Article 12 Real-world CO2 emissions and energy consumption

The F1Secretary of State must monitor and assess the real-world representativeness of the CO₂ emissions and energy consumption values determined within the framework of Regulation (EC) No 595/2009 F2, as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol.

Furthermore, the Secretary of State must regularly collect data on the real-world CO₂ emissions and energy consumption of heavy-duty vehicles using on-board fuel and/or energy consumption monitoring devices, starting with new heavy-duty vehicles registered from the date of application of the measures referred to in point (b) of Article 5c of Regulation (EC) No 595/2009 F3, as it has effect in domestic law, and Article 5c of Regulation (EC) No 595/2009, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol.

The Secretary of State must ensure that the public is informed of how that representativeness evolves over time.

For the purpose of paragraph 1 of this Article, the F4Secretary of State must ensure that the following parameters relating to real-world CO₂ emissions and energy consumption of heavy-duty vehicles are made available to it at regular intervals, starting from the date of application of the measures referred to in point (b) of Article 5c of Regulation (EC) No 595/2009, F5as it has effect in domestic law, and Article 5c of Regulation (EC) No 595/2009, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, by manufacturers, F6other agencies of the Secretary of State or through direct data transfer from vehicles, as the case may be:

The Secretary of State must process the data received under the first subparagraph of this paragraph to create an anonymised and aggregated dataset, including per manufacturer, for the purposes of paragraph 1. The vehicle identification numbers shall be used only for the purpose of that data processing and shall not be retained longer than needed for that purpose.

In order to prevent the real-world emissions gap from growing, the F7Secretary of State must, not later than two years and five months following the date of application of the measures referred to in point (b) of Article 5c of Regulation (EC) No 595/2009, assess how fuel and energy consumption data may be used to ensure that the vehicle CO₂ emission and energy consumption values determined pursuant to that Regulation remain representative of real-world emissions over time for each manufacturer.

The F8Secretary of State must monitor and report annually on how the gap referred to in the first subparagraph evolves, and must, with a view to preventing an increase in that gap, assess, in 2027, the feasibility of a mechanism to adjust the manufacturer’s average specific CO₂ emissions as of 2030, and, if appropriate, F9may by regulations put such a mechanism in place.

The F10Secretary of State may determine by regulations the detailed procedure for collecting and processing the data referred to in paragraph 2 of this Article. F11...