Article 12 Review of certifications
United Kingdom
The F1Secretary of State shall ensure that the certifications and the CO2 savings attributed to individual vehicles are verified on an ad hoc-basis.
Where it finds that there is a difference between the certified CO2 savings and the savings it has verified using the relevant testing methodology or methodologies, the Secretary of State shall notify the manufacturer of its findings.
F2The Secretary of State may also, where it finds or is informed of deviations or inconsistences in the testing methodology or in the innovative technology in comparison to the information it had received as part of the application for the approval of the innovative technology as an eco-innovation, notify this to the manufacturer.
The manufacturer may within 60 days of receipt of the notification provide the Secretary of State with evidence demonstrating the accuracy of the certified CO2 savings. At the request of the Secretary of State the report on the interaction of different eco-innovations referred to in Article 7(3) shall be provided.
Where the evidence referred to in paragraph 1 is not provided within the indicated time period, or it finds that the evidence provided is not satisfactory, the Secretary of State may F3—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5... give notice of that fact to the administrator of the Non-Zero Emission Car CO2 Trading Scheme, for the purposes of article 36(3) of the Vehicle Emissions Trading Schemes Order 2023 (measuring activity in the scheme).
A manufacturer for which the certified CO 2 savings are no longer taken into account F7... may apply for a new certification of the vehicles concerned in accordance with the procedure laid down in Article 11, or may, where appropriate, make a request for an amendment of the approval decision in accordance with Article 12a, which shall be supported by such evidence that is required to confirm the appropriateness of the testing methodology and the level of CO 2 savings achieved by the innovative technology.
Annotations
Textual amendments
- F1
Words in Art. 12 substituted (31.12.2020) by The Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/550), regs. 1, 5(9); 2020 c. 1, Sch. 5 para. 1(1)
- F2
- F3
Art. 12(2)(a)(b) substituted for words in Art. 12(2) (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 111(3) (with art. 117)
- F4
Art. 12(2)(a) omitted (1.1.2025) by virtue of The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), arts. 1(3), 22(2)(a)
- F5
Words in Art. 12(2)(b) omitted (1.1.2025) by virtue of The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), arts. 1(3), 22(2)(b)
- F6
- F7
Words in Art. 12(3) omitted (1.1.2025) by virtue of The Vehicle Emissions Trading Schemes (Amendment) Order 2024 (S.I. 2024/1130), arts. 1(3), 22(3)