The Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019

CHAPTER 2 Amendment of tertiary legislation made pursuant to Regulation (EC) No 443/2009

Amendment of Commission Regulation (EU) No 1014/2010

3.—(1) Commission Regulation (EU) No 1014/2010 of 10 November 2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) In Article 1 after point (5) insert—

“(6) ‘Secretary of State’ includes any person authorised by the Secretary of State to carry out functions under this Regulation, or under Regulation (EC) No 443/2009 of the European Parliament and of the Council, on behalf of the Secretary of State.”.

(3) Omit Article 2.

(4) In Article 3—

(a) in paragraph 1, for “each Member State” substitute “the Secretary of State”,

(b) in paragraph 2, after “year” insert “, or part year in the case of 2019,”,

(c) in paragraph 3—

(i) for “the Member State shall report” insert “the Secretary of State shall treat”,

(ii) after “vehicle” insert “as the manufacturer”,

(d) in paragraph 4, for “reported” substitute “recorded”,

(e) in paragraph 5—

(i) for “In reporting” substitute “When including”,

(ii) for “competent authority shall provide” substitute “Secretary of State shall consider”,

(f) in paragraph 6—

(i) for “competent authority shall report” substitute “Secretary of State shall use”,

(ii) omit point (b) and the text which follows it,

(g) in paragraph 7, for “Member State shall report” substitute “Secretary of State shall use”,

(h) in paragraph 8, for “Member States” substitute “Secretary of State”.

(5) In Article 4—

(a) for “Member States” substitute “Secretary of State”,

(b) for “, verification and transmission” substitute “and verification”.

(6) In Article 5—

(a) in the heading, for “Member States” substitute “Secretary of State”,

(b) in the first paragraph—

(i) for “Member States” substitute “Secretary of State”,

(ii) in point (a), for “Article 5” substitute “Article 5a”,

(c) in the second paragraph, for “reported” substitute “compiled”,

(d) in the third paragraph—

(i) for the words from “a Member State” to “2018” substitute “the Secretary of State shall ensure that”,

(ii) for “reported” substitute “compiled”.

(7) In Article 7—

(a) in paragraph 1—

(i) for “Member States shall inform the Commission of” substitute “the Secretary of State shall calculate”,

(ii) for “their territory” substitute “the United Kingdom”,

(b) in paragraph 2—,

(i) for “Member States” substitute “The Secretary of State”,

(ii) omit “reporting” in both places in which it occurs.

(8) In Article 8—

(a) in paragraph 1—

(i) for “2010” substitute “2019”,

(ii) for “Commission” in each place where it appears substitute “Secretary of State”,

(b) in paragraph 2—

(i) for “competent authority” substitute “Secretary of State”,

(ii) omit “taken from the list that is to be drawn up by the Commission on the basis of the names”,

(iii) for “That list” substitute “A list of those names”,

(iv) for “2010” substitute “2019”.

(9) In Article 9—

(a) in paragraph 1 to 4, for “Commission” in each place where it appears substitute “Secretary of State”,

(b) in paragraph 5—

(i) after “by mail” insert “ or delivered by hand”,

(ii) for the words “European Commission” to the end substitute—

“The Environment Strategy Team,

The Department for Transport,

Great Minster House,

33 Horseferry Road,

Westminster,

London SW1P 4DR.

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

[e-mail]”.

(10) In Article 9a, in paragraph 1 omit “, from 1 January 2018,”.

(11) Omit Article 10.

(12) After Article 10, omit the sentence beginning “This Regulation shall be binding”.

Amendment of Commission Regulation (EU) No 63/2011

4.—(1) Commission Regulation (EU) 63/2011 of 26 January 2011 laying down detailed provisions for the application for a derogation from the specific CO₂ emission targets pursuant to Article 11 of Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) In Article 4, in point (b) of paragraph 1 for “Union” substitute” United Kingdom”.

(3) In Article 5—

(a) in paragraph 1, omit “, unless the average specific CO₂ emissions for that year are listed in Annex IV to this Regulation”,

(b) in paragraph 5, in point (b) of the unnumbered paragraph for “Union” substitute “United Kingdom”.

(4) In Article 6—

(a) in paragraph 1, omit “, unless the average specific CO₂ emissions for that year are listed in Annex IV to this Regulation”,

(b) in paragraph 3, for “Union” substitute “United Kingdom”.

(5) In Article 7—

(a) in the heading, for “Commission” substitute “Secretary of State”,

(b) in paragraph 1, for “Commission” in each place where it appears substitute “Secretary of State”,

(c) in paragraph 2, for “the Secretariat General of the European Commission, 1049 Brussels, Belgium” substitute “The Environment Strategy Team, The Department for Transport, Great Minster House, 33 Horseferry Road, Westminster, London SW1P 4DR”.

(6) Omit Article 8.

(7) Omit Article 9.

(8) After Article 9, omit the sentence beginning “This Regulation shall be binding”.

(9) In Annex 1—

(a) in the text preceding paragraph 1, for “[e-mail]” substitute “[e-mail]”,

(b) in point 2.3, for “Union” substitute “United Kingdom”,

(c) in points 2.3.1, 2.3.2 and 2.3.3, for “EU” in each place where it appears substitute “United Kingdom”,

(d) in point 2.5, for “Union” substitute “United Kingdom”,

(e) in points 2.5.1, 2.5.2 and 2.5.3, for “EU” in each place where it appears substitute “United Kingdom”,

(f) in point 5.1, omit “if not included in Annex IV”,

(g) in point 6, for “Union” substitute “United Kingdom”,

(h) in point 7.3, for “Union” substitute “United Kingdom”,

(i) in points 8.2.1, 8.2.2 and 8.2.3, for “Union” in each place where it appears substitute “United Kingdom”.

(10) In Annex 2—

(a) in point 2.2, for “Union” substitute “United Kingdom”,

(b) in points 2.2.1, 2.2.2 and 2.2.3, for “EU” in each place where it appears substitute “United Kingdom”,

(c) in point 2.3.2, for “Union” substitute “United Kingdom”,

(d) in points 2.3.2 and 2.3.3, for “EU” in both places where it appears substitute “United Kingdom”,

(e) in point 3.1, omit “if not included in Annex IV to this Regulation”,

(f) in point 3.2, in point (a) for “Union” substitute “United Kingdom”,

(g) in point 5, in the heading for “Union” substitute “United Kingdom” and omit “(concerns manufacturers not included in Annex IV)”,

(h) in point 5.3, for “EU” substitute “United Kingdom”.

(11) Omit Annex 4.

Amendment of Commission Implementing Regulation (EU) No 725/2011

5.—(1) Commission Implementing Regulation (EU) No 725/2011 of 25 July 2011 establishing a procedure for the approval and certification of innovative technologies for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) In Article 2 in paragraph 1 omit “covered by the integrated approach referred to in Article 1 of Regulation (EC) No 443/2009”.

(3) In Article 3—

(a) in point (b), for “Union” substitute “United Kingdom”,

(b) in point (d), for “Commission” substitute “Secretary of State”,

(c) in point (e)—

(i) the words from “a category” to “Article 41(6) of that Directive” become paragraph (i),

(ii) at the end of paragraph (i) insert—

“(ii) the Secretary of State; or

(iii) any person designated for this purpose by the Secretary of State”.

(4) In Article 4—

(a) in paragraph 1, and points (c) and (e) of paragraph 2, for “Commission” in each place where it appears substitute “Secretary of State”,

(b) in point (f)(ii) of paragraph 2 omit “as referred to in point (c) of Article 12(2) of Regulation (EC) No 443/2009 and”.

(5) In Article 6, in paragraph 2 for “Commission” substitute “Secretary of State”.

(6) In Article 9(3), in the second subparagraph for “Union” substitute “United Kingdom”.

(7) In Article 10—

(a) for “Commission” in each place where it appears substitute “Secretary of State”,

(b) in paragraph 2, in the second subparagraph omit “, subject to the application of the exceptions to the right to public access to documents specified in Regulation (EC) No 1049/2001”.

(8) In Article 11—

(a) in paragraph 1—

(i) for “an approval authority within the meaning of Directive 2007/46/EC for an EC” substitute “the Secretary of State for a UK”,

(ii) for “Article 6 of Directive 2007/46/EC” substitute “the Road Vehicles (Approval) Regulations 2009(1)”,

(iii) for “Commission” substitute “Secretary of State”,

(b) in paragraph 2, in the first subparagraph for the words “Directive 2007/46/EC” to the end substitute “the Road Vehicles (Approval) Regulations 2009”.

(9) In Article 12, for “Commission” in each place where it appears substitute “Secretary of State”.

(10) In Article 12a—

(a) for “Commission” in each place where it appears substitute “Secretary of State”,

(b) in paragraph 4, in the second subparagraph omit “, subject to the application of the exceptions to the right to public access to documents specified in Regulation (EC) No 1049/2001”.

(11) Omit Article 13.

(12) Omit Article 15.

(13) After Article 15, omit the sentence beginning “This Regulation shall be binding”.

Amendment of Commission Implementing Decision 2013/128/EU

6.—(1) Commission Implementing Decision 2013/128/EU of 13 March 2013 on the approval of the use of light emitting diodes in certain lighting functions of an M1 vehicle as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Amendment of Commission Implementing Decision 2013/341/EU

7.—(1) Commission Implementing Decision 2013/341/EU of 27 June 2013 on the approval of the Valeo Efficient Generation Alternator as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

(3) In the Annex, in paragraph 11 omit the second subparagraph.

Amendment of Commission Implementing Decision 2013/451/EU

8.—(1) Commission Implementing Decision 2013/451/EU of 10 September 2013 on the approval of the Daimler engine compartment encapsulation system as an innovative technology for reducing CO₂ emissions from new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

(3) In the Annex, in paragraph 6 omit the second subparagraph.

Amendment of Commission Implementing Decision 2013/529/EU

9.—(1) Commission Implementing Decision 2013/529/EU of 25 October 2013 on the approval of the Bosch system for navigation-based preconditioning of the battery state of charge for hybrid vehicles as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

(3) In the Annex, in paragraph 5 omit the second subparagraph.

Amendment of Commission Implementing Decision 2014/128/EU

10.—(1) Commission Implementing Decision 2014/128/EU of 10 March 2014 on the approval of the light emitting diodes low beam module ‘E-Light’ as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

(3) In the Annex, in paragraph 5 omit the second subparagraph.

Amendment of Commission Implementing Decision 2014/465/EU

11.—(1) Commission Implementing Decision 2014/465/EU of 16 July 2014 on the approval of the DENSO efficient alternator as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council and amending Commission Implementing Decision 2013/341/EU is amended as follows.

(2) Omit Article 3.

Amendment of Commission Implementing Decision 2014/806/EU

12.—(1) Commission Implementing Decision 2014/806/EU of 18 November 2014 on the approval of the battery charging Webasto solar roof as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Amendment of Commission Implementing Decision (EU) 2015/158

13.—(1) Commission Implementing Decision (EU) 2015/158 of 30 January 2015 on the approval of two Robert Bosch GmbH high efficient alternators as the innovative technologies for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Amendment of Commission Implementing Decision (EU) 2015/206

14.—(1) Commission Implementing Decision (EU) 2015/206 of 9 February 2015 on the approval of the Daimler AG efficient exterior lighting using light emitting diodes as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Amendment of Commission Implementing Decision (EU) 2015/279

15.—(1) Commission Implementing Decision (EU) 2015/279 of 19 February 2015 on the approval of the battery charging Asola solar roof as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Amendment of Commission Implementing Decision (EU) 2015/295

16.—(1) Commission Implementing Decision (EU) 2015/295 of 24 February 2015 on the approval of the MELCO GXi efficient alternator as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Amendment of Commission Implementing Decision (EU) 2015/1132

17.—(1) Commission Implementing Decision (EU) 2015/1132 of 10 July 2015 on the approval of the Porsche AG coasting function as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended a follows.

(2) Omit Article 2.

Amendment of Commission Implementing Decision (EU) 2015/2280

18.—(1) Commission Implementing Decision (EU) 2015/2280 of 7 December 2015 on the approval of the DENSO efficient alternator as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Amendment of Commission Implementing Decision (EU) 2016/160

19.—(1) Commission Implementing Decision (EU) 2016/160 of 5 February 2016 on the approval of the Toyota Motor Europe efficient exterior lighting using light emitting diodes as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Amendment of Commission Implementing Decision (EU) 2016/265

20.—(1) Commission Implementing Decision (EU) 2016/265 of 25 February 2016 on the approval of the MELCO Motor Generator as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Amendment of Commission Implementing Decision (EU) 2016/362

21.—(1) Commission Implementing Decision (EU) 2016/362 of 11 March 2016 on the approval of the MAHLE Behr GmbH & Co. KG enthalpy storage tank as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Amendment of Commission Implementing Decision (EU) 2016/587

22.—(1) Commission Implementing Decision (EU) 2016/587 of 14 April 2016 on the approval of the technology used in efficient vehicle exterior lighting using light emitting diodes as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 5.

Amendment of Commission Implementing Decision (EU) 2016/588

23.—(1) Commission Implementing Decision (EU) 2016/588 of 14 April 2016 on the approval of the technology used in 12 Volt efficient alternators as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 5.

Amendment of Commission Implementing Decision (EU) 2016/1721

24.—(1) Commission Implementing Decision (EU) 2016/1721 of 26 September 2016 on the approval of the Toyota efficient exterior lighting using light emitting diodes for the use in non-externally chargeable hybrid electrified vehicles as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 2.

Amendment of Commission Implementing Decision (EU) 2016/1926

25.—(1) Commission Implementing Decision (EU) 2016/1926 of 3 November 2016 on the approval of the battery-charging photovoltaic roof as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 5.

(3) In the Annex, in paragraph 4 omit footnote (3).

Amendment of Commission Implementing Decision (EU) 2017/785

26.—(1) Commission Implementing Decision (EU) 2017/785 of 5 May 2017 on the approval of efficient 12 V motor-generators for use in conventional combustion engine powered passenger cars as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 6.

Amendment of Commission Implementing Decision (EU) 2017/1402

27.—(1) Commission Implementing Decision (EU) 2017/1402 of 28 July 2017 on the approval of the BMW AG engine idle coasting function as an innovative technology for reducing CO₂ emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council is amended as follows.

(2) Omit Article 5.

(1)

S.I. 2009/717, as amended by S.I. 2011/1043 and 1946, 2013/602, and 2018/235, 236, 673 and 984.