The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Miscellaneous Amendments) Regulations 2021

Statutory Instruments

2021 No. 1242

Road Traffic

Environmental Protection

The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Miscellaneous Amendments) Regulations 2021

Made

4th November 2021

Laid before Parliament

5th November 2021

Coming into force

26th November 2021

The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 7(7) and (8), 10(8), 14(2) and 15(8) of 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(1).

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 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, 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 M₀ in 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 CO₂ 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 CO₂ emissions 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 M₁ 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 CO₂;

(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 CO₂ 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 CO₂ values 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 CO₂ value 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—

“Reference to point 1 of Part A	Detailed data per vehicle registered
(1) 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 United Kingdom registry” whilst in the column “Manufacturer name United Kingdom standard denomination” either of the following shall be indicated: AA-NSS or AA-IVA, as the case may be.
(2) Where a vehicle is equipped with axle tracks of different widths, the maximum axle width shall be reported.
(3) On request from the Secretary of State.”.
(a)	Manufacturer name United Kingdom standard denomination
	Manufacturer name OEM declaration
	Manufacturer name in United Kingdom registry(1)
(b)	Type-approval number and its extension
(c)	Type
	Variant
	Version
(d)	Make and commercial name
(e)	Category of vehicle type-approved
(f)	Mass in running order
(g)	Specific emissions of CO2 (combined)
(h)(2)	Wheel base
	Track width steered axle (Axle 1)
	Track width other axle (Axle 2)
(i)	Fuel type
	Fuel mode
(j)	Engine capacity (cm3)
(k)	Electric energy consumption (Wh/km)
(l)	Code of the eco-innovation(s)
	Total WLTP CO2 emissions savings due to the eco-innovation(s)
(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 available
(s)	Date of first registration
(t)(3)	Road load coefficients	f0, N
		f1, N/(km/h)
		f2, N/(km/h)
(u)(3)	Frontal area (m2)
(v)(3)	Tyre resistance class

(6) In Part A of Annex 3—

(a) for point 1.1 substitute—

“1.1.   Complete vehicles registered as N₁

In the case of EC type-approved complete vehicles registered as N₁, 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 CO₂;

(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;

(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 CO₂ values 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 CO₂ value for petrol.”.

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

“Reference (references are to paragraphs in point 1.1 of Part A unless otherwise specified)	Detailed data per vehicle registered(1)
(1) Where, in the case of multi-stage vehicles, data cannot be provided for the base vehicle, the Secretary of State shall as a minimum collect the data specified in this format for the completed vehicle.
(2) 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 the United Kingdom registry” whilst in the column “Manufacturer name United Kingdom standard denomination” either of the following shall be indicated: “AA-NSS” or “AA-IVA”, as the case may be.
(3) 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.
(4) In the case of multi-stage vehicles, the technically permissible maximum laden mass of the base vehicle shall be indicated.
(5) Where a vehicle is equipped with axle tracks of different widths, the maximum axle width shall be reported.
(6) On request from the Secretary of State.
(7) 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 1 to Directive 2007/46/EC.”.
(a)	Manufacturer name United Kingdom standard denomination(2)
	Manufacturer name OEM declaration COMPLETE VEHICLE / BASE VEHICLE(3)
	Manufacturer name OEM declaration COMPLETED VEHICLE(3)
	Manufacturer name in United Kingdom registry(2)
(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)
(h)	Mass in running order BASE VEHICLE
	Mass in running order COMPLETED VEHICLE / COMPLETE VEHICLE
(i)(4)	Technically permissible maximum laden mass
(j)	Wheel base
	Axle width steered axle (Axle 1)(5)
	Axle width other axle (Axle 2)(5)
(k)	Fuel type
	Fuel mode
(l)	Engine capacity (cm3)
(m)	Electric energy consumption (Wh/km)
(n)	Code of the eco-innovation(s)
	Total WLTP CO2 emissions savings due to the eco-innovation(s)
(o)	Vehicle identification number
(p)	WLTP test mass
(q)	Vehicle family identification number
(r)	Electric range, where available
(s)	Date of first registration
(t)	Maximum net power
(u)(6)	Road load coefficient	f0, N
		f1, N/(km/h)
		f2, N/(km/h)
(v)(6)	Frontal area (m2)
(w)(6)	Tyre rolling resistance class
Point 2.17.2 of Annex 1 to Directive 2007/46/EC(7)	Default added mass (where applicable in the case of multi-stage vehicles)

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 510/2011 of the European Parliament and of the Council with regard to rules for the application for a derogation from the specific CO₂ emissions 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 “[e-mail]” substitute “[e-mail]”.

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 510/2011 of 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—

[e-mail]”.

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 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 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 “[e-mail]” substitute “[e-mail]”.

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 443/2009 of 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—

[e-mail]”.

Signed by authority of the Secretary of State for Transport

Trudy Harrison

Parliamentary Under Secretary of State

Department for Transport

4th November 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to retained EU law relating to CO₂ emission 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 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, in order to set UK CO₂ targets 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.

(1)

EUR 2019/631, amended by S.I. 2020/1418 and S.I. 2021/898.

(2)

EUR 63/2011, amended by S.I. 2019/550.

(3)

EUR 114/2013, amended by S.I. 2019/550 and S.I. 2021/898. 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 (“Regulation (EU) No 510/2011”) (OJ L 145, 31.5.2011, p. 1-18) was repealed by Regulation (EU) 2019/631. Article 18 of Regulation (EU) 2019/631 provides that references to Regulation (EU) No 510/2011 are to be construed as references to Regulation (EU) 2019/631 and to be read in accordance with the correlation table in Annex 5.

(4)

EUR 293/2012, amended by S.I. 2019/550. Relevant provisions of S.I. 2019/550 were amended by S.I. 2020/1418.

(5)

EUR 63/2011, amended by S.I. 2019/550. Regulation (EU) 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 (“Regulation (EU) No 443/2009”) (OJ L 140, 5.6.2009, p. 1–15) was repealed by Regulation (EU) 2019/631. Article 18 of Regulation (EU) 2019/631 provides that references to Regulation (EU) No 443/2009 are to be construed as references to Regulation (EU) 2019/631 and to be read in accordance with the correlation table in Annex 5.

(6)

EUR 1014/2010, amended by S.I. 2019/550. Regulation (EU) 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 (“Regulation (EU) No 443/2009”) (OJ L 140, 5.6.2009, p. 1–15) was repealed by Regulation (EU) 2019/631. Article 18 of Regulation (EU) 2019/631 provides that references to Regulation (EU) No 443/2009 are to be construed as references to Regulation (EU) 2019/631 and to be read in accordance with the correlation table in Annex 5.