.K.

where:

WLTP_CO2

is the average specific emissions of CO₂ in 2020 determined in accordance with Annex XXI to Regulation (EU) 2017/1151 without including CO₂ savings resulting from the application of Article 11 of this Regulation;

NEDC_CO2

is the average specific emissions of CO₂ in 2020 determined in accordance with Implementing Regulation (EU) 2017/1152, without including CO₂ savings resulting from the application of Article 11 of this Regulation;

NEDC_2020target

is the 2020 specific emissions target calculated in accordance with points 1 and 2.

4. For the calendar years 2021 to 2024, the specific emissions target for a manufacturer shall be calculated as follows: U.K.

Specific emissions target = WLTP_{reference target} + a [(M_ø – M₀) – (M_ø2020 – M_0,2020)]

where:

WLTP_{reference target}

is the 2021 WLTP specific emissions reference target calculated in accordance with point 3;

a

is 0,096;

[F121 M _ø

is the average of the mass (M) of the new light commercial vehicles of the manufacturer registered in the relevant target year in kilograms (kg):

where:

• in the case of a complete vehicle, M is the mass in running order of that vehicle

• in the case of a complete base vehicle related to a completed vehicle, M is the mass in running order of that base vehicle

• in the case of an incomplete base vehicle related to a completed vehicle, M is the monitoring mass (M _mon ) of that base vehicle, determined in accordance with the following formula:

M _mon = MRO _base x B ₀

where:

MRO _base

is the mass in running order of the base vehicle concerned

B ₀

is as defined in point 1.2.4(a) of Part A of Annex III;]

[F122 M ₀

is 1 766,4 in 2020, 1 825,23 for the years 2021, 2022 and 2023, and for 2024 the value adopted pursuant to point (b) of Article 14(1);]

M_ø2020

is the average of the mass in running order (M) of the new light commercial vehicles of the manufacturer registered in 2020 in kilograms (kg);

M_0,2020

is 1 766,4.

Textual Amendments

F121 Substituted by Commission Delegated Regulation (EU) 2020/22 of 31 October 2019 amending Annexes I and III to Regulation (EU) 2019/631 of the European Parliament and of the Council as regards the monitoring of CO2 emissions from new light commercial vehicles type-approved in a multi-stage process (Text with EEA relevance).

F122 Substituted by Commission Delegated Regulation (EU) 2020/1590 of 19 August 2020 amending Annex I to Regulation (EU) 2019/631 of the European Parliament and of the Council in order to take into account the evolution of the mass of new light commercial vehicles registered in 2016, 2017 and 2018 (Text with EEA relevance).

5. For a manufacturer that has been granted a derogation with regard to a specific NEDC based emissions target in 2021, the WLTP based derogation target shall be calculated as follows: U.K.

where:

WLTP_CO2

is WLTP_CO2 as defined in point 3;

NEDC_CO2

is NEDC_CO2 as defined in point 3;

NEDC_2021target

is the 2021 derogation target granted by the [F123 Secretary of State] pursuant to Article 10.

Textual Amendments

F123 Words in Annex 1 Pt. B Point 5 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(23)(a)

6. From 1 January 2025, the [F124 Great Britain fleet-wide] targets and the specific emissions targets for a manufacturer shall be calculated as follows: U.K.

Textual Amendments

F124 Annex 1 Pt. B point 6: the words “Great Britain fleet-wide” substituted for “EU fleet-wide” (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(23)(b) [Editorial note: For technical reasons the editorial team has been unable to carry out this substitution where the relevant words occur in formulas contained in image files.]

6.0. [F124 Great Britain fleet-wide] target₂₀₂₁ U.K.

[F124 Great Britain fleet-wide] target₂₀₂₁ is the average, weighted by the number of new light commercial vehicles registered in 2021, of the reference-values₂₀₂₁ determined for each individual manufacturer for which a specific emissions target applies in accordance with point 4.

The reference-value₂₀₂₁ shall be determined, for each manufacturer, as follows:

where:

WLTP_CO2,measured

is the average, for each manufacturer, of the measured CO₂ emissions combined of each new light commercial vehicle registered in 2020, as determined and reported in accordance with Article 7a of Implementing Regulation (EU) 2017/1152;

NEDC_{2020,Fleet Target}

is 147 g/km;

NEDC_CO2

is as defined in point 3;

M_ø2021

is the average of the mass in running order of the new light commercial vehicles of the manufacturer registered in 2021 in kilograms (kg);

M_0,2021

is the average mass in running order in kilograms (kg) of all new light commercial vehicles registered in 2021 of those manufacturers for which a specific emissions target applies in accordance with point 4;

a

is as defined in point 4.

6.1. The [F124 Great Britain fleet-wide] targets for 2025 and 2030 U.K.

6.1.1. [F124 Great Britain fleet-wide] for 2025 to 2029 U.K.

[F124 Great Britain fleet-wide] target₂₀₂₅ = [F124 Great Britain fleet-wide] target₂₀₂₁ · (1 – reduction factor₂₀₂₅)

where:

[F124 Great Britain fleet-wide] target₂₀₂₁

is as defined in point 6.0;

reduction factor₂₀₂₅

is the reduction specified in point (b) of Article 1(4).

6.1.2. [F124 Great Britain fleet-wide] target for 2030 onwards U.K.

[F124 Great Britain fleet-wide] target₂₀₃₀ = [F124 Great Britain fleet-wide] target₂₀₂₁ · (1 – reduction factor₂₀₃₀)

where:

[F124 Great Britain fleet-wide] target₂₀₂₁

is as defined in point 6.0;

reduction factor₂₀₃₀

is the reduction specified in point (b) of Article 1(5).

6.2. Specific emissions reference targets from 2025 onwards U.K.

6.2.1. Specific emissions reference targets for 2025 to 2029 U.K.

The specific emissions reference target = [F124 Great Britain fleet-wide] target₂₀₂₅ + α · (TM – TM₀)

where:

[F124 Great Britain fleet-wide] target₂₀₂₅

is as determined in accordance with point 6.1.1;

α

is a₂₀₂₅ where the average test mass of a manufacturer's new light commercial vehicles is equal to or lower than TM₀ determined in accordance with point (d) of Article 14(1) and a₂₀₂₁ where the average test mass of a manufacturer's new light commercial vehicles is higher than TM₀ determined in accordance with point (d) of Article 14(1);

where:

a₂₀₂₅

isF124

a₂₀₂₁

is the slope of the best fitting straight line established by applying the linear least squares fitting method to the test mass (independent variable) and the specific emissions of CO₂ (dependent variable) of each new light commercial vehicle registered in 2021;

average emissions₂₀₂₁

is the average of the specific emissions of CO₂ of all new light commercial vehicles registered in 2021 of those manufacturers for which a specific emissions target is calculated in accordance with point 4;

TM

is the average test mass in kilograms (kg) of all new light commercial vehicles of the manufacturer registered in the relevant calendar year;

TM₀

is the value in kilograms (kg) determined in accordance with point (d) of Article 14(1).

6.2.2. Specific emissions reference targets from 2030 onwards U.K.

The specific emissions reference target = [F124 Great Britain fleet-wide] target₂₀₃₀ + α · (TM – TM₀)

where:

[F124 Great Britain fleet-wide] target₂₀₃₀

is as determined in accordance with point 6.1.2;

α

is a₂₀₃₀ where the average test mass of a manufacturer's new light commercial vehicles is equal to or lower than TM₀ determined in accordance with point (d) of Article 14(1) and a₂₀₂₁ where the average test mass of a manufacturer's new light commercial vehicles is higher than TM₀ determined in accordance with point (d) of Article 14(1);

where:

a₂₀₃₀

isF124

a₂₀₂₁

is as defined in point 6.2.1;

average emissions₂₀₂₁

is as defined in point 6.2.1;

TM

is as defined in point 6.2.1;

TM₀

is as defined in point 6.2.1.

6.3. Specific emissions targets from 2025 onwards U.K.

6.3.1. Specific emissions targets for 2025 to 2029 U.K.

The specific emissions target = (specific emissions reference target – (ø_targets – [F124 Great Britain fleet-wide] target₂₀₂₅)) · ZLEV factor

where:

specific emissions reference target

is the specific emissions reference target for the manufacturer determined in accordance with point 6.2.1;

ø_targets

is the average, weighted on the number of new light commercial vehicles of each individual manufacturer, of all the specific emissions reference targets determined in accordance with point 6.2.1;

ZLEV factor

is (1 + y – x), unless this sum is larger than 1,05 or lower than 1,0 in which case the ZLEV factor shall be set to 1,05 or 1,0, as the case may be;

where:

y

is the share of zero- and low-emission vehicles in the manufacturer's fleet of new light commercial vehicles calculated as the total number of new zero- and low-emission vehicles, where each of them is counted as ZLEV_specific in accordance with the following formula, divided by the total number of new light commercial vehicles registered in the relevant calendar year:

x

is 15 %.

6.3.2. Specific emissions targets from 2030 onwards U.K.

The specific emissions target = (specific emissions reference target – (ø_targets – [F124 Great Britain fleet-wide] target₂₀₃₀)) · ZLEV factor

where:

specific emissions reference target

is the specific emissions reference target for the manufacturer determined in accordance with point 6.2.2;

ø_targets

is the average, weighted on the number of new light commercial vehicles of each individual manufacturer, of all the specific emissions reference targets determined in accordance with point 6.2.2;

ZLEV factor

is (1 + y – x), unless this sum is larger than 1,05 or lower than 1,0 in which case the ZLEV factor shall be set to 1,05 or 1,0, as the case may be;

where:

y

is the share of zero- and low-emission vehicles in the manufacturer's fleet of new light commercial vehicles calculated as the total number of new zero- and low-emission vehicles, where each of them is counted as ZLEV_specific in accordance with the following formula, divided by the total number of new light commercial vehicles registered in the relevant calendar year:

x

is 30 %.

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

PART A U.K. Collection of data on new passenger cars and determination of CO₂ emissions monitoring information

1. [F125 The Secretary of State] shall, for each calendar year, record the following detailed data for each new passenger car registered as an M₁ vehicle in [F126 Great Britain]: U.K.

Textual Amendments

F125 Words in Annex 2 Pt. A Point 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(24)(a)(i)

F126 Words in Annex 2 Pt. A Point 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(24)(a)(ii)

(a)

the manufacturer;

(b)

the type-approval number and its extension;

(c)

the type, variant, and version (where applicable);

(d)

make and commercial name;

(e)

category of vehicle type-approved;

(f)

total number of new registrations;

(g)

mass in running order;

(h)

the specific emissions of CO₂ (NEDC and WLTP);

(i)

footprint: the wheel base, the track width of the steered axle and the track width other axle;

(j)

the fuel type and fuel mode;

(k)

engine capacity;

(l)

electric energy consumption;

(m)

code for the innovative technology or group of innovative technologies and the CO₂ emissions reduction due to that technology (NEDC and WLTP);

(n)

maximum net power;

(o)

vehicle identification number;

(p)

WLTP test mass;

(q)

deviation and verification factors referred to in point 3.2.8 of Annex I to Implementing Regulation (EU) 2017/1153;

(r)

category of vehicle registered;

(s)

vehicle family identification number;

(t)

electric range, where applicable.

F127 ...

Textual Amendments

F127 Words in Annex 2 Pt. A Point 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(24)(a)(iii)

2. The detailed data referred to in point 1 shall be taken from the certificate of conformity of the relevant passenger car. In the case of bi-fuelled vehicles (petrol/gas), the certificates of conformity of which bear specific emissions of CO₂ values for both types of fuel, [F128 the Secretary of State] shall use only the value measured for gas. U.K.

Textual Amendments

F128 Words in Annex 2 Pt. A Point 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(24)(b)

3. [F129 The Secretary of State] shall, for each calendar year, determine: U.K.

Textual Amendments

F129 Words in Annex 2 Pt. A Point 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(24)(c)

(a)

the total number of new registrations of new passenger cars subject to EC type-approval;

(b)

the total number of new registrations of new individually approved passenger cars;

(c)

the total number of new registrations of new passenger cars subject to national type-approval of small series.

PART B U.K. Format for the transmission of data

For each year, [F130 the Secretary of State shall collect] the information specified in points 1 and 3 of Part A in the following formats:

Textual Amendments

F130 Words in Annex 2 Pt. B 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(25)(a)

SECTION 1 U.K. AGGREGATED MONITORING DATA

F131 ...
F131 ...
Year
Total number of new registrations of new passenger cars subject to EC type-approval
Total number of new registrations of new individually approved passenger cars
Total number of new registrations of new passenger cars subject to national type-approval of small series

Textual Amendments

F131 Words in Annex 2 Pt. B s. 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(25)(b)

SECTION 2 U.K. DETAILED MONITORING DATA — ONE VEHICLE RECORD

a In the case of national type-approval of small series (NSS) or individual approval (IVA), the manufacturer's name shall be provided in the column ‘Manufacturer name in [F132 United Kingdom] registry’ whilst in the column ‘Manufacturer name F133 ... standard denomination’ either of the following shall be indicated: ‘AA-NSS’ or ‘AA-IVA’, as the case may be.
Reference to point 1 of Part A	Detailed data per vehicle registered
(a)	Manufacturer name F134 ... standard denomination
	Manufacturer name OEM declaration
	Manufacturer name in [F135 United Kingdom] registrya
(b)	Type-approval number and its extension
(c)	Type
	Variant
	Version
(d)	Make and commercial name
(e)	Category of vehicle type-approved
(f)	Total number of new registrations
(g)	Mass in running order
(h)	Specific emissions of CO2 (combined) NEDC value until 31 December 2020 except for vehicles that fall within the scope of Article 5 for which the NEDC value shall be determined until 31 December 2022 in accordance with Article 5 of Implementing Regulation (EU) 2017/1153
	Specific emissions of CO2 (combined) WLTP value
(i)	Wheel base
	Track width steered axle (Axle 1)
	Track width other axle (Axle 2)
(j)	Fuel type
	Fuel mode
(k)	Engine capacity (cm3)
(l)	Electric energy consumption (Wh/km)
(m)	Code of the eco-innovation(s)
	Total NEDC CO2 emissions savings due to the eco-innovation(s) until 31 December 2020
	Total WLTP CO2 emissions savings due to the eco-innovation(s)
(n)	Maximum net power
(o)	Vehicle identification number
(p)	WLTP test mass
(q)	Deviation factor De (where available)
	Verification factor (where available)
(r)	Category of vehicle registered
(s)	Vehicle family identification number
(t)	Electric range, where available

Textual Amendments

F132 Words in Annex 2 Pt. B s. 2(a) 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(25)(c)(iii)(aa)

F133 Word in Annex 2 Pt. B s. 2(a) 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(25)(c)(iii)(bb)

F134 Word in Annex 2 Pt. B s. 2(a) 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(25)(c)(i)

F135 Words in Annex 2 Pt. B s. 2(a) 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(25)(c)(ii)

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

A. Collection of data on new light commercial vehicles and determination of CO₂ emissions monitoring information U.K.

1. Detailed data U.K.

1.1. Complete vehicles registered as N₁ U.K.

In the case of EC type-approved complete vehicles registered as N₁, [F136 the Secretary of State] shall, for each calendar year, record the following detailed data for each new light commercial vehicle the first time that it is registered in [F137 Great Britain]:

Textual Amendments

F136 Words in Annex 3 Pt. A Point 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(26)(a)(i)

F137 Words in Annex 3 Pt. A Point 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(26)(a)(ii)

(a)

the manufacturer;

(b)

the type-approval number and its extension;

(c)

the type, variant, and version;

(d)

make;

(e)

category of vehicle type-approved;

(f)

category of vehicle registered;

(g)

the specific emissions of CO₂ (NEDC and WLTP);

(h)

mass in running order;

(i)

technically permissible maximum laden mass;

(j)

footprint: the wheel base, the track width steered axle and the track width other axle;

(k)

the fuel type and fuel mode;

(l)

engine capacity;

(m)

electric energy consumption;

(n)

code of the innovative technology or group of innovative technologies and the CO₂ emissions reduction due to that technology (NEDC and WLTP);

(o)

the vehicle identification number;

(p)

WLTP test mass;

(q)

deviation and verification factors referred to in point 3.2.8 of Annex I to Implementing Regulation (EU) 2017/1152;

(r)

vehicle family identification number determined in accordance with point 5.0 of Annex XXI to Regulation (EU) 2017/1151;

(s)

electric range, where applicable.

F138 ...

Textual Amendments

F138 Words in Annex 3 Pt. A Point 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(26)(a)(iii)

[F121 1.2. Completed vehicles registered as N1 vehicles U.K.

1.2.1.

F139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F139 Annex 3 Pt. A Point 1.2.1 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(26)(b)(i)

1.2.1.1.

F140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F140 Annex 3 Pt. A Point 1.2.1.1 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(26)(b)(ii)

1.2.1.2. Completed vehicles of category N1 type-approved in accordance with Annex XXI to Regulation (EU) 2017/1151 U.K.

For each new completed vehicle registered in 2020 and subsequent calendar years, [F141 the Secretary of State shall as a minimum collect] the detailed data specified in points (a), (f), (g), (h), (o), (p) and (r) of point 1.1.

Textual Amendments

F141 Words in Annex 3 Pt. A Point 1.2.1.2 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(26)(b)(iii)

1.2.2. Reporting by manufacturers U.K.

For each new completed vehicle of category N1, type-approved in accordance with Annex XXI to Regulation (EU) 2017/1151 registered in 2020 and subsequent calendar years, the manufacturer of the related base vehicle shall report to the [F142 Secretary of State] by 28 February each year, starting from [F143 2022], the following data relating to the base vehicle:

Textual Amendments

F142 Words in Annex 3 Pt. A Point 1.2.2 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(26)(b)(iv)(aa)

F143 Word in Annex 3 Pt. A Point 1.2.2 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(26)(b)(iv)(bb)

(a)

where the completed vehicle is based on an incomplete base vehicle:

(i)

vehicle identification number;

(ii)

vehicle family identifier as referred to in paragraph 5.0 of Annex XXI to Regulation (EU) 2017/1151;

(iii)

monitoring CO ₂ emissions determined in accordance with point 1.2.4;

(iv)

frontal area, specifying the applicable option as referred to in point 1.2.4(c);

(v)

rolling resistance, as referred to in point 1.2.4(b);

(vi)

monitoring mass, determined in accordance with point 4.1 of Part B of Annex I;

(vii)

mass in running order;

(viii)

mass representative of the vehicle load as defined in point 1.2.4(a);

(b)

where the completed vehicle is based on a complete base vehicle:

(i)

vehicle identification number;

(ii)

vehicle family identifier as referred to in point (a)(ii) of this paragraph;

(iii)

specific CO ₂ emissions of the base vehicle;

(iv)

mass in running order.

1.2.3. Calculation of the average specific emissions of CO ₂ and the specific emission target U.K.

The [F144 Secretary of State] shall use the values reported by a base vehicle manufacturer in accordance with point 1.2.2 to calculate its average specific emissions of CO ₂ and the specific emission target in the calendar year in which the related completed vehicle is registered, except where the conditions referred to in point 1.2.5 are met in which case the data for the completed vehicles shall be used.

Textual Amendments

F144 Words in Annex 3 Pt. A Point 1.2.3 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(26)(b)(v)(aa)

Where the data referred to in point 1.2.2 is not reported by the manufacturer of the base vehicle, the specific CO ₂ emissions [F145 collected by the Secretary of State] in accordance with point 1.2.1 with regard to the related completed vehicle shall be used for the calculation of the average specific emissions of CO ₂ and the specific emissions target of the manufacturer concerned.

Textual Amendments

F145 Words in Annex 3 Pt. A Point 1.2.3 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(26)(b)(v)(bb)

1.2.4. Calculation of the monitoring CO2 emissions in the case of incomplete base vehicles U.K.

A manufacturer shall, starting from calendar year [F146 2021], calculate the monitoring CO ₂ emissions for each of its individual incomplete base vehicles in accordance with the interpolation method referred to in points 3.2.3.2 or 3.2.4 of Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151, using the same method as that applied for the EC type-approval of the base vehicle with regard to its emissions, where the terms shall be as defined in those points with the following exceptions:

Textual Amendments

F146 Word in Annex 3 Pt. A Point 1.2.4 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(26)(b)(vi)

(a)

Mass of the individual vehicle

The term ‘TM _ind ’ referred to in points 3.2.3.2.2.1 or 3.2.4.1.1.1 of Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151 shall be replaced by the base vehicle default mass, DM _base . Where DM _base is lower than the test mass of vehicle low, TM _L , of the interpolation family, TM _ind shall be replaced by TM _L . Where DM _base is higher than the test mass of vehicle high, TM _H , of the interpolation family, TM _ind shall be replaced by TM _H .

DM _base shall be determined in accordance with the following formula:

DM _base = MRO _base × B ₀ + 25 kg + M _VL

where:

MRO _base

is the mass in running order of the base vehicle as defined in point 3.2.5 of Annex XXI to Regulation (EU) 2017/1151;

B ₀

is the body mass value of 1,375;

M _VL

is the mass representative of the vehicle load, which means 28 per cent of the maximum vehicle load, where maximum vehicle load is defined as the technically permissible maximum laden mass minus the mass in running order of the base vehicle multiplied by B ₀ , minus 25 kg.

The value of B ₀ shall be adjusted by 31 October 2021 on the basis of the mass in running order of the incomplete base vehicles for all completed vehicles registered in calendar years 2018, 2019, and 2020, calculated in accordance with the below formulas. The new B ₀ value shall apply from 1 January 2022 until 31 December 2024.

Formula 1:

where:

A _i

is the value A _y as calculated in Formula 2 for the relevant calendar year

n _i

is the number of incomplete base vehicles related to completed vehicles registered in the calendar year

Formula 2:

where:

A _y

is the average of the ratio between M _fi and M _bi for each of the calendar years 2018 to 2020;

M _fi

is the mass in running order of the incomplete base vehicle increased by the default added mass as defined in Section 5 of Annex XII to Regulation (EC) No 692/2008;

M _bi

is the mass in running order of the incomplete base vehicle;

n

is the number of incomplete base vehicles related to completed vehicles registered in the calendar year.

(b)

Rolling resistance of the individual vehicle

The rolling resistance of the base vehicle shall be used for the purposes of point 3.2.3.2.2.2 or 3.2.4.1.1.2 of Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151.

(c)

Frontal area

In the case of an incomplete base vehicle that belongs to a road load matrix family, the manufacturer shall determine the term ‘Af’ referred to in point 3.2.3.2.2.3 of Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151 in accordance with one of the following options:

(i)

frontal area of the representative vehicle of the road load matrix family, in m ² ;

(ii)

the mean value of the frontal area of vehicle high and vehicle low of the interpolation family, in m ² ;

(iii)

the frontal area of the vehicle high of the interpolation family, in case the interpolation method is not used, in m ² .

In the case of an incomplete base vehicle that does not belong to a road load matrix family, the frontal area value of vehicle high of the interpolation family shall be used.

1.2.5. Representativeness of the monitoring CO2 value U.K.

The [F147 Secretary of State] shall each year assess the representativeness of the average of the monitoring CO ₂ emissions reported by the base vehicle manufacturer as compared to the average of the specific emissions of CO ₂ of the related completed vehicles registered in the relevant calendar year. The [F147 Secretary of State] shall inform the manufacturer of the base vehicle of the divergence found between those values.

Textual Amendments

F147 Words in Annex 3 Pt. A Point 1.2.5 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(26)(b)(vii)

In case a divergence by 4 % or more is found during each of two successive calendar years, the [F147 Secretary of State] shall use the average of the specific emissions of CO ₂ of the completed vehicles in the following calendar year to calculate the average specific emissions of CO ₂ of the base vehicle manufacturer or the pool in that year.]

[F121 2. The details referred to in point 1 shall be taken from the certificate of conformity issued by the manufacturer of the relevant light commercial vehicle or be consistent with it. For those details that are not available in the certificate of conformity, details shall be taken from the type approval documentation or from the information reported by the base vehicle manufacturer pursuant to point 1.2.3. [F148 The Secretary of State] shall put the necessary measures in place to ensure adequate accuracy in the monitoring procedure. Where the certificate of conformity specifies both a minimum and a maximum mass for a light commercial vehicle, the [F149 Secretary of State] shall use only the maximum figure for the purpose of this Regulation. In the case of bi-fuelled vehicles (petrol/gas) the certificates of conformity of which bear specific CO ₂ emission figures for both types of fuel, [F150 the Secretary of State] shall use only the figure measured for gas.] U.K.

Textual Amendments

F148 Words in Annex 3 Pt. A Point 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(26)(c)(i)

F149 Words in Annex 3 Pt. A Point 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(26)(c)(ii)

F150 Words in Annex 3 Pt. A Point 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(26)(c)(iii)

3. [F151 The Secretary of State] shall, for each calendar year, determine: U.K.

Textual Amendments

F151 Words in Annex 3 Pt. A Point 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(26)(d)

(a)

the total number of new registrations of new light commercial vehicles subject to EC type-approval;

(b)

the total number of new registrations of new light commercial vehicles subject to multi-stage type-approval, where available;

(c)

the total number of new registrations of new light commercial vehicles subject to individual approval;

(d)

the total number of new registrations of new light commercial vehicles subject to national type-approval of small series.

B. Methodology for determining CO₂ monitoring information for new light commercial vehicles U.K.

Monitoring information which [F152 the Secretary of State is] required to determine in accordance with points 1 and 3 of Part A shall be determined in accordance with the methodology in this Part.

Textual Amendments

F152 Words in Annex 3 Pt. B 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(27)(a)

1. Number of new light commercial vehicles registered U.K.

[F153 The Secretary of State] shall determine the number of new light commercial vehicles registered within [F154 Great Britain] in the respective monitoring year divided into vehicles subject to EC type-approval, individual approval and national type-approval of small series and, where available, subject to multi-stage type-approval.

Textual Amendments

F153 Words in Annex 3 Pt. B Point 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(27)(b)(i)

F154 Words in Annex 3 Pt. B Point 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(27)(b)(ii)

2. Completed vehicles U.K.

In the case of multi-stage vehicles, the specific emissions of CO₂ of completed vehicles shall be allocated to the manufacturer of the base vehicle.

In order to ensure that the values of CO₂ emissions, fuel efficiency and mass of completed vehicles are representative, without placing an excessive burden on the manufacturer of the base vehicle, the [F155 Secretary of State] shall come forward with a specific monitoring procedure and shall, where appropriate, make the necessary amendments to the relevant type-approval legislation.

Textual Amendments

F155 Words in Annex 3 Pt. B Point 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(27)(c)

Notwithstanding that for the purpose of the calculation of the 2020 target in accordance with point 2 of Part B of Annex I the default added mass shall be taken from Part C of this Annex, where that mass value cannot be determined, the mass in running order of the completed vehicle may be used for the provisional calculation of the specific emissions target referred to in Article 7(4).

Where the base vehicle is a complete vehicle, the mass in running order of that vehicle shall be used for the calculation of the specific emissions target. However, where that mass value cannot be determined, the mass in running order of the completed vehicle may be used for the provisional calculation of the specific emissions target.

C. Formats for transmission of data U.K.

For each year, [F156 the Secretary of State shall collect] the information specified in points 1 and 3 of Part A in the following format:

Textual Amendments

F156 Words in Annex 3 Pt. C 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(28)(a)

Section 1

Aggregated monitoring data

F157 ...
F157 ...
Year
Total number of new registrations of new light commercial vehicles subject to EC type-approval
Total number of new registrations of individually approved new light commercial vehicles
Total number of new registrations of new light commercial vehicles subject to national type-approval of small series
Total number of new registrations of new light commercial vehicles subject to multi-stage type-approval (where available)

Textual Amendments

F157 Words in Annex 3 Pt. C s. 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(28)(b)

Section 2

Detailed monitoring data — one vehicle record

a Where, in the case of multi-stage vehicles, data cannot be provided for the base vehicle, the [F158 Secretary of State shall as a minimum collect] the data specified in this format for the completed vehicle.
b In the case of national type-approval of small series (NSS) or individual approval (IVA), the manufacturer's name shall be provided in the column ‘Manufacturer name in [F159 United Kingdom] registry’ whilst in the column ‘Manufacturer name F160 ... standard denomination’ either of the following shall be indicated: ‘AA-NSS’ or ‘AA-IVA’, as the case may be.
c In the case of multi-stage vehicles the base (incomplete/complete) vehicle manufacturer shall be indicated. If the base vehicle manufacturer is not available, the manufacturer of the completed vehicle only shall be indicated.
d In the case of multi-stage vehicles, the technically permissible maximum laden mass of the base vehicle shall be indicated.
e In the case of multi-stage vehicles, the mass in running order and the technically permissible maximum laden mass of the base vehicle may be replaced by the default added mass specified in the type-approval information in accordance with point 2.17.2 of Annex I to Directive 2007/46/EC.
Reference to point 1.1 of Part A	Detailed data per vehicle registereda
(a)	Manufacturer name [F161 United Kingdom] standard denominationb
	Manufacturer name OEM declaration COMPLETE VEHICLE/BASE VEHICLEc
	Manufacturer name OEM declaration COMPLETED VEHICLEc
	Manufacturer name in [F162 United Kingdom] registryb
(b)	Type-approval number and its extension
(c)	Type
	Variant
	Version
(d)	Make
(e)	Category of vehicle type-approved
(f)	Category of vehicle registered
(g)	Specific emissions of CO2 (combined) NEDC value until 31 December 2020
	Specific emissions of CO2 (combined) WLTP value
(h)	Mass in running order BASE VEHICLE
	Mass in running order COMPLETED VEHICLE/COMPLETE VEHICLE
(i)d	Technically permissible maximum laden mass
(j)	Wheel base
	Axle width steered axle (Axle 1)
	Axle width other axle (Axle 2)
(k)	Fuel type
	Fuel mode
(l)	Engine capacity (cm3)
(m)	Electric energy consumption (Wh/km)
(n)	Code of the eco-innovation(s)
	Total NEDC CO2 emissions savings due to the eco-innovation(s) until 31 December 2020
	Total WLTP CO2 emissions savings due to the eco-innovation(s)
(o)	Vehicle identification number
(p)	WLTP test mass
(q)	Deviation factor De (where available)
	Verification factor (where available)
(r)	Vehicle family identification number
(s)	Electric range, where available
Point 2.17.2 of Annex I to Directive 2007/46/ECe	Default added mass (where applicable in the case of multi-stage vehicles)

Textual Amendments

F158 Words in Annex 3 Pt. C s. 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(28)(c)(ii)

F159 Words in Annex 3 Pt. C s. 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(28)(c)(iii)(aa)

F160 Word in Annex 3 Pt. C s. 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(28)(c)(iii)(bb)

F161 Words in Annex 3 Pt. C s. 2(a) 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(28)(c)(i)(aa)

F162 Words in Annex 3 Pt. C s. 2(a) 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(28)(c)(i)(bb)

[F163 ANNEX 4 U.K. DEROGATION THRESHOLDS

Textual Amendments

F163 Annex 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(29)

Small volume derogation thresholds U.K.

1. For each of the years from 2020 to 2024— U.K.

(a)

the small volume derogation threshold in relation to a manufacturer that was responsible for new passenger cars registered in both the United Kingdom and in an EEA state in the period beginning with 1 January 2017 and ending with 31 December 2017 (“the relevant period”) is:

• where:

• “EEA” is the number of new passenger cars registered in an EEA state in the relevant period for which that manufacturer was responsible, and

• “UK” is the number of new passenger cars registered in the United Kingdom in the relevant period for which that manufacturer was responsible,

(b)

the small volume derogation threshold in relation to a manufacturer not falling within point (a) is 1,700,

(c)

the small volume derogation threshold in relation to a manufacturer that was responsible for new light commercial vehicles registered in both the United Kingdom and in an EEA state in the period beginning with 1 January 2017 and ending with 31 December 2017 (“the relevant period”) is:

• where:

• “EEA” is the number of new light commercial vehicles registered in an EEA state in the relevant period for which that manufacturer was responsible, and

• “UK” is the number of new light commercial vehicles registered in the United Kingdom in the relevant period for which that manufacturer was responsible,

(d)

the small volume derogation threshold in relation to a manufacturer not falling within point (c) is 4,300.

2. For 2025 and subsequent years, the small volume derogation threshold is to be such amount as is specified in Regulations. U.K.

Niche volume derogation thresholds U.K.

3. For each of the years from 2020 to 2024— U.K.

(a)

the niche volume derogation threshold in relation to a manufacturer that was responsible for new passenger cars registered in both the United Kingdom and in an EEA state in the period beginning with 1 January 2017 and ending with 31 December 2017 (“the relevant period”) is:

• where:

• “EEA” is the number of new passenger cars registered in an EEA state in the relevant period for which that manufacturer was responsible, and

• “UK” is the number of new passenger cars registered in the United Kingdom in the relevant period for which that manufacturer was responsible,

(b)

the niche volume derogation threshold in relation to a manufacturer not falling within point (a) is 50,000.

4. For 2025 and subsequent years, the niche volume derogation threshold shall be such amount as is specified in Regulations.] U.K.

ANNEX V U.K. CORRELATION TABLE

Regulation (EC) No 443/2009	Regulation (EU) No 510/2011	This Regulation
Article 1, first paragraph	Article 1(1)	Article 1(1)
Article 1, second paragraph	Article 1(2)	Article 1(2)
Article 1, third paragraph	—	Article 1(3)
—	—	Article 1(4)
—	—	Article 1(5)
—	—	Article 1(6)
—	—	Article 1(7)
Article 2(1)	Article 2(1)	Article 2(1)
Article 2(2)	Article 2(2)	Article 2(2)
Article 2(3)	Article 2(3)	Article 2(3)
Article 2(4)	Article 2(4)	Article 2(4)
Article 3(1), introductory wording	Article 3(1), introductory wording	Article 3(1), introductory wording
Article 3(1), points (a) and (b)	Article 3(1), points (a) and (b)	Article 3(1), points (a) and (b)
—	Article 3(1), points (c), (d) and (e)	Article 3(1), points (c), (d) and (e)
Article 3(1), points (c) and (d)	Article 3(1), points (f) and (g)	Article 3(1), points (f) and (g)
Article 3(1), point (f)	Article 3(1), point (h)	Article 3(1), point (h)
Article 3(1), point (e)	Article 3(1), point (j)	Article 3(1), point (i)
Article 3(1), point (g)	Article 3(1), point (i)	Article 3(1), point (j)
—	—	Article 3(1), points (k), (l) and (m)
	Article 3(1), point (k)	Article 3(1), point (n)
Article 3(2)	Article 3(2)	Article 3(2)
Article 4, first paragraph	Article 4, first paragraph	Article 4(1), introductory wording and points (a) and (b)
—	—	Article 4(1), point (c)
—	Article 4, second paragraph	Article 4(2)
Article 4, second paragraph	Article 4, third paragraph	Article 4(3)
Article 5	Article 5	—
Article 5a	—	Article 5
Article 6	Article 6	—
Article 7(1)	Article 7(1)	Article 6(1)
Article 7(2), points (a), (b) and (c)	Article 7(2), points (a), (b) and (c)	Article 6(2), points (a), (b) and (c)
—	—	Article 6(2), point (d)
Article 7(3)	Article 7(3)	Article 6(3)
Article 7(4)	Article 7(4)	Article 6(4)
Article 7(5)	Article 7(5)	Article 6(5)
Article 7(6)	Article 7(6)	Article 6(6)
Article 7(7)	Article 7(7)	Article 6(7)
Article 8(1)	Article 8(1)	Article 7(1)
Article 8(2)	Article 8(2)	Article 7(2)
Article 8(3)	Article 8(3)	Article 7(3)
Article 8(4), first and second subparagraphs	Article 8(4), first and second subparagraphs	Article 7(4), first and second subparagraphs
Article 8(4), third subparagraph	Article 8(4), first subparagraph	Article 7(4), third subparagraph
Article 8(5), first subparagraph	Article 8(5)	Article 7(5) first subparagraph
Article 8(5), second subparagraph	Article 8(6)	Article 7(5), second subparagraph
Article 8(6)	Article 8(7)	—
Article 8(7)	Article 8(8)	Article 7(6), first subparagraph
—	—	Article 7(6), second subparagraph
Article 8(8)	—	—
Article 8(9), first subparagraph	Article 8(9), first subparagraph	Article 7(7)
Article 8(9), second subparagraph	Article 8(9), second subparagraph	Article 7(8)
—	—	Article 7(9)
—	—	Article 7(10)
—	Article 8(10)	Article 7(11)
Article 9(1)	Article 9(1)	Article 8(1)
Article 9(2), first subparagraph, introductory wording	Article 9(2), first subparagraph, introductory wording	Article 8(2), first subparagraph, first part
Article 9(2), first subparagraph, point (a)	Article 9(2), first subparagraph, point (a)	—
Article 9(2), first subparagraph, point (b)	Article 9(2), first subparagraph, point (b)	Article 8(2), first subparagraph, second part
Article 9(2), second subparagraph	Article 9(2), second subparagraph	Article 8(2), second subparagraph
Article 9(3)	Article 9(3)	Article 8(3)
Article 9(4)	Article 9(4)	Article 8(4)
Article 10(1), introductory wording	Article 10(1), introductory wording	Article 9(1), introductory wording
Article 10(1), points (a) to (e)	Article 10(1), points (a) to (e)	Article 9(1), points (a) to (e)
—	—	Article 9(1), point (f)
Article 10(2)	Article 10(2)	Article 9(2)
—	—	Article 9(3)
Article 11(1)	Article 11(1)	Article 10(1)
Article 11(2)	Article 11(2)	Article 10(2)
Article 11(3)	Article 11(3)	Article 10(3), first subparagraph
—	—	Article 10(3), second subparagraph
Article 11(4), first subparagraph	—	Article 10(4), first subparagraph
Article 11(4), second subparagraph, introductory wording	—	Article 10(4), second subparagraph, introductory wording
Article 11(4), second subparagraph, point (a)	—	Article 10(4), second subparagraph, point (a)
Article 11(4), second subparagraph, point (b)	—	—
Article 11(4), second subparagraph, point (c)	—	Article 10(4), second subparagraph, point (b)
—	—	Article 10(4), second subparagraph, point (c)
Article 11(4), third and fourth subparagraphs	—	Article 10(4), third and fourth subparagraphs
Article 11(5)	Article 11(4)	Article 10(5)
Article 11(6)	Article 11(5)	Article 10(6)
Article 11(7)	Article 11(6)	Article 10(7)
Article 11(8)	Article 11(7)	Article 10(8)
Article 11(9)	Article 11(8)	Article 10(9)
Article 12(1), first subparagraph	Article 12(1), first subparagraph	Article 11(1), first subparagraph
Article 12(1), second subparagraph	—	Article 11(1), second subparagraph
Article 12(1), third subparagraph	Article 12(1), second subparagraph	Article 11(1), third subparagraph
—	—	Article 11(1), fourth subparagraph
Article 12(2)	Article 12(2)	Article 11(2), introductory wording, points (a), (b) and (c) and point (d), first part
—	—	Article 11(2), point (d), last part
Article 12(3)	Article 12(3)	Article 11(3)
Article 12(4)	Article 12(4)	Article 11(4)
—	—	Article 12
—	—	Article 13
Article 13(1)	—	—
—	Article 13(1)	—
—	—	Article 14, title
—	—	Article 14(1), first subparagraph, introductory wording
Article 13(2), first and second subparagraphs	—	Article 14(1) point (a)
—	Article 13(5)	Article 14(1), point (b)
		Article 14(1), points (c) and (d)
Article 13(2), third subparagraph	Article 13(5)	Article 14(2)
—	—	Article 15(1)
—	—	Article 15(2)
—	—	Article 15(3)
—	Article 13(2)	—
—	—	Article 15(4), first part
Article 13(3)	Article 13(6), first subparagraph	Article 15(4), second part
—	Article 13(4)	—
Article 13(4)	Article 13(6), second subparagraph	—
Article 13(5)	—	—
Article 13(6)	Article 13(3)	—
—	—	Article 15(5)
—	—	Article 15(6)
Article 13(7), first subparagraph	Article 13(6), third subparagraph	Article 15(7)
Article 13(7), second subparagraph	Article 13(6), fourth subparagraph	Article 15(8)
Article 14(1)	Article 14(1)	Article 16(1)
Article 14(2)	Article 14(2)	Article 16(2)
Article 14(3)	Article 14(2a)	Article 16(3)
Article 14a(1)	Article 15(3)	Article 17(1)
Article 14a(2)	Article 15(1)	Article 17(2)
Article 14a(3)	Article 16	Article 17(3)
Article 14a(4)	Article 15(2)	Article 17(4)
Article 14a(5)	Article 17	Article 17(5)
Article 15	—	—
—	—	Article 18
Article 16	Article 18	Article 19
Annex I	—	Annex I, part A, points 1 to 5
—	—	Annex I, part A, point 6
—	Annex I	Annex I, part B, points 1 to 5
—	—	Annex I, part B, point 6
Annex II, part A	—	Annex II, part A
Annex II, part B	—	—
Annex II, part C	—	Annex II, part B
—	Annex II	Annex III
—	—	Annex IV
—	—	Annex V

(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.