Commission Implementing Regulation (EU) 2018/259Show full title

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)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO₂ emissions from light-duty vehicles(1), and in particular Article 12(2) thereof,

Whereas:

(1) The Worldwide Harmonised Light Vehicle Test Procedure (WLTP) set out in Commission Regulation (EU) 2017/1151(2) was adopted by the Commission on 1 June 2017. The WLTP replaces the New European Driving Cycle (NEDC) set out in Annex XII to Commission Regulation (EC) No 692/2008(3). From 2021, compliance with the CO₂ emissions targets set out in Regulation (EU) No 510/2011 are to be verified on the basis of CO₂ emissions determined in accordance with the WLTP. From that date, also eco-innovation CO₂ savings should be determined by reference to the WLTP.

(2) To reflect the change in the regulatory test procedure and taking into account the procedure to correlate the WLTP CO₂ values into the corresponding NEDC CO₂ values set out in Commission Implementing Regulation (EU) 2017/1153(4), it is necessary to amend Commission Implementing Regulation (EU) No 427/2014(5).

(3) To ensure a smooth transition from the NEDC to the WLTP, it should be possible to submit an application for the approval of an innovative technology as an eco-innovation by reference to the NEDC until 31 December 2019, and to the WLTP from the entry into force of this Regulation.

(4) While the Commission has granted more than 20 approvals of eco-innovations, the deployment by manufacturers of those technologies in the European Union vehicle fleet has until 2017 been quite limited. In order to promote a more extensive deployment of those technologies and obtain the highest potential for reducing CO₂ emissions from light commercial vehicles, the approval and certification process should be simplified.

(5) Lowering the savings threshold to 0,5 g CO₂/km is likely to promote a wider deployment of innovative technologies capable of reducing CO₂ emissions. However, in order to ensure that those CO₂ savings are actually achieved, it is essential that they are determined very accurately. It is therefore necessary to assess and quantify the uncertainty that is linked to the methods used for demonstrating the savings and to take that uncertainty into account when the CO₂ savings are certified by the approval authority. It is appropriate to align the change of the savings threshold with the introduction of the WLTP, and as a consequence the new threshold should apply for the purpose of applications made by reference to the WLTP.

(6) For the purpose of demonstrating the CO₂ savings, component testing should be possible in those cases where the savings are not vehicle-dependent in order to improve the accuracy and simplify the determination of the CO₂ savings.

(7) In order to simplify the certification of CO₂ savings, it should be possible for the applicant to propose, in addition to a detailed testing methodology for determining the savings, a simplified evaluation method or predefined CO₂ savings in the application for the approval of an innovative technology as an eco-innovation. Where such simplified methods or predefined CO₂ savings are used, the savings certified by approval authorities should be determined in a conservative way reflecting the lowest level of savings demonstrated.

(8) 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 (EU) No 510/2011 and should not be eligible as an eco-innovation. In order to create the right incentives, it is therefore appropriate to replace the 2009 reference year by a dynamic reference year as a baseline for determining the innovativeness of a technology. The new dynamic reference year should apply for applications submitted from 1 January 2020.

(9) Where the Commission finds, based on the experience gained from assessing a number of innovative technologies with the same characteristics, that it has been satisfactorily and conclusively demonstrated that such technologies meet the eligibility criteria referred to in Article 12 of Regulation (EU) No 510/2011, or in the case an innovative technology is not dependent on manufacturer specific vehicle parameters, it should be possible to approve the innovative technology as an eco-innovation by a decision which provides all manufacturers with the possibility to certify CO₂ savings by reference to that decision provided that the conditions of the decision are met.

(10) Some innovative technologies require strong statistical evidence to support the assumptions given in the application for the approval of an innovative technology as an eco-innovation and the parameters proposed in the testing methodology. In order to have the widest possible data sets, it should be possible for a group of manufacturers or suppliers to apply together. Where that is the case, the group should have the possibility to submit an application including several verification reports, where that is necessary for confidentiality or competition reasons.

(11) For the purpose of ensuring that the certified CO₂ savings that are used by manufacturers for target compliance purposes are correct, the Commission should be in a position to react swiftly and notify manufacturers where it detects or is informed of any deviations or inconsistences in the testing methodology or the innovative technology which could affect the level of the certified savings.

(12) Experience shows that it may be necessary to adjust the testing methodologies set out in the decisions approving an eco-innovation, inter alia, to take into account technical developments, or to extend the scope of the approval decision to a wider range of vehicles. It should therefore be possible for both the original applicant and for the Commission to initiate an amendment of those decisions.

(13) Implementing Regulation (EU) No 427/2014 should therefore be amended accordingly.

(14) The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 145, 31.5.2011, p. 1.

(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 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 (OJ L 199, 28.7.2008, p. 1).

(4)

Commission Implementing Regulation (EU) 2017/1153 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure and amending Regulation (EU) No 1014/2010 (OJ L 175, 7.7.2017, p. 679).

(5)

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).