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The Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2019, ISBN 9780111182178

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

Exiting The European Union

Environmental Protection

Made

Coming into force in accordance with regulation 2

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 2018f1.

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.

Annotations to the whole text

Footnotes

f1

2018. c. 16.

Contents

  1. 1Citation and commencement
  2. 2Citation and commencement
  3. 3Amendment of Regulation (EU) 2018/956 of the European Parliament and of the Council of 28 June 2018 on the monitoring and reporting of CO2 emissions from and fuel consumption of new heavy-duty vehicles
  4. 4Amendment of Article 1
  5. 5Amendment of Article 2
  6. 6Amendment of Article 3
  7. 7Amendment of Article 4
  8. 8Amendment of Article 5
  9. 9Amendment of Article 6
  10. 10Insertion of new Article 6A
  11. 11Amendment of Article 7
  12. 12Amendment of Article 8
  13. 13Amendment of Article 9
  14. 14Amendment of Article 10
  15. 15Amendment of Article 11
  16. 16Insertion of new Article 11A
  17. 17Omission of Article 12
  18. 18Omission of Article 13
  19. 19Omission of Article 14
  20. 20Omission of text following Article 14
  21. 21Amendment of Annex I
  22. 22Omission of Annex II
  23. Signature
  24. Explanatory note

1Citation and commencement

These Regulations may be cited as the Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019.

2Citation and commencement

These Regulations come into force on the later of exit day or the day after the day on which they are made.

3Amendment of Regulation (EU) 2018/956 of the European Parliament and of the Council of 28 June 2018 on the monitoring and reporting of CO2 emissions from and fuel consumption of new heavy-duty vehicles

Regulation (EU) 2018/956 of the European Parliament and of the Council of 28 June 2018 on the monitoring and reporting of CO2 emissions from and fuel consumption of new heavy-duty vehicles is amended as follows.

4Amendment of Article 1

In Article 1 (subject matter), for “Union” substitute “United Kingdom”.

5Amendment of Article 2

In Article 2 (scope), in the first paragraph, for “Member States” substitute “the Secretary of State”.

6Amendment of Article 3

In Article 3 (definitions), after the existing paragraph, insert—

  • “In this Regulation, “regulations” means regulations made in accordance with Article 11A.”

7Amendment of Article 4

(1)

Article 4 is amended as follows.

(2)

In the heading, for “Member States” substitute “the Secretary of State”.

(3)

In paragraph 1—

(a)

in the first subparagraph—

(i)

for “Member States” substitute “the Secretary of State”;

(ii)

for “Union” substitute “United Kingdom, and report that data in accordance with Article 6”;

(b)

omit the second subparagraph;

(c)

in the third subparagraph, for “Union”, in both places it occurs, substitute “United Kingdom”.

(4)

Omit paragraph 2.

8Amendment of Article 5

(1)

Article 5 (monitoring and reporting by manufacturers) is amended as follows.

(2)

In paragraph 1—

(a)

after the first subparagraph, insert—

“For the starting year 2019 set out in point 1 of Part B of Annex I, the period for manufacturers of heavy-duty vehicles monitoring the data specified in point 2 of Part B of Annex I for each new heavy-duty vehicle is the part of the calendar year beginning on the day on which the Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) EU Exit) Regulations 2019 come into force and ending with 31 December 2019.”;

(b)

in the second subparagraph—

(i)

for “Commission” substitute “Secretary of State”;

(ii)

for “Annex II” substitute “regulations”.

(3)

After paragraph 2, insert—

“3.

By 31 December 2019, manufacturers must notify the Secretary of State in accordance with regulations of the following information:

(a)

the manufacturer name indicated in the certificate of conformity or individual approval certificate;

(b)

the World Manufacturer Identifier code (WMI code) as defined in Commission Regulation (EU) No 19/2011 of 11 January 2011 concerning type-approval requirements for the manufacturer’s statutory plate and for the vehicle identification number of motor vehicles and their trailers and implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor, to be used in the vehicle identification numbers of new heavy-duty vehicles to be placed on the market;

(c)

the contact point responsible for reporting data to the Secretary of State.

New manufacturers entering the market must, without undue delay, notify the Secretary of State of the information referred to in points (a) to (c) in the first subparagraph in accordance with the reporting procedure set out in regulations.

4.

By 28 February 2020, manufacturers must report the data specified in Part A of Annex I for each new heavy-duty vehicle registered for the first time in the United Kingdom in the period beginning on the day on which the Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019 come into force and ending with 31 December 2019, to the Secretary of State in accordance with regulations.

By 28 February each year, beginning in 2021, manufacturers must report the data specified in Part A of Annex I for each new heavy-duty vehicle registered for the first time in the United Kingdom in the preceding calendar year, to the Secretary of State in accordance with regulations.”.

9Amendment of Article 6

(1)

Article 6 (Central Register for data on heavy-duty vehicles) is amended as follows.

(2)

In paragraph 1, in the first subparagraph—

(a)

for “Commission” substitute “Secretary of State”;

(b)

after “(‘the Register’)” insert “monitored and”.

(3)

Omit paragraph 2.

10Insertion of new Article 6A

After Article 6, insert—

“Article 6A

Data Processing

1.

The Secretary of State must process the data monitored and reported in accordance with Articles 4 and 5(1), and must record the processed data in the Register.

2.

The data relating to heavy-duty vehicles registered in the preceding calendar year and recorded in the Register must be made public by 31 October each year, starting from 2020, with the exception of the data entries specified in Article 6(1).

3.

Where manufacturers identify errors in the data submitted to the Secretary of State, they must, without delay, notify those errors to the Secretary of State in accordance with the procedure set out in regulations.

4.

The Secretary of State must verify the notified errors and, where appropriate, correct the data in the Register.”.

11Amendment of Article 7

(1)

Article 7 (monitoring of the results of on-road verification tests) is amended as follows.

(2)

In paragraph 1, for “Commission” substitute “Secretary of State”.

(3)

For paragraph 2, substitute—

“2.

Holders of the results of on-road tests performed within the framework of Regulation (EC) No 595/2009 must provide those results to the Secretary of State in accordance with regulations.

3.

Regulations may, for the purposes of this Article, specify the data to be reported by the holders of on-road verification test data to the Secretary of State.”.

12Amendment of Article 8

(1)

Article 8 (data quality) is amended as follows.

(2)

In paragraph 1—

(a)

omit “The competent authorities and”;

(b)

for “Articles 4 and 5” substitute “Article 5”;

(c)

for “Commission” substitute “Secretary of State”.

(3)

In paragraph 2—

(a)

for “Commission” substitute “Secretary of State”;

(b)

for “its” substitute “his or her”;

(c)

for “Articles 4 and 5” substitute “Article 5”.

(4)

In paragraph 3—

(a)

for “Commission” substitute “Secretary of State”;

(b)

for “its” substitute “his or her”;

(c)

for “it” substitute “the Secretary of State”.

(5)

For paragraph 4, substitute—

“4.

Regulations may specify the verification and correction measures referred to in paragraphs 2 and 3 of this Article.”.

13Amendment of Article 9

(1)

Article 9 (administrative fines) is amended as follows.

(2)

In paragraph 1—

(a)

in the first subparagraph—

(i)

for “Commission” substitute “Secretary of State”;

(ii)

in point (a), for “it” substitute “the Secretary of State”;

(b)

in the second subparagraph, for “Commission” substitute “Secretary of State”;

(c)

in the third subparagraph—

(i)

omit “shall be effective, proportional and dissuasive and”;

(ii)

for “EUR 30 000” substitute “£26,000”.

(3)

For paragraph 2, substitute—

“2.

Regulations may make provision in relation to administrative fines.

Regulations made under this paragraph may, in particular:

(a)

make provision about the amount of an administrative fine;

(b)

provide for the payment of an administrative fine into the consolidated fund;

(c)

set out the procedure to be followed in imposing an administrative fine;

(d)

set out the procedure for the collection and enforcement of an administrative fine;

(e)

provide for a right of appeal against the imposition of a penalty.”.

(4)

In paragraph 3—

(a)

for the opening words substitute “The Secretary of State, in making regulations under paragraph 2, must have regard to the following principles”;

(b)

in point (a) omit “the procedure established by the Commission shall respect”;

(c)

in point (b)—

(i)

for “Commission” substitute “Secretary of State”;

(ii)

omit “be guided by the principles of effectiveness, proportionality and dissuasiveness,”;

(iii)

for “taking” substitute “take”.

(5)

Omit paragraph 4.

14Amendment of Article 10

(1)

Article 10 (report) is amended as follows.

(2)

For paragraph 1 substitute:

“1.

By 31 October every year, starting in 2021, the Secretary of State must publish an annual report with the Secretary of State’s analysis of the data monitored and reported in accordance with Articles 4 and 5 for the preceding calendar year.

By 31 October 2020, the Secretary of State must publish an annual report with the Secretary of State’s analysis of the data monitored and reported in accordance with Articles 4 and 5 for the period beginning on the day on which the Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) EU Exit) Regulations 2019 come into force and ending with 31 December 2019.”.

(3)

In paragraph 2, for “Union as well as that of each Member State” substitute “United Kingdom”.

(4)

Omit paragraph 3.

15Amendment of Article 11

(1)

Article 11 is amended as follows.

(2)

In the heading, for “Annexes” substitute “Annex”.

(3)

In paragraph 1—

(a)

for the first subparagraph, substitute—

  • “Regulations may amend the Annex for the purposes of:”;

(b)

omit point (d).

(4)

Omit paragraph 2.

16Insertion of new Article 11A

After Article 11, insert—

“Article 11A

Regulations

1.

Any power to make regulations under this Regulation—

(a)

is exercisable by the Secretary of State by statutory instrument; and

(b)

includes power to make:

(i)

different provision for different cases or descriptions of case, different circumstances or different purposes;

(ii)

consequential, incidental, supplementary, transitional or transitory provision or savings.

2.

A statutory instrument containing regulations under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.”.

17Omission of Article 12

Omit Article 12 (committee procedure).

18Omission of Article 13

Omit Article 13 (exercise of the delegation).

19Omission of Article 14

Omit Article 14.

20Omission of text following Article 14

In the text following Article 14, omit the words from “This Regulation” to “Member States”.

21Amendment of Annex I

(1)

Annex I (rules on data to be monitored and reported) is amended as follows.

(2)

In Part A—

(a)

in the heading, for “MEMBER STATES” substitute “THE SECRETARY OF STATE”.

(b)

in point (a), for “Member State territory” substitute “United Kingdom”.

(3)

In Part C, in the text before the table, for “Commission” substitute “Secretary of State”.

22Omission of Annex II

Omit Annex II.

Signature

Signed by authority of the Secretary of State for Transport

Name

Parliamentary Under Secretary of State

Department for Transport

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(a), (b), (c) and (g)) arising from the withdrawal of the UK from the European Union.

These Regulations amend Regulation (EU) 2018/956 of the European Parliament and of the Council of 28 June 2018 on the monitoring and reporting of CO2 emissions from and fuel consumption of new heavy-duty vehicles (the “HDV Regulation”).

These Regulations amend requirements to monitor and report data on heavy-duty vehicles, including the transfer of responsibility for monitoring data to the Secretary of State, and other amendments as a consequence of leaving the EU. These Regulations impose a new duty on manufacturers to report data referred to in Part A of Annex I to the HDV Regulation, and provide that the Secretary of State may make regulations dealing with the procedure for imposing any administrative fine on manufacturers for irregularity or delay in reporting data under the HDV Regulation.

A de minimis impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR.

An Explanatory Memorandum has been prepared and is available alongside this instrument at www.legislation.gov.uk.