Legal provisions of COM(2021)556 - Amendment of 2019/631 as regards strengthening the CO2 emission performance standards for new passenger cars and new light commercial vehicles

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Article 1

Regulation (EU) 2019/631 is amended as follows:

(1) Article 1 is amended as follows:

(a) paragraph 5 is amended as follows:

(i) in point (a), the figure “37,5 %” is replaced by ‘55 %’,

(ii) in point (b), the figure “31 %” is replaced by ‘50 %’,

(b) the following paragraph 5a is inserted:

‘5a. From 1 January 2035, the following EU fleet-wide targets shall apply:

(a) for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 100 % reduction of the target in 2021 determined in accordance with Part A, point 6.1.3, of Annex I;

(b) for the average emissions of the new light commercial vehicles fleet, an EU fleet-wide target equal to a 100 % reduction of the target in 2021 determined in accordance with Part B, point 6.1.3, of Annex I.

(c) in paragraph 6, the words “From 1 January 2025,” are replaced by ‘From 1 January 2025 to 31 December 2029,’,

(d) paragraph 7 is deleted;

(2) Article 2 is amended as follows:

(a) paragraph 1 is amended as follows:

(a) in point (a) the reference to ’Annex II to Directive 2007/46/EC’ is replaced by ‘Article 4(1), point (a)(i), of Regulation (EU) 2018/858’,

(b) point (b) is replaced by the following:

‘(b) category N1 as defined in Article 4(1), point (b)(i), of Regulation (EU) 2018/858 and falling within the scope of Regulation (EC) No 715/2007 (‘light commercial vehicles’), which are registered in the Union for the first time and which have not previously been registered outside the Union (‘new light commercial vehicles’); in the case of zero-emission vehicles of category N with a reference mass exceeding 2 610 kg or 2 840 kg, as the case may be, they shall, from 1 January 2025, for the purposes of this Regulation and without prejudice to Regulation (EU) 2018/858 and Regulation (EC) No 715/2007, be counted as light commercial vehicles falling within the scope of this Regulation if the excess reference mass is due only to the mass of the energy storage system.’,

(b) in paragraph 3, the reference to “point 5 of Part A of Annex II to Directive 2007/46/EC” is replaced by a reference to ‘ Part A, point 5, of Annex I to Regulation (EU) 2018/858’;

(3) in Article 3, paragraph 1 is amended as follows:

(a) the introductory sentence is replaced by the following:

‘For the purposes of this Regulation, the definitions in Regulation (EU) 2018/858 shall apply. The following definitions shall also apply:’,

(b) points (b) to (g) and points (i) and (n) are deleted;

(4) in Article 4(1), the following subparagraph is added:

‘For the purposes of point (c), where the specific emission target determined in accordance with Part A, point 6.3., of Annex I or Part B, point 6.3., of Annex I is negative, the specific emission target shall be 0 g/km.’;

(5) Article 7 is amended as follows:

(a) the following paragraph 6a is inserted:

‘6a. Where the Commission finds that the provisional data submitted by Member States in accordance with paragraph 2, or the data notified by the manufacturers in accordance with paragraph 5, is based on incorrect data in the type approval documentation or in the certificates of conformity, the Commission shall inform the type approval authority or, where applicable, the manufacturer and request the type approval authority or, where applicable, the manufacturer to issue a statement of correction specifying the corrected data. The statement of correction shall be transmitted to the Commission and the corrected data shall be used to amend the provisional calculations under paragraph 4.’,

(b) paragraph 11 is deleted;

(6) in Article 10(2), the first sentence is replaced by the following:

‘A derogation applied for under paragraph 1 may be granted from the specific emission targets applicable until and including calendar year 2029.’;

(7) in Article 13(3), the following second sentence is added:

‘Where the data in the type approval documentation may not be corrected under Regulation (EU) 2018/858, the responsible type-approval authority shall issue a statement of correction with the corrected data and transmit that statement to the Commission and the parties concerned.’;

(8) in Article 14(2), the words ‘supplement this Regulation by establishing the measures referred to in’ is replaced by ‘amend Annex I as provided for in’;

(9) the following Article 14a is inserted:

‘Article 14a

Progress report

By 31 December 2025, and every two years thereafter, the Commission shall report on the progress towards zero emission road mobility. The report shall in particular monitor and assess the need for possible additional measures to facilitate the transition, including through financial means.

In the reporting, the Commission shall consider all factors that contribute to a cost-efficient progress towards climate neutrality by 2050. This includes the deployment of zero- and low-emission vehicles, progress in achieving the targets for the roll-out of recharging and refuelling infrastructure as required under the Alternative Fuels Infrastructure Regulation, the potential contribution of innovation technologies and sustainable alternative fuels to reach climate neutral mobility, impact on consumers, progress in social dialogue as well as aspects to further facilitate an economically viable and socially fair transition towards zero emission road mobility.’;

(10) Article 15 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1. The Commission shall, in 2028, review the effectiveness and impact of this Regulation, building on the two yearly reporting, and submit a report to the European Parliament and to the Council with the result of the review.

The report shall, where appropriate, be accompanied by a proposal for amending this Regulation.’

(b) paragraphs 2 to 5 are deleted,

(c) the following paragraph 9 is added:

‘9. The Commission is empowered to adopt delegated acts in accordance with Article 17 in order to amend the formulae set out in Part B of Annex I, where such amendments are necessary in order to take into account the procedure for multi-stage N1 vehicles set out in Part A of Annex III.’;

(11) Article 17 is amended as follows:

(a) in paragraph 2, the words ‘Article 15(8)’ are replaced by ‘Article 15(8) and (9)’;

(b) in paragraph 3, the words ‘Article 15(8)’ are replaced by ‘Article 15(8) and (9)’;

(c) in paragraph 6, the words ‘Article 15(8)’ are replaced by ‘Article 15(8) and (9)’;

(12) Annex I is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.