The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/1418 |
| Year | 2020 |
2020 No. 1418
Exiting The European Union
Road Traffic
Environmental Protection
The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020
Made 1st December 2020
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Introduction
Citation and commencement
1.—(1) These Regulations may be cited as the Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020.
(2) This regulation and regulation 2 come into force on the day after the day on which these Regulations are made.
(3) The remainder of these Regulations come into force on IP completion day.
PART 2
Amendment of the Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019
Amendment of the Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019
2.—(1) The Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 20192are amended as follows.
(2) In the title, after “Vehicle” insert “Carbon Dioxide”.
(3) In regulation 1, after “Vehicle” insert “Carbon Dioxide”.
(4) Omit regulation 2.
(5) In regulation 5(8)(a)(i), omit—
(a)
(a) “for an EC”,
(b)
(b) “for a UK”.
(6) In regulation 22—
(a)
(a) after paragraph (1) insert—
“1A In Article 2(3)—
(a) for “type approval authority” substitute “Secretary of State”,
(b) for “it” substitute “the Secretary of State”.
1B In Article 3, in paragraph (2), for “type approval authority” substitute “Secretary of State”.”,
(b)
(b) after paragraph (2) insert—
“3 In the Annex, in point 5 in the second unnumbered paragraph, for “type-approval authority” substitute “Secretary of State”.”.
(7) In regulation 23—
(a)
(a) after paragraph (1) insert—
“1A In Article 2(3)—
(a) for “type approval authority” substitute “Secretary of State”,
(b) for “it” substitute “the Secretary of State”.
1B In Article 3—
(a) in paragraph (2), for “type approval authority” substitute “Secretary of State”,
(b) in paragraph (3), for “approval Authority” substitute “Secretary of State”.”,
(b)
(b) after paragraph (2) insert—
“3 In the Annex, in the final paragraph, for “type approval authority” substitute “Secretary of State”.”.
(8) Omit Chapter 1 of Part 3.
(9) In regulation 30—
(a)
(a) for paragraph (10) substitute—
“10 In Article 10—
(a) in paragraph 1—
(i) for “1 June 2012” substitute “31 May each year”,
(ii) for “Commission” in each place it appears substitute “Secretary of State”,
(b) in paragraph 2, for “Commission” substitute “Secretary of State”,
(c) in paragraph 3—
(i) for “Commission, via electronic data transfer to the Data Repository managed by the European Environmental Agency,” substitute “Secretary of State”,
(ii) for “Union” substitute “United Kingdom”,
(iii) omit the second subparagraph,
(d) in paragraph 4, for “provided by the Member States” substitute “recorded by the Secretary of State”.”,
(b)
(b) omit paragraph (11)(a)(ii).
(10) In regulation 31(8)(b), for “United Kingdom” substitute “Great Britain”.
(11) In regulation 32—
(a)
(a) omit paragraph (2)(b),
(b)
(b) in paragraph (8)(a)(i)—
(i) omit “for an EC”,
(ii) omit “for a UK”.
PART 3
Amendment of retained direct EU legislation
CHAPTER 1
Amendment of Regulation (EU) 2019/631
Amendment of Regulation (EU) No 2019/631
3.—(1) Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009and (EU) No 510/2011, is amended as follows.
(2) In Article 1—
(a)
(a) in paragraph 1—
(i) for “Union’s target of reducing its greenhouse gas emissions, as laid down in Regulation (EU) 2018/842” substitute “United Kingdom’s target of achieving net zero greenhouse gas emissions by 2050”,
(ii) omit “and to ensure the proper functioning of the internal market”,
(b)
(b) in paragraph 2—
(i) for “From 1 January 2020, this” substitute “This”,
(ii) for “an EU fleet-wide” in both places it appears substitute “a Great Britain fleet-wide”,
(iii) for “the Union” substitute “Great Britain”,
(iv) omit “until 31 December 2020 in accordance with Regulation (EC) No 692/2008together with Implementing Regulations (EU) 2017/1152 and (EU) 2017/1153, and from January 2021 measured”,
(c)
(c) omit paragraph 3,
(d)
(d) in paragraph 4—
(i) in the opening words, for “EU fleet-wide” substitute “Great Britain fleet-wide”,
(ii) in points (a) and (b), for “an EU fleet-wide” substitute “a Great Britain fleet-wide”,
(e)
(e) in paragraph 5—
(i) in the opening words, for “EU fleet-wide” substitute “Great Britain fleet-wide”,
(ii) in points (a) and (b), for “an EU fleet-wide” substitute “a Great Britain fleet-wide”.
(3) In Article 2—
(a)
(a) in paragraph 1, for “the Union” in each place it appears substitute “Great Britain”,
(b)
(b) in paragraph 2, for “the Union” in both places it appears substitute “Great Britain”,
(c)
(c) in paragraph 4, for “the Union” substitute “Great Britain”,
(d)
(d) after paragraph 4 insert—
“5. This Regulation shall not apply to any vehicle registered in Great Britain which is permanently removed from Great Britain within three months after that registration.”.
(4) In Article 3—
(a)
(a) in paragraph 1—
(i) in point (h)—
(aa) omit “in Regulation (EC) No 692/2008until 31 December 2020, and from 1 January 2021”,
(bb) for “Commission” substitute “Secretary of State”,
(ii) in point (k), for “EU fleet-wide” substitute “Great Britain fleet-wide”,
(iii) after point (n) insert—
“;
(o)
(o) ‘passenger cars’ and ‘new passenger cars’ have the meanings given in Article 2(1)(a);
(p)
(p) ‘light commercial vehicles’ and ‘new light commercial vehicles’ have the meanings given in Article 2(1)(b)”.
(5) In Article 4—
(a)
(a) in paragraph 1, omit point (a),
(b)
(b) in paragraph 3—
(i) for “the following percentages” substitute “100%”,
(ii) omit both indents.
(6) In Article 5—
(a)
(a) omit the first indent,
(b)
(b) omit “from 2020”,
(c)
(c) for “7,5 g” substitute “3.75g”.
(7) In Article 6—
(a)
(a) in paragraph 2, for “file the following information with the Commission” substitute “provide the following information to the Secretary of State”,
(b)
(b) in paragraph 3, for “Commission” substitute “Secretary of State”,
(c)
(c) in paragraph 4, for “Commission” substitute “Secretary of State”,
(d)
(d) in paragraph 5—
(i) for “Articles 101 and 102 TFEU” substitute “sections 2 (agreements etc. preventing, restricting or distorting competition) and 18 (abuse of dominant position) of the Competition Act 19983”,
(ii) for “Union competition rules” substitute “any enactment relating to competition”,
(e)
(e) in paragraph 7, for “filed with the Commission” substitute “provided to the Secretary of State”,
(f)
(f) in paragraph 8—
(i) for “The Commission may specify, by means of implementing acts,” substitute “Regulations may set out”,
(ii) omit the second sentence,
(g)
(g) after paragraph 8 insert—
“9. Information required to be provided to the Secretary of State by virtue of paragraph 2 or 4 must:
(a) be in writing and dated;
(b) include the name and address of the pool manager to whom the Secretary of State may respond;
(c) include the names of the other manufacturers in the pool;
(d) be sent to the Secretary of State by post, delivered by hand or, with the express agreement of the Secretary of State, sent by electronic means.”.
(8) In Article 7—
(a)
(a) in paragraph 1—
(i) in the first sentence—
(aa) for “each Member State” substitute “the Secretary of State”,
(bb) for “its territory” substitute “Great Britain”,
(ii) in the second sentence, for “each Member State” substitute “Great Britain”,
(iii) omit the third sentence,
(iv) in the fourth sentence, for “Each Member State” substitute “The Secretary of State”,
(v) at the end insert—
“The Secretary of State may appoint a person to carry out the Secretary of State’s functions under this paragraph.”,
(b)
(b) omit paragraph 2,
(c)
(c) omit paragraph 3,
(d)
(d) in paragraph 4—
(i) in the first subparagraph—
(aa) for “Commission” substitute “Secretary of State”,
(bb) for “reported by Member States” substitute “recorded”,
(ii) in the second subparagraph—
(aa) for “Commission” substitute “Secretary of State”,
(bb) omit “for each Member State”,
(e)
(e) for paragraphs 5, 6, 7 and 8 substitute—
“5. A manufacturer may, within three months of being notified of the provisional calculation under paragraph 4, notify the Secretary of State of any errors in the data. Notification given by a manufacturer must:
(a) be in writing and dated;
(b) include:
(i) the provisional calculation;
(ii) the specific emissions target for the preceding year;
(iii) the manufacturer’s calculation of their average specific emissions of CO2;
(iv) any evidence in support of the calculation in (iii);
(c) be sent to the Secretary of State by post, delivered by hand or, with the express agreement of the Secretary of State, sent by electronic means.
Where notification is given by a manufacturer, the Secretary of State must confirm or amend the provisional calculation under paragraph 4, and notify the manufacturer accordingly by 31 October.
6. The...
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