Commission Implementing Decision 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 (Text with EEA relevance) (2013/128/EU)

Commission Implementing Decision

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

(Text with EEA relevance)

(2013/128/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) 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(1), and in particular Article 12(4) thereof,

Whereas:

(1) The manufacturer AUDI AG (the ‘Applicant’) submitted an application for the approval of an innovative technology on 29 August 2012. The completeness of the application was assessed in accordance with Article 4 of 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(2). The Commission identified certain relevant information as missing in the original application and requested the Applicant to complete it. The Applicant provided the required information on 25 October 2012. The application was found to be complete and the period for the Commission’s assessment of the application started on the day following the date of official receipt of the complete information, i.e. 26 October 2012.

(2) The application has been assessed in accordance with Article 12 of Regulation (EC) No 443/2009, Implementing Regulation (EU) No 725/2011 and the Technical Guidelines for the preparation of applications for the approval of innovative technologies pursuant to Regulation (EC) No 443/2009(3).

(3) The application refers to the use of light emitting diodes (LEDs) in the low beam headlamp, the high beam headlamp, and the licence plate lamp of an M1 vehicle.

(4) The Commission finds that the information provided in the application demonstrates that the conditions and criteria referred to in Article 12 of Regulation (EC) No 443/2009 and in Articles 2 and 4 of Implementing Regulation (EU) No 725/2011 have been met.

(5) The Applicant has demonstrated that the use of LEDs in the low beam headlamp, the high beam headlamp, and the licence plate lamp did not exceed 3 % of the new passenger cars registered in the reference year 2009. In support of this the Applicant provided data on the percentage of installed LEDs in different lighting functions in the AUDI A6 model, in M1 vehicles produced by Volkswagen AG and production data from the European Association of Automotive suppliers (CLEPA). On that basis, the Commission finds that the use of LEDs in the low beam headlamp, the high beam headlamp, and the licence plate lamp should be considered eligible for approval as an innovative technology within the meaning of Article 12 of Regulation (EC) No 443/2009.

(6) The definition of the baseline technology is essential for the determination of the CO₂ savings from the innovative technology. That definition should therefore be justified and be based on relevant data. The Applicant has provided data in support of halogen lighting as the technology with the highest market penetration in 2009. The Commission notes that although other, more energy efficient, lighting technologies may have been in use within a limited segment of the car fleet, it is acknowledged that halogen lighting had the highest market penetration for the fleet as a whole. As a consequence, and for the purpose of ensuring that the testing methodology may be relevant and representative for the vehicle fleet as a whole, it is appropriate to consider halogen lighting as baseline technology.

(7) The Applicant has provided a methodology for testing the CO₂ reductions from the use of the LEDs in the lighting functions concerned. The Commission finds that the methodology provides accurate and reliable results that are reproducible by a third party.

(8) The Commission finds that the Applicant has demonstrated satisfactorily that, for the vehicles on which the innovative technology was tested using the described methodology, the emission reduction achieved by the innovative technology is at least 1 g CO₂/km.

(9) Since the activation of the lighting in the low beam headlamp, the high beam headlamp, and the licence plate lamp is not required for the CO₂ emissions type approval test referred to in Regulation (EC) No 715/2007 of the European Parliament and of the Council(4) and Commission Regulation (EC) No 692/2008(5), the Commission is satisfied that the lighting functions in question are not covered by the standard test cycle.

(10) The activation of the lighting functions concerned is mandatory to ensure the safe operation of the vehicle and as a consequence not dependant on the choice of the driver. On that basis the Commission finds that the manufacturer should be considered accountable for the CO₂ emission reduction due to the use of the LEDs.

(11) The verification report has been prepared by an independent and certified body and it supports the findings and tests performed.

(12) Against that background, the Commission finds that no objections should be raised as regards the approval of the innovative technology in question.

(13) Any manufacturer wishing to benefit from a reduction of its average specific CO₂ emissions for the purpose of meeting its specific emissions target by means of the CO₂ savings from the use of LEDs in the lighting functions concerned, should in accordance with Article 11(1) of Implementing Regulation (EU) No 725/2011, refer to this Decision in its application for an EC type-approval certificate for the vehicles concerned,

HAS ADOPTED THIS DECISION:

(1)

OJ L 140, 5.6.2009, p. 1.

(2)

OJ L 194, 26.7.2011, p. 19.

(3)

http://ec.europa.eu/clima/policies/transport/vehicles/cars/docs/guidelines_en.pdf (version of July 2011).

(4)

OJ L 171, 29.6.2007, p. 1.

(5)

OJ L 199, 28.7.2008, p. 1.