Part 2Miscellaneous amendments to the Vehicle Emissions Trading Schemes Order 2023

Amendment to article 3 (interpretation)3.

(1)

In article 3(1)—

(a)

in paragraph (e) of the definition of “manufacturer”, after “Regulation (EU) 2017/1151”3 insert “or Regulation (EU) 595/2009”4;

(b)

after the definition of “type approval” insert—
““UN Regulation No 154” means UN Regulation No 154 – Uniform provisions concerning the approval of light duty passenger and commercial vehicles with regards to criteria emissions, emissions of carbon dioxide and fuel consumption and/or the measurement of electric energy consumption and electric range (WLTP)5;”;

(c)

in paragraph (b) of the definition of “the zero-emission conditions”, after “van or SPV,” insert “and subject to paragraph (8A),”.

(2)

After article 3(8) insert—

“(8A)

Condition B does not need to be met in the case of a vehicle which was type-approved in accordance with Annex 21 to Regulation (EU) 2017/1151 as a Fuel Cell Vehicle or a Fuel Cell Hybrid Vehicle where the fuel cell is powered by hydrogen.

(8B)

For the purposes of paragraph (8A)—

“Fuel Cell Vehicle” has the same meaning as in—

(a)

point 3.3.19 of Annex XXI of Regulation (EU) 2017/1151 as that Regulation has effect in domestic law, or

(b)

where the Regulation (EU) 2017/1151 as that Regulation applies in EU law is relevant, paragraph 3.3.19 of UN Regulation No 154;

“Fuel Cell Hybrid Vehicle” has the same meaning as in—

(a)

point 3.3.20 of Annex XXI of Regulation (EU) 2017/1151 as that Regulation has effect in domestic law, or

(b)

where the Regulation (EU) 2017/1151 as that Regulation applies in EU law is relevant, paragraph 3.3.20 of UN Regulation No 154.”.