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
(Text with EEA relevance)

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, and in particular Article 12(2) thereof,
OJ L 140, 5.6.2009, p. 1.
Whereas:
(1) In order to promote the development and the early uptake of new and advanced CO2 emission-reducing vehicle technologies, Regulation (EC) No 443/2009 provides manufacturers and suppliers with the possibility of applying for the approval of certain innovative technologies contributing to reducing CO2 emissions from passenger cars. Therefore, it is necessary to clarify the criteria for determining which technologies should be eligible as eco-innovations pursuant to that Regulation.
(2) According to point (c) of Article 12(2) of Regulation (EC) No 443/2009, technologies that are part of the Union’s integrated approach outlined in the Commission Communication of 7 February 2007 entitled ‘Results of the review of the Community Strategy to reduce CO2 emissions from passenger cars and light-commercial vehicles’ and the Commission Communication of 7 February 2007 entitled ‘A Competitive Automotive Regulatory Framework for the 21st Century’, and have been regulated in Union law, or other technologies that are mandatory under Union law, are not eligible as eco-innovations under that Regulation. These technologies include tyre pressure monitoring systems, tyre rolling resistance and gear shift indicators falling within the scope of Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefore and, as regards tyre rolling resistance, Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters.
COM(2007) 19 final.
COM(2007) 22 final.
OJ L 200, 31.7.2009, p. 1.
OJ L 342, 22.12.2009, p. 46.
(3) A technology that has already for some time been widely available on the market cannot be considered innovative within the meaning of Article 12 of Regulation (EC) No 443/2009 and should not be eligible as an eco-innovation. In order to create the right incentives, it is appropriate to limit the level of market penetration of a technology to that of the niche segment as defined in Article 11(4) of Regulation (EC) No 443/2009 and to use the year 2009 as a baseline. Those thresholds should be subject to review at the latest in 2015.
(4) In order to promote technologies with the highest potential for reducing CO2 emissions from passenger cars, and in particular the development of innovative propulsion technologies, only those technologies should be eligible that are intrinsic to the transport function of the vehicle and contribute significantly to improving the overall energy consumption of the vehicle. Technologies that are accessory to that purpose or aim at enhancing the comfort of the driver or the passengers should not be eligible.
(5) According to Regulation (EC) No 443/2009, applications may be submitted by both manufacturers and suppliers. The application should include the necessary evidence that the eligibility criteria are fully met, including a methodology for measuring the CO2 savings from the innovative technology.
(6) It should be possible to measure the CO2 savings from an eco-innovation with a satisfactory degree of accuracy. That accuracy can only be achieved where the savings are 1 g CO2/km or more.
(7) Where the CO2 savings of a technology depends on the behaviour of the driver or on other factors that are outside the control of the applicant, that technology should in principle not be eligible as an eco-innovation, unless it is possible, on the basis of strong and independent statistical evidence, to make verifiable assumptions about average driver behaviour.
(8) The standard test cycle used for type approval measurement of the CO2 emissions from a vehicle does not demonstrate all savings that can be attributed to certain technologies. To create the right incentives for innovation, only those savings that are not captured by the standard test cycle should be taken into account for the calculation of the total CO2 savings.
(9) In demonstrating the CO2 savings, a comparison should be made between the same vehicles with and without the eco-innovation. The testing methodology should provide verifiable, repeatable and comparable measurements. In order to ensure a level playing field and, in the absence of an agreed and more realistic driving cycle, the driving patterns in the New European Driving Cycle as referred to in Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending 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 should be used as a common reference. The testing methodology should be based on measurements on a chassis dynamometer or on modelling or simulation where such methodologies would provide better and more accurate results.
OJ L 199, 28.7.2008, p. 1.
(10) Guidelines on the preparation of the application and the testing methodologies should be provided by the Commission and be regularly updated to take into account the experience gained from assessing different applications.
(11) According to Regulation (EC) No 443/2009, the application must be accompanied by a verification report provided by an independent and certified body. That body should be a technical service of category A or B as referred to in 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. However, in order to ensure the independence of the body, technical services designated in accordance with Article 41(6) of that Directive should not be considered an independent and certified body within the meaning of this Regulation. The body should, together with the verification report, provide relevant evidence of its independence from the applicant.
OJ L 263, 9.10.2007, p. 1.
(12) In order to ensure efficient registration and monitoring of the specific savings for individual vehicles, savings should be certified as part of the type approval of a vehicle and the total savings should be entered into the certificate of conformity in accordance with Directive 2007/46/EC.
(13) The Commission should have the possibility to verify on an ad hoc-basis the certified total savings for individual vehicles. Where it is evident that the certified savings are inconsistent with the level of savings resulting from the decision to approve a technology as an eco-innovation, the Commission should be able to disregard the certified CO2 savings for the calculation of the average specific CO2 emissions. The manufacturer should, however, be given a limited time period during which it may demonstrate that the certified values are accurate.
(14) In order to ensure a transparent application procedure, summary information should be available to the public on the applications for approval of innovative technologies and the testing methodologies. Once approved, the testing methodologies should be publicly accessible. The exceptions to the right to public access to documents set out in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents should apply as appropriate.
OJ L 145, 31.5.2001, p. 43.
(15) According to Article 13(3) of Regulation (EC) No 443/2009, innovative technologies may no longer be approved under the procedure set out in that Regulation from the date of application of a revised procedure for the measurement of CO2 emissions. In order to ensure an appropriate phasing out of the eco-innovation credits approved pursuant to this Regulation, this Regulation should be reviewed not later than in 2015.
(16) The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,
HAS ADOPTED THIS REGULATION:

Article 1 Subject matter
This Regulation sets out the procedure to be followed for the application for, and assessment, approval and certification of, innovative technologies that reduce emissions of CO2 from passenger cars pursuant to Article 12 of Regulation (EC) No 443/2009.

Article 2 Scope
1. Any technology falling within the scope of the following measures ... shall not be considered as innovative technologies:
(a) efficiency improvements for air-conditioning systems;
(b) tyre pressure monitoring systems falling within the scope of Regulation (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;
Words 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)
(c) tyre rolling resistance falling within the scope of Regulation (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;
Words 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)
(d) gear shift indicators falling within the scope of Regulation (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;
Words 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)
(e) use of bio fuels.
Words 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)
2. An 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:
(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 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.
Words 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)
Substituted 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).
3. 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 (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.
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 ).
Words 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)
Inserted 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).

Article 3 Definitions
In addition to the definitions set out in Articles 2 and 3 of Regulation (EC) No 443/2009, the following definitions shall apply:
(a) ‘innovative technology’ means a technology or a combination of technologies with similar technical features and characteristics where the CO2 savings can be demonstrated using one testing methodology and where each of the individual technologies forming the combination falls within the scope specified in Article 2;
(b) ‘supplier’ means the manufacturer of an innovative technology responsible for ensuring conformity of production or its authorised representative in the United Kingdom or the importer;
Words in Art. 3(b) substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
(c) ‘applicant’ means the manufacturer or supplier, or a group of manufacturers or suppliers, submitting an application for the approval of an innovative technology as an eco-innovation;
(d) ‘eco-innovation’ means an innovative technology accompanied by a testing methodology that has been approved by the Secretary of State in accordance with this Regulation;
Words in Art. 3(d) substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
(e) ‘independent and certified body’ means
(i) a category A or B technical service referred to in 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;
Words in art. 3(e) renumbered as art. 3(e)(i) (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(3)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 3(e)(i) 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(3)
(ii) the Secretary of State; or
Art. 3(e)(ii)(iii) inserted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(3)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
(iii) any person designated for this purpose by the Secretary of State;
(f) ‘requester’ means a manufacturer or supplier or a group of manufacturers or suppliers that requests the amendment of a decision approving an innovative technology as an eco-innovation.

Article 4 Application for the approval of an innovative technology as an eco-innovation
1. An application for the approval of an innovative technology as an eco-innovation shall be submitted to the Secretary of State in writing. The application and all supporting documentation shall also be submitted by electronic mail or electronic data carrier or uploaded in a server managed by the Secretary of State. The written application shall list the supporting documentation.
Words in Art. 4(1) substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
2. An application for the approval of an innovative technology as an eco-innovation shall include the following:
(a) contact details of the applicant;
(b) a description of the innovative technology and the way it is fitted on a vehicle, including evidence that the technology falls within the scope specified in Article 2;
(c) a summary description of the innovative technology, including details supporting that the conditions provided for in Article 2(2) are met, and of the testing methodology referred to in point (e) of this paragraph to be made public upon submission of the application to the Secretary of State;
Words in Art. 4(2)(c) substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
(d) an estimated indication of the individual vehicles that may be, or are intended to be, fitted with the innovative technology, and the estimated reductions of CO2 emissions for those vehicles from the innovative technology;
(e) a methodology to be used for demonstrating the CO 2 emissions reductions of the innovative technology, including a reference to the applicable standard test procedure in accordance with Article 2(3), or where such methodology has already been approved by the Secretary of State, a reference to the approved methodology;
Words in Art. 4(2)(e) substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
(ea) where appropriate, and in addition to the methodology referred to in point (e), a simplified method for evaluating the CO 2 savings to be certified or pre-defined CO 2 savings values to be used for the purpose of certification of all vehicles fitted with the innovative technology;
(f) evidence demonstrating that:
(i) the emissions reduction achieved by the innovative technology as determined in accordance with points (e) and, where applicable, (ea) meets the relevant threshold specified in Article 9(1), taking into account any deterioration over time of the technology;
(ii) the CO 2 savings of the innovative technology are not or only partially covered by the standard test procedure CO 2 measurement ... as specified in Article 2(3) of this Regulation;
Words in Art. 4(2)(f)(ii) 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(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
(iii) the applicant is accountable for the CO2 emissions reduction of the innovative technology as specified in Article 9(3);
(iv) the CO 2 reduction value to be attributed to a vehicle at the moment of certification using the simplified evaluation method or by way of pre-defined CO 2 savings values as referred to in point (ea), is lower or equal to the emissions reduction achieved by the innovative technology as determined using the testing methodology referred to in point (e), including any possible interactions with other approved eco-innovations;
(g) a verification report from an independent and certified body as specified in Article 7.

Article 5 Baseline and eco-innovation
1. For the purpose of the demonstration of CO2 emissions referred to in Article 8, the applicant shall designate:
(a) an eco-innovation vehicle that shall be fitted with the innovative technology, or, where appropriate, the innovative technology as a stand-alone component;
(b) a baseline vehicle that shall not be fitted with the innovative technology but that is in all other aspects identical to the eco-innovation vehicle, or, where appropriate, a baseline technology as a stand-alone component.
2. If the applicant considers that the information referred to in Articles 8 and 9 can be demonstrated by other means than those referred to in paragraph 1, the application for the approval of an innovative technology as an eco-innovation shall include the necessary details justifying that conclusion and a methodology providing equivalent results.
3. Where the application for the approval of an innovative technology as an eco-innovation is made by reference to the WLTP as referred to in Article 2(3)(b), the baseline vehicle shall be the vehicle within the interpolation family which represents the worst case for the purpose of demonstrating the eco-innovation savings.
In the case referred to in the second subparagraph of point 1.2.3.1 of sub-Annex 6 to Annex XXI to 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, the baseline vehicle shall be the test vehicle H.
The choice of baseline vehicle shall be supported by strong and independent statistical evidence on the basis of which verifiable assumptions about the appropriateness and representativeness of the baseline vehicle can be made.
Words in Art. 5(3) 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(4)

Article 6 Testing methodology
1. The testing methodology referred to in point (e) of Article 4(2) shall provide results that are verifiable, repeatable and comparable. It shall be capable of demonstrating in a realistic manner the CO2 emissions benefits of the innovative technology with strong statistical significance and, where relevant, take account of the interaction with other eco-innovations.
2. The Secretary of State shall publish guidance on the preparation of testing methodologies for different potential innovative technologies meeting the criteria in paragraph 1.
Words in Art. 6(2) substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(5); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 Verification report
1. The verification report referred to in point (g) of Article 4(2) shall be established by an independent and certified body that is not part of the applicant or otherwise connected to it.
1a. Where the applicant is a group of manufacturers or suppliers, the following conditions apply:
(a) the independent and certified body shall carry out the verifications referred to in points (a) to (e) of paragraph 2 in relation to each member of the applicant group, where relevant, depending on the content of the application for the approval of an innovative technology as an eco-innovation;
(b) where appropriate for confidentiality or competition reasons, several verification reports may be provided by the members of the applicant group for different sets of data supporting the same application.
2. For the purposes of the verification report, the independent and certified body shall:
(a) verify that the eligibility criteria specified in Article 2(2) are met;
(b) verify that the information provided in accordance with point (f) of Article 4(2) meets the criteria set out in Article 9;
(c) verify that the testing methodology referred to in point (e) of Article 4(2) is appropriate for certifying the CO2 savings from the innovative technology for the relevant vehicles referred to in point (d) of Article 4(2), and meets the minimum requirements specified in Article 6(1);
(ca) verify, in the case of point (ea) of Article 4(2), that the simplified evaluation method or the pre-defined CO 2 savings values referred to in that point are appropriate for certifying the CO 2 savings for the relevant vehicles referred to in point (d) of Article 4(2), and meet the minimum requirements specified in Article 4[2][f](iv);
(d) verify that the innovative technology is compatible with relevant requirements specified for the type approval of the vehicle;
(e) declare that it meets the requirement specified in paragraph 1 of this Article.
For the purpose of points (c) and (ca), the independent and certified body shall provide the testing protocols established for the verification.
3. For the purposes of the certification of the CO 2 savings in accordance with Article 11, the independent and certified body shall, at the request of the manufacturer, draw up a report on the interaction between several eco-innovations fitted to one vehicle type, variant, version or, where applicable, interpolation family.
The report shall specify the CO2 savings from the different eco-innovations taking into account the impact of the interaction.

Article 8 Demonstration of CO2 emissions
1. The following CO2 emissions shall be demonstrated for a number of vehicles representative of the individual vehicles indicated in accordance with point (d) of Article 4(2):
(a) the CO 2 emissions from the baseline vehicle and from the eco-innovation vehicle with the innovative technology in operation resulting from the application of the methodology referred to in point (e) of Article 4(2) and, where appropriate, the application of the simplified evaluation method referred to in point (ea) of that Article;
(b) the CO 2 emissions from the baseline vehicle and from the eco-innovation vehicle with the innovative technology in operation resulting from the application of the standard test procedure as specified in accordance with Article 2(3)(a) or (b).
The demonstration of the CO2 emissions in accordance with points (a) and (b) of the first subparagraph shall be carried out under testing conditions that are identical for all tests.
2. The total savings for an individual vehicle shall be the difference between the emissions demonstrated in accordance with point (a) of the first subparagraph of paragraph 1.
Where there is a difference between the emissions demonstrated in accordance with point (b) of the first subparagraph of paragraph 1, that difference shall be subtracted from the total savings demonstrated in accordance with point (a) of the first subparagraph of paragraph 1.
In the case of applications for the approval of an innovative technology as an eco-innovation made by reference to Article 2(3)(b), the uncertainty shall be assessed and quantified for the purpose of determining the savings. The quantified uncertainty shall be subtracted from the total savings.
3. In the case of pre-defined CO 2 savings values proposed in accordance with Article 4(2)(ea), those values shall be set at a level that is lower or equal to the total savings determined in accordance with paragraph 2.

Article 9 Eligibility criteria
1. The minimum reduction to be achieved in accordance with Article 8(2) by the innovative technology shall be:
(a) 1 g CO 2 /km in the case of applications made by reference to Article 2(3)(a);
(b) 0,5 g CO 2 /km in the case of applications made by reference to Article 2(3)(b).
2. Where the total savings of an innovative technology do not include any savings demonstrated under the standard test procedure in accordance with Article 8(2), the innovative technology shall be considered not to be covered by the standard test procedure.
3. The technical description of the innovative technology referred to in point (b) of Article 4(2) shall provide the necessary details for demonstrating that the CO2 reducing performance of the technology is not dependant on settings or choices that are outside the control of the applicant.
Where the description is based on assumptions, those assumptions shall be verifiable and based on strong and independent statistical evidence supporting them and their applicability across the United Kingdom.
Words in Art. 9(3) substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(6); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 Assessment of an application for the approval of an innovative technology as an eco-innovation
1. On receipt of an application, the Secretary of State shall make public the summary description of the innovative technology and the testing methodology referred to in point (c) of Article 4(2).
Words in Art. 10 substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
2. The Secretary of State shall assess the application and, within 9 months from receipt of a complete application, it shall approve the innovative technology as an eco-innovation together with the testing methodology, unless objections are raised in respect of the eligibility of the technology or the appropriateness of the testing methodology.
The decision to approve the innovative technology as an eco-innovation shall specify the information required for the certification of the CO2 savings in accordance with Article 11 of this Regulation ....
Words in Art. 10(2) 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(7)(b); 2020 c. 1, Sch. 5 para. 1(1)
3. The Secretary of State may require adjustments to the proposed testing methodology or require the use of another approved testing methodology than the one proposed by the applicant. The applicant shall be consulted on the proposed adjustment or the choice of testing methodology.
4. The assessment period may be extended by 5 months where the Secretary of State finds that, because of the complexity of the innovative technology and the accompanying testing methodology or because of the size and contents of the application, the application cannot be appropriately assessed within the 9-month assessment period.
The Secretary of State shall within 40 days of receipt of the application notify the applicant if the assessment period is to be extended.

Article 11 Certification of CO2 savings from eco-innovations
1. A manufacturer wishing to demonstrate certified CO2 savings from an eco-innovation shall apply to the Secretary of State for 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) of the vehicle fitted with the eco-innovation. The application for a certificate shall, in addition to the documents providing the necessary information specified in Article 25 of Regulation (EU) 2018/858, refer to the decision by the Secretary of State to approve an eco-innovation in accordance with Article 10(2) of this Regulation.
Words in Art. 11(1) substituted (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 111(2) (with art. 117)
Words in Art. 11(1) substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(8)(a)(i) (as amended by S.I. 2020/1418, regs. 1, 2(5)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 11(1) 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(5)
Words in Art. 11(1) substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(8)(a)(ii) (as amended by S.I. 2020/818, reg. 1(b), Sch. 6 para. 38(2)(a) (with Sch. 4 paras. 16, 17)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 11(1) substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(8)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
2. The certified CO 2 savings of the eco-innovation demonstrated in accordance with the corresponding decision to approve the innovative technology as an eco-innovation shall be specified separately in both the type approval documentation and the certificate of conformity in accordance with Regulation (EU) 2018/858, on the basis of tests carried out by technical services in accordance with Article 30 of that Regulation, using the approved testing methodology.
Subject to the requirements of the approval decision, the quantified uncertainty referred to in Article 8(2) shall be subtracted from the total savings to be certified. Where the CO 2 savings of an eco-innovation for a specific type, variant, version and, where appropriate, interpolation family are below the relevant threshold specified in Article 9(1), the savings shall not be certified.
In the case pre-defined CO 2 savings determined in accordance with Article 4(2)(ea) are specified in the approval decision, the relevant pre-defined savings value may be entered directly into the type approval documentation, provided that the approval authority is in a position to confirm that the vehicle is fitted with the technology in accordance with the specifications of the approval decision.
Words in Art. 11(2) substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(8)(b)(i) (as substituted by S.I. 2020/818, reg. 1(b), Sch. 6 para. 38(2)(b) (with Sch. 4 paras. 16, 17)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 11(2) substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(8)(b)(ii) (as substituted by S.I. 2020/818, reg. 1(b), Sch. 6 para. 38(2)(b) (with Sch. 4 paras. 16, 17)); 2020 c. 1, Sch. 5 para. 1(1)
3. Where the vehicle is fitted with more than one eco-innovation, the CO2 savings shall be demonstrated separately for each eco-innovation in accordance with the procedure set out in Article 8(1). The sum of the resulting savings determined in accordance with Article 8(2) for each eco-innovation shall provide the total CO2 savings for the purpose of the certification of that vehicle.
4. Where interaction between several eco-innovations fitted to one vehicle cannot be ruled out because they are clearly of a different nature, the manufacturer shall indicate this in the application to the approval authority and shall provide a report from the independent and certified body on the impact of the interaction on the savings of the eco-innovations in the vehicle as referred to in Article 7(3).
Where, due to that interaction, the total savings are less than 0,5 g CO 2 /km times the number of eco-innovations only those eco-innovation savings that meet the threshold set out in Article 9(1) shall be taken into account for calculating the total savings in accordance with paragraph 3 of this Article.

Article 12 Review of certifications
1. The Secretary of State shall ensure that the certifications and the CO2 savings attributed to individual vehicles are verified on an ad hoc-basis.
Where it finds that there is a difference between the certified CO2 savings and the savings it has verified using the relevant testing methodology or methodologies, the Secretary of State shall notify the manufacturer of its findings.
The Secretary of State may also, where it finds or is informed of deviations or inconsistences in the testing methodology or in the innovative technology in comparison to the information it had received as part of the application for the approval of the innovative technology as an eco-innovation, notify this to the manufacturer.
The manufacturer may within 60 days of receipt of the notification provide the Secretary of State with evidence demonstrating the accuracy of the certified CO2 savings. At the request of the Secretary of State the report on the interaction of different eco-innovations referred to in Article 7(3) shall be provided.
Words in Art. 12 substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(9); 2020 c. 1, Sch. 5 para. 1(1)
2. Where the evidence referred to in paragraph 1 is not provided within the indicated time period, or it finds that the evidence provided is not satisfactory, the Secretary of State may —
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 12(2)(a) omitted (1.1.2025) by virtue of The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), arts. 1(3), 22(2)(a)
(b) ... give notice of that fact to the administrator of the Non-Zero Emission Car CO2 Trading Scheme, for the purposes of article 36(3) of the Vehicle Emissions Trading Schemes Order 2023 (measuring activity in the scheme).
Words in Art. 12(2)(b) omitted (1.1.2025) by virtue of The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), arts. 1(3), 22(2)(b)
Art. 12(2)(a)(b) substituted for words in Art. 12(2) (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 111(3) (with art. 117)
3. A manufacturer for which the certified CO 2 savings are no longer taken into account ... may apply for a new certification of the vehicles concerned in accordance with the procedure laid down in Article 11, or may, where appropriate, make a request for an amendment of the approval decision in accordance with Article 12a, which shall be supported by such evidence that is required to confirm the appropriateness of the testing methodology and the level of CO 2 savings achieved by the innovative technology.
Words in Art. 12(3) omitted (1.1.2025) by virtue of The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), arts. 1(3), 22(3)

Article 12a Amendment of a decision to approve an innovative technology as an eco-innovation
1. A manufacturer or supplier, including the original applicant, may submit to the Secretary of State a request for an existing approval decision to be amended. The request and all supporting documentation shall also be submitted by electronic mail or electronic data carrier or uploaded to a server managed by the Secretary of State. The written request shall list the supporting documentation.
Words in Art. 12a substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(10)(a); 2020 c. 1, Sch. 5 para. 1(1)
2. The following information and evidence shall be provided together with the request for amendment:
(a) contact details of the requester;
(b) the reference to the approval decision to be amended;
(c) a description of the amendments proposed including a summary of that description;
(d) evidence demonstrating the necessity and the appropriateness of the amendments;
(e) evidence demonstrating that emissions reduction achieved by the innovative technology as determined using the amended testing methodology, or where appropriate, the new or amended simplified evaluation method or pre-defined CO 2 savings, meets the relevant threshold specified in article 9(1), taking into account any deterioration over time of the technology;
(f) a specific validation report established by an independent and certified body that verifies the following:
(i) the amended testing methodology meets the requirements set out in Article 6(1) and, where applicable, the requirements set out in Article 4(2)(f)(iv);
(ii) the emissions reduction achieved by the innovative technology as determined using the amended testing methodology or, where appropriate, the new or amended simplified evaluation method or pre-defined CO 2 savings, meets the relevant threshold specified in Article 9(1), taking into account any deterioration over time of the technology.
3. On receipt of the request for the amendment, the Secretary of State shall make public the summary description of the amendments proposed referred to in point 2(c).
4. The Secretary of State shall assess the request for amendment and, within nine months from receipt of a complete request, it shall amend the approval decision, unless objections are raised in respect of the appropriateness of the proposed amendments.
The amended approval decision shall, where necessary, specify its applicability and the information required for the certification of the CO 2 savings in accordance with Article 11 of this Regulation ....
Words in Art. 12a(4) 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(10)(b); 2020 c. 1, Sch. 5 para. 1(1)
5. The Secretary of State may require adjustments to the proposed amendments. The Secretary of State shall in that case consult the requester as well as other relevant stakeholders, including the original applicant for the approval of the innovative technology as an eco-innovation, on the proposed amendments and, where appropriate, take account of the comments received.
6. The assessment period may be extended by five months where the Secretary of State finds that, because of the complexity of the innovative technology and the accompanying amended testing methodology or because of the size and contents of the request for amendment, the request cannot be appropriately assessed within the nine months assessment period.
The Secretary of State shall within 40 days of receipt of the request notify the requester if the assessment period is to be extended.
7. The Secretary of State may at any time amend an approval decision on its own initiative, in particular to take into account technical progress. The Secretary of State shall consult the original applicant for approval of the innovative technology as an eco-innovation and other relevant stakeholders on the amendments it considers and, where appropriate, take account of the comments received.

Article 13 Disclosure of information
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 13 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(11); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 Review
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Deleted 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).

Article 15 Entry into force
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 15 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(12); 2020 c. 1, Sch. 5 para. 1(1)
...
Words in Signature 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(13); 2020 c. 1, Sch. 5 para. 1(1)