# Commission Implementing Decision (EU) 2016/362 of 11 March 2016 on the approval of the MAHLE Behr GmbH & Co. KG enthalpy storage tank as an innovative technology for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (Text with EEA relevance), Introduction: Introductory text

Extent: E+W+S+N.I.

Commission Implementing Decision (EU) 2016/362
of 11 March 2016
on the approval of the MAHLE Behr GmbH & Co. KG enthalpy storage tank as an innovative technology for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emissions performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles, and in particular Article 12(4) thereof,
Whereas:
(1)
The supplier MAHLE Behr GmbH & Co. KG (the ‘Applicant’) submitted an application for the approval of an enthalpy storage tank as an innovative technology on 29 April 2015. The completeness of that application was assessed in accordance with Article 4 of Commission Implementing Regulation (EU) No 725/2011. The Commission identified certain relevant information as missing in the original application and requested the Applicant to complete it. The Applicant provided the required information on 27 May 2015. The application was found to be complete and the period for the Commission's assessment of the application started on the day following the date of official receipt of the complete information, i.e. 28 May 2015.
(2)
The application has been assessed in accordance with Article 12 of Regulation (EC) No 443/2009, Implementing Regulation (EU) No 725/2011 and the Technical Guidelines for the preparation of applications for the approval of innovative technologies pursuant to Regulation (EC) No 443/2009 (the Technical Guidelines, version February 2013).
(3)
The application refers to an enthalpy storage tank that reduces the CO2 emissions and fuel consumption after a cold start of an internal combustion engine due to a faster engine warm-up.
(4)
The Commission finds that the information provided in the application demonstrates that the conditions and criteria referred to in Article 12 of Regulation (EC) No 443/2009 and in Articles 2 and 4 of Implementing Regulation (EU) No 725/2011 have been met.
(5)
The Applicant has demonstrated that enthalpy storage tanks were not fitted in 3 % or more of the new passenger cars registered in the reference year 2009 in accordance with Article 2(2)(a) of Implementing Regulation (EU) No 725/2011.
(6)
The Applicant has used a comprehensive testing procedure in accordance with the Technical Guidelines, and defined the baseline vehicle as the vehicle fitted with a deactivated enthalpy storage tank.
(7)
The Applicant has provided a methodology for testing the CO2 reductions. The Commission considers that the testing methodology will provide testing results that are verifiable, repeatable and comparable and that it is capable of demonstrating in a realistic manner the CO2 emissions benefits of the innovative technology with strong statistical significance in accordance with Article 6 of Implementing Regulation (EU) No 725/2011.
(8)
Against that background the Applicant has demonstrated satisfactorily that the emission reduction achieved by the enthalpy storage tank is at least 1 g CO2/km.
(9)
Since the enthalpy storage tank is not activated during the CO2 emissions type approval test referred to in Regulation (EC) No 715/2007 of the European Parliament and of the Council and Commission Regulation (EC) No 692/2008, the Commission is satisfied that the technology in question is not covered by the standard test cycle.
(10)
The activation of the enthalpy storage tank is not dependant on the choice of the driver. On that basis the Commission finds that the manufacturer should be considered accountable for the CO2 emission reduction due to the use of the innovative technology.
(11)
The Commission finds that the verification report has been prepared by TÜV SÜD Auto Service GmbH which is an independent and certified body and that the report supports the findings set out in the application.
(12)
Against that background, the Commission finds that no objections should be raised as regards the approval of the innovative technology in question.
(13)
For the purposes of determining the general eco-innovation code to be used in the relevant type approval documents in accordance with Annexes I, VIII and IX to Directive 2007/46/EC of the European Parliament and of the Council, the individual code to be used for the innovative technology approved through this Decision should be specified,
HAS ADOPTED THIS DECISION:

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Source: https://www.legislation.gov.uk/eudn/2016/362/introduction (the official version)
Page: https://openlegislation.uk/eu-decision-2016-362/introduction
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.