Article 2U.K.Scope

1.Any technology falling within the scope of the following measures shall not be considered as an innovative technology:

(a)efficiency improvements for air-conditioning systems;

(b)tyre pressure monitoring systems falling within the scope of [F1Regulation (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];

(c)tyre rolling resistance falling within the scope of [F2Regulation (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];

(d)gear shift indicators falling within the scope of [F3Regulation (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];

(e)use of bio fuels.

2.[F4An 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:]

[F4(a)it had been fitted in 3 % or less of all new light commercial vehicles registered in 2009 for applications submitted until 31 December 2019, or in 3 % or less of all new light commercial vehicles 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 [F5Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles][F6, 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 the case of completed vehicles, only eco-innovations fitted on a base vehicle that is [F7GB type-approved] as an incomplete vehicle shall be considered for the certification of CO₂ emission reductions pursuant to Article 11.

[F84.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 referred to in Commission Regulation (EU) 2017/1151(1) [F9(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)(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), 9(2)(a)(i)

F2Words 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), 9(2)(a)(ii)

F3Words 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), 9(2)(a)(i)

F4Substituted by Commission Implementing Regulation (EU) 2018/259 of 21 February 2018 amending Implementing Regulation (EU) No 427/2014 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).

F5Words in Art. 2(2)(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, 32(2)(a) (as amended by S.I. 2020/818, reg. 1(b), Sch. 6 para. 38(3)(a) (with Sch. 4 paras. 16, 17)); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in Art. 2(2)(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), 9(2)(b)

F7Words in Art. 2(3) 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), 9(2)(c)

F8Inserted by Commission Implementing Regulation (EU) 2018/259 of 21 February 2018 amending Implementing Regulation (EU) No 427/2014 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).

F9Words in Art. 2(4)(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), 9(2)(d)

(1)

[F8Commission 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