Citation, commencement and extent

1.—(1) These Regulations may be cited as the Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Miscellaneous Amendments) Regulations 2021.

(2) These Regulations come into force on 26th November 2021.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendment of Regulation (EU) No 2019/631

2.—(1) Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO₂emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009and (EU) No 510/2011, is amended as follows.

(2) In Part A (specific emissions targets for passenger cars) of Annex 1—

(a) at the beginning of point 3, insert “Subject to points 3a to 3c,”;

(b) after point 3, insert—

“3a.   For a manufacturer for which WLTP _CO2 or NEDC _CO2 is zero, the specific emission reference target in 2021 shall be NEDC _2020target as defined in point 3.

3b.   For a manufacturer that is placing passenger cars on the United Kingdom market for the first time in any of the calendar years 2021 to 2024, the specific emission reference target in 2021 shall be the average of the specific emissions reference targets determined for all manufacturers in accordance with point 3, weighted according to the number of new passenger cars that were registered for those manufacturers in the United Kingdom in 2020.

3c.   Notwithstanding point 3b, where in any of the calendar years 2021 to 2024, a manufacturer is placing passenger cars on the market of the United Kingdom for the first time, but that manufacturer was formed by a merger of two or more manufacturers of which at least one was responsible for new passenger cars registered in the United Kingdom in 2020, the specific emission reference target in 2021 for the new manufacturer shall be one of the following:

(a) where two or more of the merging manufacturers were responsible for new passenger cars registered in the United Kingdom in 2020, the specific emission reference target in 2021 shall be the average of the specific emission reference targets determined for those manufacturers in accordance with point 3, weighted according to the number of new passenger cars that were registered for those manufacturers in the United Kingdom in 2020;

(b) where only one of the merging manufacturers was responsible for new passenger cars registered in the United Kingdom in 2020, the specific emission reference target in 2021 determined in accordance with point 3 for that manufacturer. ”;

(c) in the definition of M₀in point 4, for “as defined in point (a) of Article 14(1)” substitute “1,435.77”;

(d) at the beginning of point 4, insert “Subject to points 4a and 4b,”;

(e) after point 4, insert—

“4a.   For a manufacturer that is placing passenger cars on the United Kingdom market for the first time in any of the calendar years 2021 to 2024, when calculating the specific emissions target in point 4, M _ø2020 shall be the average of the M _ø2020 values determined for all manufacturers determined in accordance with point 4, weighted according to the number of new passenger cars that were registered for those manufacturers in the United Kingdom in 2020.

4b.   Notwithstanding point 4a, where in any of the calendar years 2021 to 2024 a manufacturer is placing passenger cars on the market of the United Kingdom for the first time, but that manufacturer was formed by a merger of two or more manufacturers of which at least one was responsible for new passenger cars registered in the United Kingdom in 2020, when calculating the specific emissions target in point 4, M _ø2020 for the new manufacturer shall be one of the following:

(a) where two or more of the merging manufacturers were responsible for new passenger cars registered in the United Kingdom in 2020, M _ø2020 shall be the average of the M _ø2020 values determined for those manufacturers in accordance with point 4, weighted according to the number of new passenger cars that were registered for those manufacturers in the United Kingdom in 2020;

(b) where only one of the merging manufacturers was responsible for new passenger cars registered in the United Kingdom in 2020, M _ø2020 shall be determined in accordance with point 4 for that manufacturer. ”;

(f) for point 5, substitute—

“5.   Derogation targets in accordance with Article 10(3) or 10(4)

(a) For a manufacturer that has been granted a derogation in accordance with Article 10(3) from its NEDC based specific emissions target in calendar year 2021, or a derogation in accordance with Article 10(4) from its specific emission targets in any of the calendar years 2021 to 2024, the WLTP based derogation target for those years shall be calculated as follows:

Where:

WLTP _CO2 is WLTP _CO2 as defined in point 3;

NEDC _CO2 is WLTP _CO2 as defined in point 3;

NEDC _{derogationtarget} is the derogation target granted by the Secretary of State pursuant to Article 10(3) or 10(4) as the case may be.

(b) Notwithstanding point (a), where a manufacturer is granted a derogation in accordance with Article 10(4) from the specific emission targets in any of the calendar years 2021 to 2024, but was not responsible for the registration of new passenger cars in the United Kingdom prior to 2021, the derogation target for any of those calendar years shall be calculated in accordance with the formula in point (a), where the following definitions shall apply:

WLTP _CO2 is the average value across all individual manufacturers, weighted by the number of new passenger cars registered in 2020, of WLTP _CO2 as defined in point 3;

NEDC _CO2 is the average value across all individual manufacturers, weighted by the number of new passenger cars registered in 2020, of NEDC _CO2 as defined in point 3;

NEDC _{derogationtarget} is the derogation target calculated in accordance with Article 10(4), in conjunction with Article 6(3) of Commission Regulation (EU) No 63/2011( 2) of 26 January 2011 laying down detailed provisions for the application for a derogation from the specific CO ₂ emission targets pursuant to Article 11 of Regulation (EC) No 443/2009 of the European Parliament and of the Council. ”.

(3) In Part B (specific emissions targets for light commercial vehicles) of Annex 1—

(a) at the beginning of point 3, insert “Subject to points 3a to 3c,”;

(b) after point 3, insert—

“3a.   For a manufacturer for which WLTP _CO2 or NEDC _CO2 is zero, the specific emission reference target in 2021 shall be NEDC _2020target as defined in point 3.

3b.   For a manufacturer that is placing light commercial vehicles on the market of the United Kingdom for the first time in any of the calendar years 2021 to 2024, the specific emission reference target in 2021 shall be the average of the specific emissions reference targets determined for all manufacturers in accordance with point 3, weighted according to the number of new light commercial vehicles that were registered for those manufacturers in the United Kingdom in 2020.

3c.   Notwithstanding point 3b, where in any of the calendar years 2021 to 2024, a manufacturer is placing light commercial vehicles on the market of the United Kingdom for the first time, but that manufacturer was formed by a merger of two or more manufacturers of which at least one was responsible for new light commercial vehicles registered in the United Kingdom in 2020, the specific emission reference target in 2021 for the new manufacturer shall be one of the following:

(a) where two or more of the merging manufacturers were responsible for new light commercial vehicles registered in the United Kingdom in 2020, the specific emission reference target in 2021 shall be the average of the specific emission reference targets determined for those manufacturers in accordance with point 3, weighted according to the number of new light commercial vehicles that were registered for those manufacturers in the United Kingdom in 2020;

(b) where only one of the merging manufacturers was responsible for new light commercial vehicles registered in the United Kingdom in 2020, the specific emission reference target in 2021 determined in accordance with point 3 for that manufacturer. ”;

(c) at the beginning of point 4, insert “Subject to points 4a and 4b,”;

(d) after point 4 insert—

“4a.   For a manufacturer that is placing light commercial vehicles on the United Kingdom market for the first time in any of the calendar years 2021 to 2024, when calculating the specific emissions target in point 4, M _ø2020 shall be the average of the M _ø2020 values determined for all manufacturers determined in accordance with point 4, weighted according to the number of new light commercial vehicles that were registered for those manufacturers in the United Kingdom in 2020.

4b.   Notwithstanding point 4a, where in any of the calendar years 2021 to 2024 a manufacturer is placing light commercial vehicles on the market of the United Kingdom for the first time, but that manufacturer was formed by a merger of two or more manufacturers of which at least one was responsible for new light commercial vehicles registered in the United Kingdom in 2020, when calculating the specific emissions target in point 4, M _ø2020 for the new manufacturer shall be one of the following:

(a) where two or more of the merging manufacturers were responsible for new light commercial vehicles registered in the United Kingdom in 2020, M _ø2020 shall be the average of the M _ø2020 values determined for those manufacturers in accordance with point 4, weighted according to the number of new light commercial vehicles that were registered for those manufacturers in the United Kingdom in 2020;

(b) where only one of the merging manufacturers was responsible for new light commercial vehicles registered in the United Kingdom in 2020, M _ø2020 shall be determined in accordance with point 4 for that manufacturer. ”.

(4) In Part A (collection of data on new passenger cars and determination of CO₂emissions monitoring information) of Annex 2—

(a) for point 1 substitute—

“1.   The Secretary of State shall, for each calendar year, record the following detailed data for each new passenger car registered as an M ₁ vehicle in the United Kingdom with the exception of the data indicated in points (t), (u) and (v) which shall be recorded by the Secretary of State if the data has been provided following a request by the Secretary of State:

(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) mass in running order;

(g) the specific emissions of CO ₂ ;

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

(i) the fuel type and fuel mode;

(j) engine capacity;

(k) electric energy consumption;

(l) code for the innovative technology or group of innovative technologies and the CO ₂ emissions reduction due to that technology;

(m) maximum net power;

(n) vehicle identification number;

(o) WLTP test mass;

(p) category of vehicle registered;

(q) vehicle family identification number;

(r) electric range, where applicable;

(s) date of first registration;

(t) road-load coefficients: f0, f1 and f2;

(u) frontal area;

(v) tyre rolling resistance class. ”;

(b) in point 2 for the words from “In the case of bi-fuelled vehicles” to the end, substitute “In the case of bi-fuelled vehicles running on petrol and liquefied petroleum gas (“ LPG”) or on petrol and compressed natural gas (“ CNG”), the certificates of conformity of which include specific emissions of CO₂values for both types of fuels, the Secretary of State shall use the value for LPG or CNG as the case may be. In the case of flex-fuel vehicles using petrol and ethanol (E85) fuel, the Secretary of State shall use the specific emissions of CO₂value for petrol.”.

(5) For the table in section 2 (detailed monitoring data – one vehicle record) of Part B (format for the transition of data) of Annex 2 substitute—

(6) In Part A of Annex 3—

(a) for point 1.1 substitute—

“1.1.   Complete vehicles registered as N ₁

In the case of EC type-approved complete vehicles registered as N ₁ , 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 the United Kingdom, with the exception of the data indicated in points (u), (v) and (w) which shall be recorded by the Secretary of State if the data has been provided following a request by the Secretary of State:

(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 CO ₂ ;

(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 CO ₂ emissions reduction due to that technology;

(o) the vehicle identification number;

(p) WLTP test mass;

(q) vehicle family identification number determined in accordance with point 5.0 of Annex 21 to 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 (EU) 2017/1151;

(r) electric range, where applicable;

(s) date of first registration;

(t) maximum net power;

(u) road-load coefficients: f0, f1 and f2;

(v) frontal area;

(w) tyre rolling resistance class. ”;

(b) in point 2, for the last sentence substitute “In the case of bi-fuelled vehicles running on petrol and liquefied petroleum gas (LPG) or on petrol and compressed natural gas (CNG), the certificates of conformity of which include specific emissions of CO₂values for both types of fuels, the Secretary of State shall use the value for LPG or CNG as the case may be. In the case of flex-fuel vehicles using petrol and ethanol (E85) fuel, the Secretary of State shall use the specific emissions of CO₂value for petrol.”.

(7) For the second table (detailed monitoring data - one vehicle record) in Part C of Annex 3 substitute—

Amendment of Commission Delegated Regulation (EU) No 114/2013

3.—(1) Commission Delegated Regulation (EU) No 114/2013( 3) of 6 November 2012 supplementing Regulation (EU) No 510/2011of the European Parliament and of the Council with regard to rules for the application for a derogation from the specific CO₂emissions targets for new light commercial vehicles is amended as follows.

(2) In Article 6(2), for “The Environment Strategy Team, The Department of Transport, Great Minster House, 33 Horseferry Road, Westminster, London SW1P 4DR” substitute “Fleet Average CO2 Emissions, VCA Headquarters, 1 Eastgate Office Centre, Eastgate Road, Bristol, BS5 6XX”.

(3) In Annex 1, for “[email protected]” substitute “[email protected]”.

Amendment of Commission Implementing Regulation (EU) No 293/2012

4.  In Article 10a of Commission Implementing Regulation (EU) No 293/2012( 4) of 3 April 2012 on monitoring and reporting of data on the registration of new light commercial vehicles pursuant to Regulation (EU) No 510/2011of the European Parliament and of the Council, for the words “The Environment Strategy Team” to the end substitute—

“Fleet Average CO2 Emissions,

VCA Headquarters,

1 Eastgate Office Centre,

Eastgate Road,

Bristol,

BS5 6XX

An electronic copy of the notification shall be sent for information to the following email address—

[email protected] ”.

Amendment of Commission Regulation (EU) No 63/2011

5.—(1)  Commission Regulation (EU) No 63/2011( 5) of 26 January 2011 laying down detailed provisions for the application for a derogation from the specific CO₂emission targets pursuant to Article 11 of Regulation (EC) No. 443/2009of the European Parliament and of the Council is amended as follows.

(2) In Article 7(2), for “The Environment Strategy Team, The Department of Transport, Great Minster House, 33 Horseferry Road, Westminster, London SW1P 4DR” substitute “Fleet Average CO2 Emissions, VCA Headquarters, 1 Eastgate Office Centre, Eastgate Road, Bristol, BS5 6XX”.

(3) In Annex 1, for “[email protected]” substitute “[email protected]”.

Amendment of Commission Regulation (EU) No 1014/2010

6.  In Article 9(5) of Commission Regulation (EU) No 1014/2010( 6) of 10 November 2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to Regulation (EC) No 443/2009of the European Parliament and of the Council, for the words “The Environment Strategy Team” to the end substitute—

“Fleet Average CO2 Emissions,

VCA Headquarters,

1 Eastgate Office Centre,

Eastgate Road,

Bristol,

BS5 6XX

An electronic copy of the notification shall be sent for information to the following email address—

[email protected] ”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to retained EU law relating to CO₂emission performance targets for passenger cars and light commercial vehicles (vans).

Regulation 2 amends Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO₂emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009and (EU) No 510/2011, in order to set UK CO₂targets in full for the years 2021-2024 and to provide for the collection of relevant data.

Regulations 3 to 6 amend EU Regulations 114/2013, 293/2012, 63/2011 and 1014/2010 in order to replace relevant contact details.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.