The Vehicle Emissions Trading Schemes (Amendment) Order 2024

Part 2 Miscellaneous amendments to the Vehicle Emissions Trading Schemes Order 2023

Amendment to article 3 (interpretation)

3.—(1) In article 3(1)—

(a) in paragraph (e) of the definition of “manufacturer”, after “Regulation (EU) 2017/1151”(1) insert “or Regulation (EU) 595/2009”(2);

(b) after the definition of “type approval” insert—

““UN Regulation No 154” means UN Regulation No 154 – Uniform provisions concerning the approval of light duty passenger and commercial vehicles with regards to criteria emissions, emissions of carbon dioxide and fuel consumption and/or the measurement of electric energy consumption and electric range (WLTP)(3);”;

(c) in paragraph (b) of the definition of “the zero-emission conditions”, after “van or SPV,” insert “and subject to paragraph (8A),”.

(2) After article 3(8) insert—

“(8A) Condition B does not need to be met in the case of a vehicle which was type-approved in accordance with Annex 21 to Regulation (EU) 2017/1151 as a Fuel Cell Vehicle or a Fuel Cell Hybrid Vehicle where the fuel cell is powered by hydrogen.

(8B) For the purposes of paragraph (8A)—

“Fuel Cell Vehicle” has the same meaning as in—

(a)

point 3.3.19 of Annex XXI of Regulation (EU) 2017/1151 as that Regulation has effect in domestic law, or

(b)

where the Regulation (EU) 2017/1151 as that Regulation applies in EU law is relevant, paragraph 3.3.19 of UN Regulation No 154;

“Fuel Cell Hybrid Vehicle” has the same meaning as in—

(a)

point 3.3.20 of Annex XXI of Regulation (EU) 2017/1151 as that Regulation has effect in domestic law, or

(b)

where the Regulation (EU) 2017/1151 as that Regulation applies in EU law is relevant, paragraph 3.3.20 of UN Regulation No 154.”.

Amendment to article 19 (CRTS credits: registration of ZE SPVs (CRTS participants))

4.  In article 19—

(a) in paragraph (1), for “Subject to paragraph (3), a” substitute “A”;

(b) in paragraph (2), for “Subject to paragraph (3), a” substitute “A”;

(c) omit paragraph (3).

Amendment to article 23 (CRTS credits: conversion of unused CCTS allowances)

5.  In article 23—

(a) in paragraph (3), for “number of CRTS allowances allocated to the CRTS participant for that scheme year” substitute “total number of cars of which the CRTS participant is the manufacturer and which were registered during that scheme year”;

(b) in paragraph (4), for “number of CRTS allowances allocated to the CRTS participant for that scheme year” substitute “total number of cars of which the CRTS participant is the manufacturer and which were registered during that scheme year”;

(c) in paragraph (5), for “number of CRTS allowances allocated to the CRTS participant for that scheme year” substitute “total number of cars of which the CRTS participant is the manufacturer and which were registered during that scheme year”.

Amendment to article 51 (VRTS credits: registration of ZE SPVs (VRTS participants))

6.  In article 51—

(a) in paragraph (1), for “Subject to paragraph (2), a” substitute “A”;

(b) omit paragraph (2).

Amendment to article 55 (VRTS credits: conversion of unused VCTS allowances)

7.  In article 55—

(a) in paragraph (3), for “number of VRTS allowances allocated to the VRTS participant for that scheme year” substitute “total number of vans of which the VRTS participant is the manufacturer and which were registered during that scheme year”;

(b) in paragraph (4), for “number of VRTS allowances allocated to the VRTS participant for that scheme year” substitute “total number of vans of which the VRTS participant is the manufacturer and which were registered during that scheme year”;

(c) in paragraph (5), for “number of VRTS allowances allocated to the VRTS participant for that scheme year” substitute “total number of vans of which the VRTS participant is the manufacturer and which were registered during that scheme year”.

Amendment to article 73 (information: participants in the Trading Schemes)

8.  In article 73(2), after “Schedule 7” insert “, except for the information in paragraphs 1(s), 6(r) and 6(s) of that Schedule”.

Amendment to article 77 (preparation of provisional information)

9.  In article 77—

(a) in paragraph (1)(l), after “banked CRTS allowances” insert “, within the meaning of article 9(b)”;

(b) in paragraph (1)(m), after “banked VRTS allowances” insert “, within the meaning of article 41(b)”.

Amendment to article 94 (financial penalties: general)

10.  In article 94(6), after “Wales, to” insert “be”.

Amendment to article 105 (provision of false or misleading information: participants in the Trading Schemes)

11.  After article 105(10) insert—

“(11) The administrator may impose the penalties in paragraph (12) on a participant in the Trading Schemes where an officer of a company who is made available by that participant in accordance with article 87 (power to question officers of a company) provides false or misleading information when questioned under that article.

(12) The penalties are—

(a) the financial penalty of £750,000 or, if lower, 0.5% of the turnover of the participant in the Trading Schemes for its financial year ending during the scheme year to which the false or misleading information relates;

(b) publication; and

(c) a block.”.

Amendment to Schedule 3 (determination of the specific emissions of CO₂ of completed vans)

12.  In Schedule 3—

(a) in paragraph 2, for “1.375” substitute “1.387”;

(b) in paragraph 11(b), for “1.375” substitute “1.387”;

(c) in paragraph 12(c), for “1.375” substitute “1.387”.

Amendment to Schedule 4 (low-volume CRTS participants and low-volume VRTS participants)

13.—(1) In paragraph 9(d) of Schedule 4 for “and” substitute “or”.

(2) After paragraph 10(e)(vi) of Schedule 4 insert—

“(vii) for an application relating to the VRTS, confirmation of whether each van is of category N1 or N2;”.

Amendment to Schedule 7 (information provisions)

14.  In paragraph 12(f) of Schedule 7, for “1.375” substitute “1.387”.

(1)

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, as that Regulation has effect in domestic law (EUR 2017/1151, amended by S.I. 2022/1273), or, as the case may be, as it has effect in EU law from time to time and by virtue of the Windsor Framework (OJ No. L 175, 07.07.2017, p.1; amended by Commission Regulation (EU) 2017/1154, 2017/1347 and 2018/1832).

(2)

Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC, as that Regulation has effect in domestic law (EUR 595/2009, amended by S.I. 2022/1273), or, as the case may be, as it has effect in EU law from time to time and by virtue of the Windsor Framework (OJ No. L 188, 18.7.2009, p. 1; amended by Commission Regulation (EU) No 582/2011 and 133/2014, Regulation (EU) 2018/858 and Regulation (EU) 2019/1242).

(3)

OJ L 423, 26.11.2021, p. 1.