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

S.I. 2019/846 · Made 8 April 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Environmental Protection

Made 8th April 2019

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 2018 M1.

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

Marginal citations

M1

2018 c. 16.

Contents

  1. 1Citation and commencement
  2. 2Regulation 2
  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 commencementI1

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

2I1

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 vehiclesI1

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 1I1

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

5Amendment of Article 2I1

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

6Amendment of Article 3I1F1

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.”.

7Amendment of Article 4I1F1

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.”.

8Amendment of Article 5I1F1

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.”.

9Amendment of Article 6I1

(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 6AI1

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 F130 April each year, starting from 2022, 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 F2... .

4

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

11Amendment of Article 7I1

(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 8I1

(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 9I1

(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 10I1

(1)

Article 10 (report) is amended as follows.

(2)

For paragraph 1 substitute:

“

F11.

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. ”.

(3)

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

(4)

Omit paragraph 3.

15Amendment of Article 11I1

(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 11AI1

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 12I1

Omit Article 12 (committee procedure).

18Omission of Article 13I1

Omit Article 13 (exercise of the delegation).

19Omission of Article 14I1

Omit Article 14.

20Omission of text following Article 14I1

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

21Amendment of Annex II1

(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 III1

Omit Annex II.

Signature

Signed by authority of the Secretary of State for Transport

Jesse Norman

Minister of State

Department for Transport

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.