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)

Changes over time for: Article 10

Version Superseded: 01/09/2021

Alternative versions:

17/04/2019- Amendment
Exit day: start of implementation period31/01/2020 11pm- Amendment
End of implementation period31/12/2020- Amendment
31/12/2020
Point in time
01/09/2021- Amendment
31/12/2022- Amendment
03/01/2024- Amendment

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Point in time view as at 31/12/2020. This version of this provision has been superseded.

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Article 10U.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 [F1where 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 [F2where 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 [F3Secretary 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 [F4Secretary 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 [F4Secretary 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 [F5where 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 [F6Secretary 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 [F6Secretary 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 [F6Secretary 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 [F7Secretary of State] immediately of any change which affects or may affect its eligibility for a derogation.

6.Where the [F8Secretary 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, [F9the 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 [F10Secretary of State] shall impose the excess emissions premium on the manufacturer, as set out in Article 8.

8.[F11Regulations 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.

[F12Regulations 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 [F13by 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

F1Words 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)

F2Words 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)

F3Words 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)

F4Words 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)

F5Words 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)

F6Words 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)

F7Words 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)

F8Words 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)

F9Words 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)

F10Words 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)

F11Words 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)