Citation and commencement

1.—(1) These Regulations may be cited as the Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2021.

(2) These Regulations come into force on 1st September 2021.

Amendment of Regulation (EU) No 2019/631

2.—(1) Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO₂emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009and (EU) No 510/2011( 3), is amended as follows.

(2) In Article 1 (subject matter and objectives)—

(a) in paragraph 2—

(i) in both places that it occurs, for “Great Britain fleet-wide” substitute “United Kingdom fleet-wide”;

(ii) for “in Great Britain” substitute “in the United Kingdom”;

(b) in paragraphs 4 and 5, in each place that it occurs, for “Great Britain fleet-wide” substitute “United Kingdom fleet-wide”.

(3) In Article 2 (scope)—

(a) in paragraphs 1, 2, 4 and 5, in each place that it occurs, for “Great Britain” substitute “the United Kingdom”;

(b) after paragraph 5, insert—

“(6)  This Regulation does not apply to any vehicle which is—

(a) registered in Northern Ireland between the period starting on 1st January 2021 and ending on 31st August 2021; and

(b) not registered in Great Britain within three months of being registered in Northern Ireland. ”.

(4) In Article 3(1) (definitions), in point (k), for “Great Britain fleet-wide” substitute “United Kingdom fleet-wide”.

(5) In Article 7(1) (motoring and reporting of average emissions), in both places that it occurs, for “Great Britain” substitute “the United Kingdom”.

(6) In Article 8 (excess emissions premium)—

(a) in paragraph 4, after point (b) insert—

“(c) in Northern Ireland is recoverable as if it were payable under an order of the county court in Northern Ireland. ”;

(b) in paragraph 5—

(i) the words from “in relation to England and Wales” to the end become point (a);

(ii) after point (a) insert—

“(b) in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgements Enforcement (Northern Ireland) Order 1981( 4) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order. ”.

(7) In Article 9 (publication of performance of manufacturers)—

(a) in paragraph 1, in points (d) to (f), for “Great Britain” substitute “the United Kingdom”;

(b) in paragraph 3, in point (a), for “Great Britain fleet-wide” substitute “United Kingdom fleet-wide”.

(8) In Article 10 (derogations for certain manufacturers)—

(a) in paragraph 1, in the opening words and in point (b), for “Great Britain” substitute “the United Kingdom”;

(b) in paragraph 4, in the first sub-paragraph, for “Great Britain” substitute “the United Kingdom”.

(9) In Article 15(3) (review and report) for “Great Britain fleet-wide” substitute “United Kingdom fleet-wide”.

(10) In Annex 1—

(a) in Part A (specific emissions targets for passenger cars), in point 6, in each place that it occurs, for “Great Britain fleet-wide” substitute “United Kingdom fleet-wide”;

(b) in Part B (specific emissions targets for light commercial vehicles), in point 6, in each place that it occurs, for “Great Britain fleet-wide” substitute “United Kingdom fleet-wide”.

(11) In Part A of Annex 2 (collection of data on new passenger cars etc.), in the opening words of point 1, for “Great Britain” substitute “the United Kingdom”.

(12) In Annex 3—

(a) in Part A (collection of data on new light commercial vehicles etc.), in the opening words of point 1.1, for “Great Britain” substitute “the United Kingdom”;

(b) in Part B (methodology for determining CO₂monitoring information for new light commercial vehicles), in point 1, for “Great Britain” substitute “the United Kingdom”.

Amendment of Commission Delegated Regulation (EU) No 114/2013

3.—(1) Commission Delegated Regulation (EU) No 114/2013of 6 November 2012 supplementing Regulation (EU) No 510/2011of the European Parliament and of the Council with regard to rules for the application for a derogation from the specific CO₂emissions targets for new light commercial vehicles( 5) is amended as follows.

(2) In Annex 1, in point 2—

(a) in the text preceding the table—

(i) in the first place that it occurs, for “Great Britain” substitute “United Kingdom”;

(ii) in the second place that it occurs, for “Great Britain” substitute “the United Kingdom”;

(b) in the table, for “Great Britain” substitute “United Kingdom”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend retained EU legislation relating to CO₂emissions performance targets for passenger cars and light commercial vehicles (vans).

On 18th December 2020, Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO₂emission performance standards for new passenger cars and for new light commercial vehicles (OJ L 111, 25.4.2019, p. 13-53) ceased to fall within scope of Annex 2 to the Protocol on Ireland/Northern Ireland of the EU withdrawal agreement. Consequently, that Regulation, together with the legislation implementing it, ceased to have effect in Northern Ireland.

Regulation 2 of these Regulations amends Regulation (EU) 2019/631 as retained in UK law (EUR 2019/631) to extend its application to vehicles registered in Northern Ireland.

Regulation 3 makes minor consequential amendments to Commission Delegated Regulation (EU) No 114/2013of 6 November 2012 supplementing Regulation (EU) No 510/2011of the European Parliament and of the Council with regard to rules for the application for a derogation from the specific CO₂emissions targets for new light commercial vehicles, as retained in UK law (EUR 2013/114).

A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum is available alongside this instrument on the UK legislation website,www.legislation.gov.uk.