Commission Implementing Decision (EU) 2020/1339Show full title

Commission Implementing Decision (EU) 2020/1339

of 23 September 2020

on the approval pursuant to Regulation (EU) 2019/631 of the European Parliament and of the Council of efficient vehicle exterior lighting using light emitting diodes as an innovative technology for reducing CO₂ emissions from certain light commercial vehicles in relation to the Worldwide Harmonised Light Vehicle Test Procedure

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to 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), and in particular Article 11(4) thereof,

Whereas:

(1) On 19 December 2019, the manufacturers Toyota Motor Europe NV/SA, Opel Automobile GmbH-PSA, FCA Italy S.p.A., Automobiles Citroën, Automobiles Peugeot, PSA Automobiles SA, Audi AG, Ford-Werke GmbH, Jaguar Land Rover Ltd., Hyundai Motor Europe Technical Center GmbH, Škoda Auto a.s., BMW AG, Renault SA, Honda Motor Europe Ltd, Volkswagen AG and Volkswagen AG Nutzfahrzeuge submitted a joint application (‘the application’) in accordance with Article 11 of Regulation (EU) 2019/631 for the approval of efficient vehicle exterior lighting using light emitting diodes (‘efficient exterior LED light’) as an innovative technology for reducing CO₂ emissions from internal combustion engine powered light commercial vehicles capable of running on petrol, diesel and certain alternative fuels.

(2) On 20 February 2020, Renault SA, on behalf of the applicants, submitted an additional application concerning the use of the technology in certain not-off vehicle charging hybrid electric vehicles (‘NOVC-HEV’) of category N₁. Considering that the additional application refers to the same innovative technology and that the same conditions apply for its use in the vehicle categories concerned, it is appropriate to address both the application and the additional application in one decision.

(3) The application refers to CO₂ emission savings that cannot be demonstrated by measurements performed in accordance with World Harmonised Light Vehicles Test Procedure (‘WLTP’) as set out in Commission Regulation (EU) 2017/1151(2).

(4) The application has been assessed in accordance with Article 11 of Regulation (EU) 2019/631, Commission Implementing Regulation (EU) No 427/2014(3) as well as with the ‘Technical Guidelines for the preparation of applications for the approval of innovative technologies pursuant to Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011’ (July 2018 Revision (V2))(4). In accordance with Article 11(3) of Regulation (EU) 2019/631, the application was accompanied by verification reports undertaken by an independent and certified body.

(5) The use of certain efficient exterior LED lights has already been approved for passenger cars by Commission Implementing Decisions 2014/128/EU(5), (EU) 2015/206(6), (EU) 2016/160(7) and (EU) 2016/587(8) referring to the New European Driving Cycle (NEDC) and by Commission Implementing Decision (EU) 2019/1119(9) referring to the WLTP (‘past approval Implementing Decisions’) as an innovative technology capable of reducing CO₂ emissions in a way that is not covered by the measurements performed as part of the NEDC, respectively the WLTP.

(6) Based on the experience gained from the past approval Implementing Decisions as well as on the reports and information provided with the application, it has been satisfactorily and conclusively demonstrated that an efficient exterior LED light or appropriate combinations thereof meet the eligibility criteria referred to in Article 11 of Regulation (EU) 2019/631 and Implementing Regulation (EU) No 427/2014 and provide a reduction in CO₂ emissions of at least 0,5 g CO₂/km as compared to the same set of baseline exterior lights.

(7) In addition to the exterior vehicle lighting for which the use of efficient LED lights has already been approved as an innovative technology in the past approval Implementing Decisions, the application also refers to end-outline marker and side marker lights. As those lights are not turned on during the measurements performed as part of the WLTP test, it is also appropriate to approve the use of efficient exterior LED lights in those lights.

(8) The application sets out a methodology for determining the CO₂ savings from the use of efficient exterior LED lights in a range of vehicle lights for use in light commercial vehicles powered by internal combustion engines as well as in certain NOVC-HEVs of category N₁ that are capable of running on petrol, diesel, liquefied petroleum gas (LPG), compressed natural gas (CNG) or E85.

(9) In view of the limited availability of E85 on the Union market as a whole, it is not considered justified to distinguish this fuel from petrol for the purpose of the testing methodology.

(10) The applicants have provided studies supporting that the usage patterns of light commercial vehicles and of passenger cars, with regard to the use of exterior vehicle lighting, are sufficiently similar to allow the methodology set out in Implementing Decision (EU) 2019/1119 to be applied also for light commercial vehicles.

(11) With regard to the cornering lamps and static bending lamps, the applicants have, however, proposed to include specific usage factors that are different from those included in the methodology set out in Implementing Decision (EU) 2019/1119. The usage factors proposed by the applicants for those lights can be considered more conservative than those set out in Implementing Decision (EU) 2019/1119 and it is therefore considered appropriate to include those new usage factors in the testing methodology in this Decision. Moreover, end-outline marker lights and side marker lights were not covered in Implementing Decision (EU) 2019/1119 and usage factors and power consumption values for those lights should therefore be added.

(12) Taking into account those additions, the testing methodology set out in Implementing Decision (EU) 2019/1119 should be considered appropriate for determining the CO₂ savings from the use of the innovative technology in light commercial vehicles.

(13) The efficient exterior LED lights should be used in internal combustion engine powered light commercial vehicles, or in NOVC-HEVs of category N₁ for which uncorrected measured fuel consumption and CO₂ emission values may be used in accordance with paragraph 1.1.4 of Appendix 2 to Sub-annex 8 to Annex XXI to Regulation (EU) 2017/1151.

(14) Manufacturers should have the possibility to apply to a type-approval authority for the certification of CO₂ savings from the use of efficient exterior LED lights where the conditions laid down in this Decision are met. Manufacturers should for that purpose ensure that the application for certification is accompanied by a verification report from an independent and certified body confirming that the innovative technology complies with the conditions laid down in this Decision and that the savings have been determined in accordance with the testing methodology set out in the Annex to this Decision.

(15) In order to facilitate a wider deployment of the innovative technology in new vehicles, a manufacturer should also have the possibility to submit a single application for the certification of the CO₂ savings from several efficient exterior LED lights. It is, however, appropriate to ensure that where this possibility is used a mechanism is applied that incentivises the deployment of only those efficient exterior LED lights that offer the highest efficiency.

(16) It is the responsibility of the type-approval authority to verify thoroughly that the conditions for certifying the CO₂ savings from the use of an innovative technology as specified in this Decision are met. Where the certification is granted, the responsible type-approval authority should ensure that all elements considered for the certification are recorded in a test report and kept together with the verification report and that this information is made available to the Commission on request.

(17) For the purpose of determining the general eco-innovation code to be used in the relevant type-approval documents in accordance with Annexes I, VIII and IX to Directive 2007/46/EC of the European Parliament and of the Council(10), it is necessary to attribute an individual code to the innovative technology.

(18) From 2021, manufacturers’ compliance with their specific CO₂ emission targets is to be established on the basis of the CO₂ emissions determined in accordance with the WLTP. CO₂ savings from the innovative technology certified by reference to this Decision may therefore be taken into account for the calculation of manufacturers’ average specific CO₂ emissions starting from that year,

HAS ADOPTED THIS DECISION:

(1)

OJ L 111, 25.4.2019, p. 13.

(2)

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 (OJ L 175, 7.7.2017, p. 1).

(3)

Commission Implementing Regulation (EU) No 427/2014 of 25 April 2014 establishing a procedure for the approval and certification of innovative technologies for reducing CO₂ emissions from light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (OJ L 125, 26.4.2014, p. 57).

(4)

https://circabc.europa.eu/sd/a/a19b42c8-8e87-4b24-a78b-9b70760f82a9/July%202018%20Technical%20Guidelines.pdf

(5)

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 (OJ L 70, 11.3.2014, p. 30).

(6)

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 (OJ L 33, 10.2.2015, p. 52).

(7)

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 (OJ L 31, 6.2.2016, p. 70).

(8)

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 (OJ L 101, 16.4.2016, p. 17).

(9)

Commission Implementing Decision (EU) 2019/1119 of 28 June 2019 on the approval of efficient vehicle exterior lighting using light emitting diodes for use in internal combustion engine vehicles and 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 (OJ L 176, 1.7.2019, p. 67).

(10)

Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).