1.Any technology falling within the scope of the following measures F1... shall not be considered as innovative technologies:
(a)efficiency improvements for air-conditioning systems;
(b)tyre pressure monitoring systems falling within the scope of [F2Regulation (EC) No 661/2009, in the case of vehicles with GB type-approval, and 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];
(c)tyre rolling resistance falling within the scope of [F3Regulation (EC) No 661/2009 and Regulation (EC) No 1222/2009, in the case of vehicles with GB type-approval, and Regulation (EU) 2019/2144 and Regulation (EU) 2020/740, 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];
(d)gear shift indicators falling within the scope of [F4Regulation (EC) No 661/2009, in the case of vehicles with GB type-approval, and 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];
(e)use of bio fuels.
2.[F5An application for the approval of an innovative technology as an eco-innovation may be made under this Regulation in respect of a technology, provided that the following conditions are met:]
[F5(a)it had been fitted in 3 % or less of all new passenger cars registered in 2009 for applications submitted until 31 December 2019, or in 3 % or less of all new passenger cars registered in the year n-4, n being the year of application, for applications submitted from 1 January 2020;]
(b)it relates to items intrinsic to the efficient operation of the vehicle and is compatible with [F6Regulation (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].
[F73.An application for the approval of an innovative technology as an eco-innovation may be made by reference to the standard test procedure in accordance with the following:
(a)to the New European Driving Cycle referred to in Annex XII to Regulation (EC) No 692/2008 until 31 December 2019;
(b)to the Worldwide Harmonised Light Vehicle Test Procedure (WLTP) referred to in Commission Regulation (EU) 2017/1151(1) [F8(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)] from 14 March 2018.]
Textual Amendments
F1Words in Art. 2(1) omitted (31.12.2020) by virtue of The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(2); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 2(1)(b) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 6(2)(a)(i)
F3Words in Art. 2(1)(c) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 6(2)(a)(ii)
F4Words in Art. 2(1)(d) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 6(2)(a)(i)
F5Substituted by Commission Implementing Regulation (EU) 2018/258 of 21 February 2018 amending Implementing Regulation (EU) No 725/2011 for the purpose of adjusting it to the change in the regulatory test procedure and simplifying the administrative procedures for application and certification (Text with EEA relevance).
F6Words in Art. 2(2)(b) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 6(2)(b)
F7Inserted by Commission Implementing Regulation (EU) 2018/258 of 21 February 2018 amending Implementing Regulation (EU) No 725/2011 for the purpose of adjusting it to the change in the regulatory test procedure and simplifying the administrative procedures for application and certification (Text with EEA relevance).
F8Words in Art. 2(3)(b) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361), regs. 1(2), 6(2)(c)
[F7Commission 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 ).]
Textual Amendments
F7Inserted by Commission Implementing Regulation (EU) 2018/258 of 21 February 2018 amending Implementing Regulation (EU) No 725/2011 for the purpose of adjusting it to the change in the regulatory test procedure and simplifying the administrative procedures for application and certification (Text with EEA relevance).