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The New Heavy Duty Vehicles (Carbon Dioxide Emission Performance Standards) (Amendment) (EU Exit) Regulations 2020

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

Draft 2020, ISBN 9780348213416

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 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 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. Part 1: Introduction
  2. 1Citation and commencement
  3. Part 2: Amendment of retained direct EU legislation
  4. 2Amendment of Regulation (EU) 2019/1242
  5. 3Amendment of Article 1
  6. 4Amendment of Article 2
  7. 5Amendment of Article 4
  8. 6Amendment of Article 5
  9. 7Amendment of Article 6
  10. 8Amendment of Article 8
  11. 9Amendment of Article 9
  12. 10Amendment of Article 10
  13. 11Amendment of Article 11
  14. 12Amendment of Article 12
  15. 13Amendment of Article 13
  16. 14Amendment of Article 14
  17. 15Amendment of Article 15
  18. 16Substitution of Article 16
  19. 17Omission of Article 17
  20. 18Omission of Article 21
  21. Part 3: Amendment of the Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019
  22. 19Amendment of the Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019
  23. 20Substitution of regulation 6
  24. 21Substitution of regulation 7
  25. 22Substitution of regulation 8
  26. 23Amendment of regulation 10
  27. 24Amendment of regulation 14
  28. Signature
  29. Explanatory note

1Citation and commencement

(1)

These Regulations may be cited as the New Heavy Duty Vehicles (Carbon Dioxide Emission Performance Standards) (Amendment) (EU Exit) Regulations 2020.

(2)

This regulation and regulations 19 to 24 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.

2Amendment of Regulation (EU) 2019/1242

Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO2 emission performance standards for new heavy-duty vehicles and amending Regulations (EC) No 595/2009 and (EU) 2018/956 of the European Parliament and of the Council and Council Directive 96/53/EC is amended in accordance with regulations 3 to 18.

3Amendment of Article 1

(1)

Article 1 (subject matter and objective) is amended as follows.

(2)

For the words from “In order to contribute” to “(EU) 2018/842” substitute “In order to contribute to the United Kingdom’s target of achieving net-zero greenhouse gas emissions by 2050”.

(3)

Omit “, and to ensure the proper functioning of the internal market,”.

(4)

For “Union fleet” substitute “UK fleet”.

4Amendment of Article 2

(1)

Article 2 (scope) is amended as follows.

(2)

In paragraph 2, for “Union”, each time it occurs, substitute “United Kingdom”.

(3)

In paragraph 3—

(a)

for “The Commission shall, by means of implementing acts,” substitute “The Secretary of State may by regulations”;

(b)

omit the sentence beginning “Those implementing acts”.

5Amendment of Article 4

(1)

Article 4 (average specific CO2 emissions of a manufacturer) is amended as follows.

(2)

For the words from “Starting from 1 July 2020” to “determine” substitute “For the reporting period beginning with 1 July 2021, and for each subsequent reporting period, the Secretary of State must determine”.

6Amendment of Article 5

(1)

Article 5 (zero and low-emission heavy-duty vehicles) is amended as follows.

(2)

In the first sentence of paragraph 1, for the words from “Starting from 1 July 2020” to “determine” substitute “For the reporting period beginning with 1 July 2021, and for each subsequent reporting period, the Secretary of State must determine”.

7Amendment of Article 6

(1)

Article 6 (specific CO2 emissions targets of a manufacturer) is amended as follows.

(2)

For “Commission” substitute “Secretary of State”.

8Amendment of Article 8

(1)

Article 8 (compliance with the specific CO2 emissions targets) is amended as follows.

(2)

In paragraph 1—

(a)

for “Commission” substitute “Secretary of State”;

(b)

in point (a) for “4 250 EUR” substitute “£3,830”f1;

(c)

in point (b) for “6 800 EUR” substitute “£6,130”.

(3)

In paragraph 3—

(a)

for “The Commission shall, by means of implementing acts,” substitute “The Secretary of State may by regulations”;

(b)

omit the second sentence.

(4)

In paragraph 4, for “shall be considered as revenue for the general budget of the European Union” substitute “must be paid into the Consolidated Fund”.

9Amendment of Article 9

(1)

Article 9 (verification of the monitoring data) is amended as follows.

(2)

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

(3)

In paragraph 2, for “Commission shall” substitute “Secretary of State must”.

(4)

In paragraph 3—

(a)

in the first sentence, for the words from “Commission” to “acts,” substitute “Secretary of State may by regulations”;

(b)

omit the second sentence.

10Amendment of Article 10

(1)

Article 10 (assessment of reference CO2 emissions) is amended as follows.

(2)

In the first subparagraph—

(a)

for “Union” substitute “United Kingdom”;

(b)

for the words from “Commission” to “acts,” substitute “Secretary of State may by regulations”;

(3)

Omit the second subparagraph.

11Amendment of Article 11

(1)

Article 11 (publication of data and manufacturer performance) is amended as follows.

(2)

In paragraph 1—

(a)

for the words before point (a) substitute “By 30 April 2022 and in each subsequent year, the Secretary of State must publish a list indicating:”;

(b)

in point (a) for “2020” substitute “2021”;

(c)

in point (b) for “2020” substitute “2021”;

(d)

in point (d) for “2020” substitute “2021”;

(e)

in point (f)—

(i)

for “2020” substitute “2021”;

(ii)

for “Union” substitute “United Kingdom”.

(3)

In paragraph 2—

(a)

in the first subparagraph, in the words before point (a), for the words from “Commission” to “adjust” substitute “Secretary of State may be regulations adjust”;

(b)

in the second subparagraph—

(i)

for “Commission shall” substitute “Secretary of State must”;

(ii)

for “shall apply” substitute “must apply”;

(iii)

for “delegated acts” substitute “regulations”.

12Amendment of Article 12

(1)

Article 12 (real-world CO2 emissions and energy consumption) is amended as follows.

(2)

For “Commission shall” in paragraphs 1 and 2, each time those words occur, and in the first subparagraph of paragraph 3, substitute “Secretary of State must”.

(3)

In paragraph 2, for “national authorities” substitute “other agencies of the Secretary of State”.

(4)

In the second subparagraph of paragraph 3—

(a)

for the words from “Commission” to “and shall” substitute “Secretary of State must monitor and report annually on how the gap referred to in the first subparagraph evolves, and must”;

(b)

for “submit a legislative proposal to” substitute “may by regulations”.

(5)

In paragraph 4—

(a)

in the first sentence, for the words from “Commission” to “acts,” substitute “Secretary of State may determine by regulations”;

(b)

omit the second sentence.

13Amendment of Article 13

(1)

Article 13 (verification of the CO2 emissions of heavy-duty vehicles in-service) is amended as follows.

(2)

In paragraph 4—

(a)

in the first subparagraph—

(i)

in the first sentence, for the words from “Commission” to “acts,” substitute “Secretary of State may by regulations prescribe”;

(ii)

omit the second sentence;

(b)

omit the second subparagraph.

14Amendment of Article 14

(1)

Article 14 (amendments to Annexes I and II) is amended as follows.

(2)

In paragraph 1 for “Commission is empowered to adopt delegated acts in accordance with Article 17 to” substitute “Secretary of State may by regulations”.

(3)

In paragraph 2 for “Commission shall” substitute “Secretary of State may”.

(4)

In paragraph 3—

(a)

in the first sentence, for the words from “Commission” to “acts,” substitute “Secretary of State may by regulations”;

(b)

omit the second sentence.

15Amendment of Article 15

(1)

Article 15 (review and report) is amended as follows.

(2)

In paragraph 1—

(a)

for the words from “Commission” to “Council” substitute “Secretary of State must lay before Parliament a report”;

(b)

for the words from “European Union” to the end of the sentence, substitute “United Kingdom’s target of achieving net-zero green-house gas emissions by 2050”.

(3)

In paragraph 2, in point (e) omit “as well as the geographical situation of Member States”.

(4)

In paragraph 4—

(a)

in the first sentence—

(i)

for “Commission shall” substitute “Secretary of State must”;

(ii)

for “all affected Member States” substitute “the United Kingdom”;

(b)

for the second sentence substitute—

“The Secretary of State may by regulations make provision to that effect by 31 December 2027.”.

(5)

In paragraph 5—

(a)

in the first sentence—

(i)

for “Commission shall” substitute “Secretary of State must”;

(ii)

for “Union”, both times it occurs, substitute “United Kingdom”;

(b)

for the second sentence substitute—

“The Secretary of State must lay a report containing that evaluation before Parliament and may by regulations make provision for follow-up measures.”.

16Substitution of Article 16

For Article 16 (including the heading) substitute—

“Article 16

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 purposes;

(ii)

consequential, 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 17

Omit article 17 (exercise of the delegation).

18Omission of Article 21

Omit Article 21 (entry into force).

19Amendment of the Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019

The Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019f1 are amended in accordance with regulations 20 to 24.

20Substitution of regulation 6

For regulation 6 (amendment of Article 3) substitute—

“6.

For Article 3 (definitions) substitute—

  • “For the purposes of this Regulation—

    1. (a)

      the definitions set out in Regulation (EU) 2018/858 of the European Parliament and of the Council, in Regulation (EC) No 595/2009 of the European Parliament and of the Council and in Regulation (EU) 2019/1242 of the European Parliament and of the Council apply;

    2. (b)

      “regulations” means regulations made in accordance with Article 11A.”.”.

21Substitution of regulation 7

For regulation 7 (amendment of Article 4) substitute—

“7.

For Article 4 (including the heading) substitute—

“Article 4

Monitoring and reporting in respect of Part A of Annex 1

1.

From 1 January 2021, the Secretary of State must monitor the data specified in Part A of Annex 1 relating to new heavy-duty vehicles registered for the first time in the United Kingdom.

2.

By 30 September each year, starting in 2021, manufacturers must report to the Secretary of State those data of the previous reporting period of 1 July to 30 June.

3.

Data relating to new heavy-duty vehicles that were registered previously outside the United Kingdom shall not be monitored and reported, unless that registration was made less than three months before registration in the United Kingdom.”.”.

22Substitution of regulation 8

For regulation 8 (amendment of Article 5) substitute—

“8.

For Article 5 (including the heading) substitute—

“Article 5

Monitoring and reporting in respect of Part B of Annex 1

1.

From the starting years set out in point 1 of Part B of Annex I, manufacturers of heavy-duty vehicles must monitor the data specified in point 2 of Part B of Annex 1, for each new heavy-duty vehicle.

By 30 September each year, starting in 2021, manufacturers must report to the Secretary of State the data specified in point 2 of Part B of Annex 1, for each new heavy-duty vehicle with a date of simulation falling within the preceding reporting period of 1 July to 30 June.

The date of simulation must be the date reported in accordance with data entry 71 in point 2 of Part B of Annex 1.

2.

Each manufacturer must appoint a contact point for the purpose of reporting data in accordance with this Regulation.”.”.

23Amendment of regulation 10

(1)

Regulation 10 (insertion of Article 6A) is amended as follows.

(2)

In the new Article 6A (data processing)—

(a)

in paragraph 2, for “31 October each year, starting from 2020” substitute “30 April each year, starting from 2022”;

(b)

in paragraph 3, omit “in accordance with the procedure set out in regulations”.

24Amendment of regulation 14

(1)

Regulation 14 (amendment of Article 10 (report) is amended as follows.

(2)

In paragraph (2), for the substituted paragraph 1 substitute—

“1.

By 30 April every year, starting in 2022, the Secretary of State must publish an annual report with the Secretary of State’s analysis of the data transmitted to it by manufacturers for the preceding reporting period.”.

Signature

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 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 section 8(2)(a), (b), (c), and (g)) arising from the withdrawal of the UK from the European Union.

These Regulations amend Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 which sets emission performance standards for new heavy-duty vehicles. They also amend the Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/846) to the extent that those regulations are affected by amendments made to 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 by Article 19 of Regulation (EU) 2019/1242.

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.