EN Official Journal of the European Union L 259/71

COMMISSION IMPLEMENTING DECISION (EU) 2016/1721

of 26 September 2016

on the approval of the Toyota efficient exterior lighting using light emitting diodes for the use in non-externally chargeable hybrid electrified vehicles as an innovative technology for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emissions performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles (1), and in particular Article 12(4) thereof,

Whereas:

(1) The manufacturer Toyota Motor Europe NV/SA (the ‘Applicant’) submitted an application for the approval of the Toyota light emitting diodes (LEDs) for the use in non-externally chargeable hybrid electrified M1 vehicles (NOVC-HEVs) as an innovative technology on 9 December 2015. The completeness of that application was assessed in accordance with Article 4 of Commission Implementing Regulation (EU) No 725/2011 (2). The application was found to be complete and the period for the Commission's assessment of the application started on the day following the date of official receipt of the complete information, i.e. 10 December 2015.

(2) The application has been assessed in accordance with Article 12 of Regulation (EC) No 443/2009, Implementing Regulation (EU) No 725/2011 and the Technical Guidelines for the preparation of applications for the approval of innovative technologies pursuant to Regulation (EC) No 443/2009 (the Technical Guidelines, version February 2013) (3).

(3) The application refers to the Toyota efficient LEDs for use in NOVC-HEV in the low beam headlamp, high beam headlamp, front position lamp, front fog lamp, rear fog lamp, front turn signal lamp, rear turn signal lamp, rear fog lamp, licence plate and reversing lamps.

(4) The Commission finds that the information provided in the application demonstrates that the conditions and criteria referred to in Article 12 of Regulation (EC) No 443/2009 and in Articles 2 and 4 of Implementing Regulation (EU) No 725/2011 have been met.

(5) The Applicant has demonstrated that the use of the Toyota LEDs in the relevant lamps did not exceed 3 % of the new passenger cars registered in the reference year 2009. In support of this the Applicant has referred to the Technical Guidelines, which provides for the summary of the CLEPA LIGHT Sight Safety report.

(6) The Applicant has in accordance with the simplified approach described in the Technical Guidelines used halogen lighting as baseline technology for demonstrating the CO2 reducing capacity of the Toyota LEDs.

(7) In order to take into account the presence in a NOVC-HEV of two power sources (i.e. the internal combustion engine and the electric powertrain) a different approach is required for the conversion of power savings to CO2 savings compared to the methodology set out in Commission Implementing Decision (EU) 2016/587 (4).

(8) The Applicant has provided a specific methodology for testing the CO2 reductions from LEDs fitted in such vehicles. The Commission considers that the testing methodology is appropriate for addressing the issue and that it will provide testing results that are verifiable, repeatable and comparable and capable of demonstrating in a realistic manner the CO2 emissions benefits of the innovative technology with strong statistical significance in accordance with Article 6 of Implementing Regulation (EU) No 725/2011.

(9) Against that background the Commission finds that the Applicant has demonstrated satisfactorily that the emission reduction achieved by the Toyota LED lightings for the use in NOVC-HEV in appropriate combinations of a low beam headlamp, high beam headlamp, front position lamp, front fog lamp, rear fog lamp and licence plate lamp is at least 1 g CO2/km.

(10) Since the activation of the LED lightings for the lamps listed in the application is not required for the CO2 emissions type-approval test referred to in Regulation (EC) No 715/2007 of the European Parliament and of the Council (5) and Commission Regulation (EC) No 692/2008 (6), the Commission is satisfied that the LED lighting functions in question are not covered by the standard test cycle.

(11) The activation of the lighting functions concerned is mandatory to ensure the safe operation of the vehicle and as a consequence not dependant on the choice of the driver. On that basis the Commission finds that the manufacturer should be considered accountable for the CO2 emission reduction due to the use of the innovative technology.

(12) The Commission finds that the verification report has been prepared by Vehicles Certification Agency which is an independent and certified body and that the report supports the findings set out in the application.

(13) Against that background, the Commission finds that no objections should be raised as regards the approval of the innovative technology in question.

(14) For the purposes of determining the general eco-innovation code to be used in the relevant type-approval documents in accordance with Annexes I, VIII and IX to Directive 2007/46/EC of the European Parliament and of the Council (7), the individual code to be used for the innovative technology approved through this Implementing Decision should be specified,

HAS ADOPTED THIS DECISION:

Article 1

1. The Toyota light emitting diodes (LEDs) for use in non-externally chargeable hybrid electrified M1 vehicles (NOVC-HEV) in the low beam headlamp, high beam headlamp, front position lamp, front fog lamp, front turn signal lamp, rear turn signal lamp, rear fog lamp, licence plate lamp and reversing lamp is approved as an innovative technology within the meaning of Article 12 of Regulation (EC) No 443/2009.

2. The CO2 emissions reduction from the use of the Toyota LEDs in NOVC-HEV in all, or an appropriate combination of the lighting functions referred to in paragraph 1 shall be determined using the methodology set out in the Annex.

3. The individual eco-innovation code to be entered into type-approval documentation to be used for the innovative technology approved through this Implementing Decision shall be ‘20’.

Article 2

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

Done at Brussels, 26 September 2016. For the Commission The President Jean-Claude JUNCKER

(1) OJ L 140, 5.6.2009, p. 1.

(2) Commission Implementing Regulation (EU) No 725/2011of 25 July 2011 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 194, 26.7.2011, p. 19).

(3) https://circabc.europa.eu/w/browse/42c4a33e-6fd7-44aa-adac-f28620bd436f

(4) Commission Implementing Decision (EU) 2016/587 of 14 April 2016 on the approval of the technology used in efficient vehicle exterior lighting using light emitting diodes as an innovative technology for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 101, 16.4.2016, p. 17).

(5) Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).

(6) Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 199, 28.7.2008, p. 1).

(7) Directive 2007/46/EC of the European Parliament ad of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).