The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022

PART 2 Cars and vans

CHAPTER 1 Regulation (EU) 2019/631

Amendments to Regulation (EU) 2019/631

3.—(1) Regulation (EU) 2019/631 is amended as follows.

(2) In Article 1(2) (subject matter and objectives), at the end insert “as it has effect in domestic law(1), and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol(2)”.

(3) In Article 2 (scope)—

(a) in paragraph 1—

(i) in point (a), for “Annex II to Directive 2007/46/EC (‘passenger cars’)” substitute “Article 4 of Regulation (EU) 2018/858(3), as it has effect in domestic law (in respect of vehicles with GB type-approval) or, where relevant, Article 4 of Regulation (EU) 2018/858(4) as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval) (‘passenger cars’),”;

(ii) in point (b)—

(aa) for “Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858, as it has effect in domestic law (in respect of vehicles with GB type-approval) or, where relevant, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval),”;

(bb) after “Article 2(2) of Regulation (EC) No 715/2007” insert “as it has effect in domestic law(5) (in respect of vehicles with GB type-approval) or, where relevant, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol(6) (in respect of vehicles with UK (NI) type-approval or EU type-approval)”;

(cc) for “Directive 2007/46/EC and Regulation (EC) No 715/2007” substitute “Regulation (EU) 2018/858 and Regulation (EC) No 715/2007, as those Regulations have effect in domestic law (in respect of vehicles with GB type-approval) and, where relevant, as those Regulations have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval)”;

(b) for paragraph 3 substitute—

“3.   This Regulation does not apply to special purpose vehicles as defined in:

(a) point 5 of Part A of Annex 1 to Regulation (EU) 2018/858, as that Regulation has effect in domestic law, in the case of vehicles with GB type-approval; or

(b) point 5 of Part A of Annex 1 to Regulation (EU) 2018/858, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, in the case of vehicles with UK (NI) type-approval or EU type-approval.”.

(4) In Article 3(1) (definitions)—

(a) in point (b), for “Article 18 of Directive 2007/46/EC” substitute “Articles 36 and 37 of Regulation (EU) 2018/858, as it has effect in domestic law, or as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”;

(b) in points (c) and (d), for “Directive 2007/46/EC”, both times it occurs, substitute “Regulation (EU) 2018/858, as it has effect in domestic law, or as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”;

(c) for point (f) substitute—

“(f) “manufacturer” means the person or body responsible to the relevant approval authority for all aspects of:

(i) the GB type-approval procedure, the UK (NI) type-approval procedure or the EU type-approval procedure; and

(ii) for ensuring conformity of production.”;

(d) in point (g), for “Annex I to Directive 2007/46/EC” substitute “Annex 1 to Commission Implementing Regulation (EU) 2020/683, as it has effect in domestic law(7), or, as the case may be, in point 2.6 of Annex 1 to Commission Implementing Regulation (EU) 2020/683 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol(8)”;

(e) in point (h)—

(i) after “Regulation (EC) No 715/2007 and its implementing Regulations” insert “, as that Regulation and its implementing Regulations have effect in domestic law or, as the case may be, as that Regulation and its implementing Regulations have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,”;

(ii) after “not type-approved in accordance with Regulation (EC) No 715/2007,” insert “as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,”;

(iii) after “pursuant to Regulation (EC) No 715/2007,” insert “as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,”;

(iv) after “Regulation (EU) 2017/1151,” insert “as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,”;

(f) in point (i), for “Annex I to Directive 2007/46/EC” substitute “Annex 1 to Commission Implementing Regulation (EU) 2020/683, as it has effect in domestic law or, as the case may be, points 2.1 and 2.3 of Annex 1 to Commission Implementing Regulation (EU) 2020/683 as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”;

(g) in point (l), after “Regulation (EU) 2017/1151” insert “, as it has effect in domestic law or, as the case may be, point 3.2.25 of Annex 11 to Regulation (EU) 2017/1151 as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”;

(h) in point (m), after “Regulation (EU) 2017/1151” insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”;

(i) in point (n), for “Annex II to Directive 2007/46/EC” substitute “Article 2 of Commission Regulation (EU) 1230/2012(9) or, as the case may be, paragraph 1.6 of Section A of Part 2 of Annex 8 to Regulation (EU) 2021/535(10), as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,”;

(j) after point (p) insert—

“(q) “GB type-approval” means the procedure whereby the approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements of Regulation (EU) 2018/858, and “GB type-approved” is to be construed accordingly;

(r) “UK (NI) type-approval” means an EU type-approval granted by the Secretary of State in respect of Northern Ireland in accordance with Regulation (EU) 2018/858, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, and “UK (NI) type-approved” is to be construed accordingly;

(s) “EU type-approval” means the procedure whereby an approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements of Regulation (EU) 2018/858, as it has effect in EU law as amended from time to time, and “EU type-approved” is to be construed accordingly;

(t) “approval authority” means the authority or authorities with competence for all aspects of the type-approval of a vehicle, system, component or separate technical unit, or of the individual vehicle approval, for the authorisation process for parts and equipment, for issuing and, if appropriate, for withdrawing or refusing type-approval certificates, for designating the technical services, and for ensuring that the manufacturer meets its obligations regarding the conformity of production;

(u) “type-approval certificate” means the document whereby the approval authority officially certifies that a type of vehicle, system, component or separate technical unit is type-approved;

(v) “the Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.”.

(5) In Article 7 (monitoring and reporting of average emissions)—

(a) in paragraph 1, after “Regulation (EC) No 715/2007” insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,”;

(b) in paragraph 11—

(i) for “Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”;

(ii) after “Article 2(2) of Regulation (EC) No 715/2007” insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”.

(6) In Article 10(4) (derogations for certain manufacturers), in point (c), after “Regulation (EU) 2017/1151” insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”.

(7) In Article 12 (real-world CO2 emissions and fuel or energy consumption)—

(a) in paragraph 1, after “Regulation (EC) No 715/2007” insert “, as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”;

(b) in paragraph 3, after “Regulation (EC) No 715/2007” insert “, as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,”.

(8) In Article 13 (verification of the CO2 emissions of vehicles in-service)—

(a) in paragraph 1, after “Regulation (EU) 2017/1151” insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”;

(b) in paragraph 2, after “Regulation (EU) 2017/1151” insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,”;

(c) in paragraph 3, after “Chapter XI of Regulation (EU) 2018/858,” insert “as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time or by virtue of the Northern Ireland Protocol,”.

(9) In Article 15 (review and report)—

(a) in paragraph 2, after “Regulation (EC) 715/2007” insert “, as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”;

(b) in paragraph 7, for the words from “Regulations (EC) No 715/2007” to the end, substitute “Regulation (EC) No 715/2007 and, where applicable, Commission Regulation (EU) 2017/1151, as those Regulations have effect in domestic law, and as those Regulations have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”.

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

(a) in point 3—

(i) after “Annex XXI to Regulation (EU) 2017/1151” insert “, as it had effect in EU law immediately before IP completion day,”;

(ii) after “Implementing Regulation (EU) 2017/1153” insert “, as it had effect in EU law immediately before IP completion day(11),”;

(b) in point 5, in point (a), for “NEDCCO2 is WLTPCO2 as defined in point 3” substitute “NEDCCO2 is NEDCCO2 as defined in point 3”;

(c) in point 6.0, after “Article 7a of Implementing Regulation (EU) 2017/1153” insert “, as it had effect in EU law immediately before IP completion day”.

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

(a) in point 3—

(i) after “Annex XXI to Regulation (EU) 2017/1151” insert “, as it had effect in EU law immediately before IP completion day,”;

(ii) after “Implementing Regulation (EU) 2017/1152,” insert “as it had effect in EU law immediately before IP completion day(12),”;

(b) in point 6.0, after “Article 7a of Implementing Regulation (EU) 2017/1152” insert “, as it had effect in EU law immediately before IP completion day”.

(12) In Part A of Annex 2 (collection of data on new passenger cars and determination of CO2 emissions monitoring information)—

(a) in point 3(a), for “EC type-approval” substitute “GB type-approval, UK (NI) type-approval and EU type-approval”;

(b) in point 3(c), before “national type-approval of small series” insert “GB type-approval of small series and”;

(13) In Section 1 of Part B of Annex 2 (aggregated monitoring data), in the first column of the table—

(a) for “EC type-approval” substitute “GB type-approval, UK (NI) type-approval and EU type-approval”;

(b) before “national type-approval of small series” insert “GB type-approval of small series and”.

(14) In Section 2 of Part B of Annex 2 (detailed monitoring data – one vehicle record), in note (1), for “In the case of national type-approval of small series (NSS) or individual approval (IVA),” substitute “In the case of GB type-approval of small series or national type-approval of small series (both to be labelled as NSS), or individual approval (IVA),”.

(15) In Part A of Annex 3 (collection of data on new light commercial vehicles and determination of CO2 emissions monitoring information)—

(a) in point 1.1—

(i) in the words before point (a), for “EC type-approved” substitute “GB type-approved, UK (NI) type-approved and EU type-approved”;

(ii) in point (q), at the end insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”;

(b) in point 1.2.1.2, after “Annex XXI to Regulation (EU) 2017/1151” insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”;

(c) in point 1.2.2, after “Annex XXI to Regulation (EU) 2017/1151”, both times it occurs, insert “(as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol)”;

(d) in point 1.2.4—

(i) after “Annex XXI of Regulation (EU) 2017/1151”, each time it occurs, insert “(as it has effect in domestic law and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol)”;

(ii) for “EC type-approval” substitute “GB type-approval, UK (NI) type-approval or EU type-approval”;

(iii) in the key to Formula 2, after “Section 5 of Annex XII to Regulation (EC) No 692/2008” insert “, as it had effect in EU law immediately before IP completion day(13)”;

(e) in point 3—

(i) in point (a), for “EC type-approval” substitute “GB type-approval, UK (NI) type-approval and EU type-approval”;

(ii) in point (d), before “national type-approval of small series” insert “GB type-approval of small series and”.

(16) In Part B of Annex 3 (methodology for determining CO2 monitoring information for new light commercial vehicles), in paragraph 1—

(a) for “EC type-approval” substitute “type-approval (that being the total number of vehicles subject to GB type-approval, UK (NI) type-approval and EU type-approval)”;

(b) before “and national type-approval of small series” insert “, GB type-approval of small series”.

(17) In Part C of Annex 3 (formats for transmission of data)—

(a) in Section 1, in the table entitled “aggregated monitoring data”—

(i) for “EC type-approval” substitute “GB type-approval, UK (NI) type-approval and EU type-approval”;

(ii) before “national type-approval of small series” insert “GB type-approval of small series and”;

(b) in Section 2—

(i) in the table entitled “detailed monitoring data — one vehicle record”, omit the row after row (w);

(ii) in note (2), for “In the case of national type-approval of small series (NSS) or individual approval (IVA),” substitute “In the case of GB type-approval of small series or national type-approval of small series (both to be labelled as NSS), or individual approval (IVA),”.

CHAPTER 2 Tertiary legislation made pursuant to Regulation (EU) 2019/631

Amendments to Commission Regulation (EU) 1014/2010

4.—(1) Commission Regulation (EU) 1014/2010 is amended as follows.

(2) In Article 1 (definitions)—

(a) in point (1), for “including the data specified in the third column of the table set out in Annex I to this Regulation” substitute “containing the data in point 1 of Part A of Annex 2 to Regulation (EU) 2019/631”;

(b) in point (4), for “Article 3(18) of Directive 2007/46/EC” substitute “Article 3(24) of Regulation (EU) 2018/858, as it has effect in domestic law and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”;

(c) in point (5), for “Article 2 of Commission Regulation (EC) No 692/2008” substitute “Article 2 of Regulation (EU) 2017/1151, as it has effect in domestic law and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”.

(3) In Article 3 (data sources)—

(a) in paragraph 1, for “Annex III and Annex VIII” to the end, substitute “Annex 2 and Annex 6 of Commission Implementing Regulation (EU) 2020/683, as it has effect in domestic law and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol.”;

(b) in paragraph 5, for “Annex I to this Regulation” substitute “point 1 of Part A of Annex 2 to Regulation (EU) 2019/631”.

(4) In Article 7 (vehicles not covered by EC type-approval)—

(a) in the heading, for “EC type-approval” substitute “GB, UK (NI) or EU type-approval”;

(b) in paragraph 1—

(i) before “national type-approval of small series” insert “GB type-approval of small series or”;

(ii) for “Article 23 of Directive 2007/46/EC” substitute “Article 42 of Regulation (EU) 2018/858, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,”;

(iii) for “Article 24 of that Directive” substitute “Article 45 of Regulation (EU) 2018/858 as it has effect in domestic law or, as the case may be, in accordance with Articles 44 and 45 of Regulation (EU) 2018/858, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”;

(c) in paragraph 2, in point (b), for “vehicle types approved nationally in small series” substitute “vehicles with GB type-approval of small series or national type-approval of small series”.

(5) In Article 8 (list of manufacturers), in paragraph 1, for “Directive 76/114/EEC” substitute “Commission Regulation (EU) No 19/2011(14), as it has effect in domestic law, or Regulation (EU) 2021/535, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,”.

(6) For the table in Annex 1 (data sources) substitute “The relevant data sources are those set out in point 1 of Part A of Annex 2 to Regulation (EU) 2019/631.”.

Amendments to Commission Regulation (EU) No 63/2011

5.—(1) Commission Regulation (EU) No 63/2011 is amended as follows.

(2) In Article 6 (reduction target for a derogation pursuant to Article 11(4) of Regulation (EC) No 443/2009), in paragraph 4, for “25%” substitute “45%”.

(3) In point 4 of Annex 2, for “25%” substitute “45%”.

(4) In the heading to Annex 5, for “25%” substitute “45%”.

Amendments to Commission Implementing Regulation (EU) 725/2011

6.—(1) Commission Implementing Regulation (EU) 725/2011 is amended as follows.

(2) In Article 2 (scope)—

(a) in paragraph 1—

(i) in points (b) and (d), for “Regulation (EC) No 661/2009” substitute “Regulation (EC) No 661/2009(15), in the case of vehicles with GB type-approval, and Regulation (EU) 2019/2144(16), as it has effect in EU law as amended from time to time, in the case of vehicles with UK (NI) type-approval or EU type-approval”;

(ii) in point (c), for “Regulations (EC) 661/2009 and (EC) No 1222/2009” substitute “Regulation (EC) No 661/2009 and Regulation (EC) No 1222/2009(17), in the case of vehicles with GB type-approval, and Regulation (EU) 2019/2144 and Regulation (EU) 2020/740(18), as those Regulations have effect in EU law as amended from time to time, in the case of vehicles with UK (NI) type-approval or EU type-approval”;

(b) in paragraph 2, in point (b), for “Directive 2007/46/EC” substitute “Regulation (EU) 2018/858, as it has effect in domestic law, or as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”;

(c) in paragraph 3, in point (b), after “Regulation (EU) 2017/1151” insert “(as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol)”.

(3) In Article 3 (definitions), in point (e)(i), for “points (a) and (b) of Article 41(3)” to the end, substitute “points (a) and (b) of Article 68(1) of Regulation (EU) 2018/858 (as it has effect in domestic law, or as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol) meeting the requirements set out in Article 73 of that Regulation, with the exception of technical services designated in accordance with Article 72(1) of that Regulation”.

(4) In Article 5 (baseline and eco-innovation), in paragraph 3, after “second subparagraph of point 1.2.3.1 of sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151,” insert “as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,”.

(5) In Article 11 (certification of CO2 savings from eco-innovations), in paragraph 1, for “an EC type-approval certificate” substitute “a GB type-approval certificate (the document whereby the approval authority officially certifies that a type of vehicle, system, component or separate technical unit is type-approved)”.

Amendments to Commission Implementing Regulation (EU) 293/2012

7.—(1) Commission Implementing Regulation (EU) 293/2012 is amended as follows.

(2) In Article 2 (definitions)—

(a) in the words before point (1), for “Article 2 of Commission Regulation (EC) 692/2008” substitute “Article 2 of Regulation (EU) 2017/1151, as it has effect in domestic law and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,”;

(b) in point (1), for “including the data specified in the third column of the table set out in Annex I to this Regulation” substitute “containing the data set out in point 1.1 of Part A of Annex 3 to Regulation (EU) 2019/631”;

(3) In Article 4 (data sources)—

(a) in paragraph 1, for “the table in Annex I to this Regulation” substitute “point 1.1 of Part A of Annex 3 to Regulation (EU) 2019/631”;

(b) in paragraph 6, for “Annex I to this Regulation” substitute “point 1.1 of Part A of Annex 3 to Regulation (EU) 2019/631”;

(c) in paragraph 10, at the end insert “, as it has effect in domestic law, and as it had effect in EU law immediately before IP completion day”.

(4) In Article 8 (vehicles not covered by EC type-approval)—

(a) in the heading, for “EC type-approval” substitute “GB, UK (NI) or EU type-approval”;

(b) in the first paragraph—

(i) before “national type-approval of small series” insert “GB type-approval of small series and”;

(ii) for “Article 23 of Directive 2007/46/EC” substitute “Article 42 of Regulation (EU) 2018/858, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,”;

(iii) for “Article 24 of that Directive,” substitute “Article 45 of Regulation (EU) 2018/858, as it has effect in domestic law or, as the case may be, Articles 44 and 45 of Regulation (EU) 2018/858, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,”;

(c) in the second paragraph—

(i) for “Manufacturer name EU standard denomination” substitute “Manufacturer name UK standard denomination”;

(ii) in point (b), for “vehicle types approved nationally in small series” substitute “vehicles with GB type-approval of small series or national type-approval of small series”.

(5) In Article 10 (additional information to be provided by manufacturers), in paragraph 3—

(a) for “point 1a.1 of Part A of Annex II to Regulation (EU) No 510/2011” substitute “point 1.2.3 of Part A of Annex 3 to Regulation (EU) 2019/631”;

(b) for “point 1c. of Part A of Annex II to that Regulation” substitute “point 1.2.2 of Part A of Annex 3 to Regulation (EU) 2019/631”.

(6) In Article 10a (notification of errors by manufacturers), in paragraph 1, for “EC type approval” substitute “GB type-approval, UK (NI) type-approval or EU type-approval”.

(7) For the table in Annex 1 (data sources) substitute “The relevant data parameters are those set out in point 1.1 of Part A of Annex 3 to Regulation (EU) 2019/631.”.

Amendments to Commission Delegated Regulation (EU) No 114/2013

8.—(1) Commission Delegated Regulation (EU) No 114/2013 is amended as follows.

(2) In Article 6, in paragraph 1, for “Commission”, each time it occurs, substitute “Secretary of State”.

Amendments to Commission Implementing Regulation (EU) 427/2014

9.—(1) Commission Implementing Regulation (EU) 427/2014 is amended as follows.

(2) In Article 2 (scope)—

(a) in paragraph 1—

(i) in points (b) and (d), for “Regulation (EC) No 661/2009” substitute “Regulation (EC) No 661/2009, in the case of vehicles with GB type-approval, or Regulation (EU) 2019/2144 as it has effect in EU law as amended from time to time, in the case of vehicles with UK (NI) type-approval or EU type-approval”;

(ii) in point (c), for “Regulation (EC) No 661/2009 and of Regulation (EC) No 1222/2009” substitute “Regulation (EC) No 661/2009 and Regulation (EC) No 1222/2009, in the case of vehicles with GB type-approval, or Regulation (EU) 2019/2144 and Regulation (EU) 2020/740 as they have effect in EU law as amended from time to time, in the case of vehicles with UK (NI) type-approval or EU type-approval”;

(b) in paragraph 2, in point (b), at the end insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol”;

(c) in paragraph 3, for “EC type-approved” substitute “GB type-approved”;

(d) in paragraph 4, in point (b), after “Commission Regulation (EU) 2017/1151” insert “(as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol)”.

(3) In Article 3 (definitions), in point (5)(a), for “Article 41(3)(a) and (b)” to the end substitute “Article 68(1)(a) and (b) of Regulation (EU) 2018/858 (as it has effect in domestic law, or as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol) meeting the requirements set out in Article 73 of that Regulation with the exception of technical services designated in accordance with Article 72(1) of that Regulation”.

(4) In Article 5 (baseline and eco-innovation), in paragraph 4, after “second subparagraph of point 1.2.3.1 of sub-Annex 6 or point 3.2.3.1 of sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151,” insert “as it has effect in domestic law, or as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,”.

(5) In Article 11 (certification of CO2 savings from eco-innovations), in paragraph 1, for “an EC type-approval certificate” substitute “a GB type-approval certificate”.

Commission Implementing Regulation (EU) 2017/1152

10.—(1) Commission Implementing Regulation (EU) 2017/1152 is amended as follows.

(2) In Article 2 (definitions), at the beginning, insert—

“In this Regulation and its Annexes, any reference to a Regulation originating from the EU is to be read—

(a) where it relates to a calculation made or action taken before IP completion day, or otherwise to any period before IP completion day, as a reference to that Regulation as it had effect in EU law immediately before IP completion day;

(b) where it relates to a calculation made or action taken on or after IP completion day, or otherwise to any period after IP completion day, as a reference to that Regulation as it has effect in domestic law (for vehicles with GB type-approval) or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (for vehicles with UK (NI) type-approval or EU type-approval).”

Commission Implementing Regulation (EU) 2017/1153

11.—(1) Commission Implementing Regulation (EU) 2017/1153 is amended as follows.

(2) In Article 2 (definitions), at the beginning, insert—

“In this Regulation and its Annexes, any reference to a Regulation originating from the EU is to be read—

(a) where it relates to a calculation made or action taken before IP completion day, or otherwise to any period before IP completion day, as a reference to that Regulation as it had effect in EU law immediately before IP completion day;

(b) where it relates to a calculation made or action taken on or after IP completion day, or otherwise to any period after IP completion day, as a reference to that Regulation as it has effect in domestic law (for vehicles with GB type-approval) or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (for vehicles with UK (NI) type-approval or EU type-approval).”

Amendments to Commission Implementing Decision 2020/1339

12.—(1) Commission Implementing Decision 2020/1339 is amended as follows.

(2) In Article 1 (innovative technology), in the words before point (a), after “paragraph 1.1.4 of Appendix 2 to Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151” insert “, as that Regulation applies in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,”.

(3) In Article 3 (certification of CO2 savings), in paragraph 5, omit “and shall make that information available” to the end.

(4) Omit Article 5 (entry into force).

Revocation of Commission Implementing Decision 2020/1714

13.  Commission Implementing Decision 2020/1714 is revoked.

Revocation of Commission Implementing Decision 2020/1806

14.  Commission Implementing Decision 2020/1806 is revoked.

(1)

EUR 2017/1151, amended by S.I. 2022/1273.

(2)

OJ No. L 175, 07.07.2017, p. 1; amended by Commission Regulation (EU) 2017/1154, 2017/1347 and 2018/1832.

(3)

EUR 2018/858, amended by S.I. 2019/648, 2020/818 and 2022/1273.

(4)

OJ No. L 151, 14.06.2018, p. 1; amended by Regulation (EU) 2019/2144 and Commission Delegated Regulation (EU) 2021/1445.

(5)

EUR 2007/715.

(6)

OJ No. L 171, 29.06.2007, p. 1; amended by Commission Regulation (EC) No 692/2008, Regulation (EC) No 595/2009, Commission Regulation (EU) No 566/2011, No 459/2012, and Regulation (EU) 2018/858.

(7)

EUR 2020/683, amended by S.I. 2022/1273.

(8)

OJ No. L 163, 26.05.2020, p. 1; amended by Commission Implementing Regulation (EU) 2022/195, 2022/799, 2022/1177 and 2022/1362.

(9)

EUR 2012/1230, amended by S.I. 2019/648 and 2022/1273.

(10)

OJ No. L 117, 06.04.2021, p. 1.

(11)

OJ No. L 175, 07.07.2017, p. 679; amended by Commission Implementing Regulation (EU) 2017/1231, 2018/1002, 2018/2043 and 2019/1840.

(12)

OJ No. L 175, 07.07.2017, p. 644; amended by Commission Implementing Regulation (EU) 2018/1003, 2018/2042 and 2019/1839.

(13)

OJ No. L 199, 28.7.2008, p. 1; amended by Commission Regulation (EU) No 566/2011, No 459/2012, No 630/2012, No 143/2013, No 171/2013, No 195/2013, No 519/2013, No 136/2014, 2015/45, 2016/427, 2016/646, 2017/1151, 2017/1221, and 2018/1832.

(14)

EUR 2011/19, amended by S.I. 2022/1273.

(15)

EUR 2009/661.

(16)

OJ No. L 325, 16.12.2019, p. 1; amended by Commission Delegated Regulation (EU) 2021/1243, 2021/1341, 2021/1958, 2022/545 and 2022/1398.

(17)

EUR 2009/1222, amended by S.I. 2020/1509.

(18)

OJ No. L 177, 05.06.2020, p. 1.