Explanatory Note

(This note is not part of the Regulations)

These Regulations amend Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 which sets emissions performance standards for new heavy-duty vehicles (the “HDV Regulation”) as previously amended by the New Heavy Duty Vehicles (Carbon Dioxide Emission Performance Standards) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1402) and the Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022 (S.I. 2022/1361). They also amend Commission Implementing Regulation (EU) 2020/1079 of 20 July 2020 on the verification and correction of data referred to in Regulation (EU) 2018/956 on the monitoring and reporting of CO₂ emissions from and fuel consumption of new heavy-duty vehicles (“the Data Regulation”). The HDV Regulation and the Data Regulation are secondary assimilated law within the meaning of section 11(2)(a) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28) read with section 5(1) of that Act.

Regulation 2 amends the HDV Regulation. Paragraphs (2) and (3) amend Articles 2 and 3 with the effect that where a heavy-duty vehicle was registered for the first time in the period from 1st July 2019 to 30th June 2020 in the European Union or the United Kingdom, or outside the European Union and the United Kingdom less than three months before that registration, its CO₂ emissions are used to calculate the reference emissions in accordance with point 3 of Annex I to the HDV Regulation. Its CO₂ emissions are the average of CO₂ emissions against which the extent of any subsequent reductions in emissions is measured. Paragraphs (4), (5) and (7) amend references to the first reporting period from the year 2019 to the year 2020. Paragraph (7) also corrects an error in a formula for calculating emission credits and emission debts for the years 2025 to 2029 (see sub-paragraph (b)(ii)(bb)). Paragraph (6) amends the provision relating to the deviations from reported information on CO₂ emissions which the Secretary of State must take into account for the purpose of calculating CO₂ emissions to include deviations reported by manufacturers. It also requires the Secretary of State to amend, where appropriate, the list which the Secretary of State is required to publish annually in relation to each manufacturer’s CO₂ emissions.

Regulation 3 amends the Data Regulation to correct deficiencies in that Regulation to ensure its operability in the United Kingdom.

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 on request 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.