COMMISSION IMPLEMENTING DECISION (EU) 2020/1714

of 16 November 2020

amending Implementing Decision (EU) 2019/1119 as regards the testing methodology for certain not-off vehicle charging hybrid electric passenger cars and to take into account the use of alternative fuels and Implementing Decision (EU) 2020/1339 as regards rear position lamps

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (1), and in particular Article 11(4) thereof,

Whereas:

(1) On 7 February 2020, the manufacturers Audi AG, Bayerische Motoren Werke AG, Daimler AG, FCA Italy S.p.A, Ford-Werke GmbH, Honda Motor Europe Ltd, Hyundai Motor Europe Technical Center GmbH, Jaguar Land Rover Ltd, OPEL Automobile GmbH-PSA, Automobiles Citroën, Automobiles Peugeot, PSA Automobiles SA, Renault, Škoda Auto a.s, Toyota Motor Europe and Volkswagen Nutzfahrzeuge jointly submitted a request (‘the first request’), pursuant to Article 12a of Commission Implementing Regulation (EU) No 725/2011 (2), to amend Commission Implementing Decision (EU) 2019/1119 (3) in order to modify the testing methodology for certain not-off vehicle charging hybrid electric vehicles (NOVC-HEVs) of category M1.

(2) On 21 April 2020, the manufacturers FCA Italy S.p.A, Jaguar Land Rover Ltd., OPEL Automobile GmbH-PSA, Automobiles Citroën, Automobiles Peugeot, PSA Automobiles SA, Renault, Škoda Auto a.s and Ford-Werke GmbH jointly submitted a request (‘the second request’), pursuant to Article 12a of Implementing Regulation (EU) No 725/2011, to amend Implementing Decision (EU) 2019/1119 to take into account the use of liquefied petroleum gas (LPG), compressed natural gas (CNG) and ethanol (E85).

(3) The Commission assessed both requests in accordance with Article 11 of Regulation (EU) 2019/631, 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 and Regulation (EU) No 510/2011’ (July 2018 Revision (V2)) (4).

(4) In the first request, the requestors ask to modify the testing methodology set out in the Annex to Implementing Decision (EU) 2019/1119 to allow the testing conditions for internal combustion engine powered passenger cars to apply to NOVC-HEVs for which uncorrected measured fuel consumption and CO2 emission values may be used in accordance with paragraph 1.1.4 of Appendix 2 to Sub-Annex 8 to Annex XXI to Commission Regulation (EU) 2017/1151 (5).

(5) In support of their request, the requestors have provided evidence showing that due to the low degree of electrification of the specific category of NOVC-HEVs concerned, a statistically significant CO2 correction factor, as referred to under point 4.1.2 of the Annex to Implementing Decision (EU) 2019/1119, cannot be determined.

(6) Taking into account the arguments presented, due to the low degree of electrification, NOVC-HEVs for which uncorrected measured fuel consumption and CO2 emission values may be used in accordance with paragraph 1.1.4 of Appendix 2 to Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151 should, for the purposes of calculating the CO2 savings of the innovative technology in question, be considered as equivalent to vehicles powered by internal combustion engines. Consequently, the testing conditions for internal combustion engine powered passenger cars, set out in the Annex to Implementing Decision (EU) 2019/1119 should apply to this specific category of NOVC-HEVs. As regards other NOVC-HEVs, the testing methodology should remain unchanged.

(7) As regards the second request, it is justified to clarify the testing methodology by adding fuel conversion and power consumption factors for LPG and CNG fuels. In view of the limited availability of E85 on the Union market as a whole, it is, however, not considered justified to distinguish that fuel from petrol for the purpose of the testing methodology.

(8) Taking into account new information on the usage factors for cornering and static bending lights, it is appropriate to replace the existing usage factors provided for those lights in Implementing Decision (EU) 2019/1119 by more conservative factors as set out in Commission Implementing Decision (EU) 2020/1339 (6).

(9) To ensure legal certainty, manufacturers should be able to submit applications for certification of CO2 savings to type approval authorities in accordance with Implementing Decision (EU) 2019/1119 in its version of 28 June 2019, during a certain period. The amendments set out in this Decision do not affect the validity of certifications granted pursuant to Implementing Decision (EU) 2019/1119 in that version.

(10) In the application that was approved by Implementing Decision (EU) 2020/1339, evidence was provided showing that the use of efficient LED lights in rear position lamps does not exceed the market penetration threshold referred to in Article 2(2)(a) of Commission Implementing Regulation (EU) No 427/2014 (7) and those lamps should therefore have been included in the scope of Implementing Decision (EU) 2020/1339. It is therefore appropriate to amend that Decision to include rear position lamps.

(11) As CO2 savings certified pursuant to Implementing Decision (EU) 2019/1119 may be taken into account for the calculation of the average specific emissions of a manufacturer starting from calendar year 2021, this Decision should enter into force promptly.

(12) Implementing Decisions (EU) 2019/1119 and (EU) 2020/1339 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1 Amendments to Implementing Decision (EU) 2019/1119 Implementing Decision (EU) 2019/1119 is amended as follows: (1) in Article 4, the following paragraph 2a is inserted: ‘2a. Where the innovative technology is fitted in a bi-fuel or flex-fuel vehicle, the approval authority shall record the CO2 savings as follows: (a) for a bi-fuel vehicle using petrol and gaseous fuels, the CO2 savings with regard to LPG or CNG fuels; (b) for a flex-fuel vehicle using petrol and E85, the CO2 savings with regard to petrol.’; (2) Article 5 is replaced by the following: ‘Article 5 Transitional period and eco-innovation codes 1. Until 24 March 2021, a manufacturer may apply for certification of the CO2 savings by the type approval authority pursuant to this Decision in its version of 28 June 2019. Where that is the case, the eco-innovation code No 28 shall be entered into the type approval documentation. 2. Where the manufacturer applies for certification of the CO2 savings by the type approval authority pursuant to this Decision without making reference to its version of 28 June 2019, the eco-innovation code No 37 shall be entered into the type approval documentation. 3. CO2 savings recorded by reference to the eco-innovation code No 28 or No 37 may be taken into account for the calculation of the average specific emissions of a manufacturer starting from calendar year 2021.’; (3) the Annex is amended as follows: (a) point 2 is amended as follows: (i) the entry CF is replaced by the following: ‘CF — Conversion factor as defined in Table 5’; (ii) the entry VPe is replaced by the following: ‘VPe — Consumption of effective power as defined in Table 4’; (b) point 4.1.1 is amended as follows: (i) the title is replaced by the following: ‘4.1.1. Internal combustion engine powered passenger cars and NOVC-HEVs of category M1 for which uncorrected measured fuel consumption and CO2 emission values may be used in accordance with paragraph 1.1.4 of Appendix 2 to Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151’, (ii) Table 4 is replaced by the following: ‘Table 4 Consumption of effective power Type of Engine Consumption of effective power (VPe) [l/kWh] Petrol/E85 0,264 Petrol/E85 Turbo 0,280 Diesel 0,220 LPG 0,342 LPG Turbo 0,363 Consumption of effective power (VPe) [m3/kWh] CNG (G20) 0,259 CNG (G20) Turbo 0,275’ (iii) the term ‘CF: Conversion factor (l/100 km) - (g CO2/km) [gCO2/l] as specified in Table 5:’ is replaced by the following: ‘CF: Conversion factor as defined in Table 5.’; (iv) Table 5 is replaced by the following: ‘Table 5 Fuel conversion factor Type of fuel Conversion factor (CF) [gCO2/l] Petrol/E85 2 330 Diesel 2 640 LPG 1 629 Conversion factor (CF) [gCO2/m3] CNG (G20) 1 795 ’ (v) in Table 6, the entries for cornering lamp and static bending lamp are replaced by the following: ‘Cornering lamp 0,019 Static Bending lamp 0,039’, (c) point 4.1.2 is amended as follows: (i) the title is replaced by the following: ‘4.1.2. NOVC-HEVs not falling within the scope of point 4.1.1’, (ii) the title of Table 7 is replaced by the following: ‘Efficiency of the DC-DC converter for different vehicle light architectures’, (d) point 4.2 is amended as follows: (i) the title of point 4.2.1 is replaced by the following: ‘4.2.1. Internal combustion engine powered passenger cars and NOVC-HEVs of category M1 for which uncorrected measured fuel consumption and CO2 emission values may be used in accordance with paragraph 1.1.4 of Appendix 2 to Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151’, (ii) the title of point 4.2.2 is replaced by the following: ‘4.2.2. NOVC-HEVs not falling within the scope of point 4.2.1’.

Article 2 Amendments to Implementing Decision (EU) 2020/1339 Implementing Decision (EU) 2020/1339 is amended as follows: (1) in Article 1, the following point (n) is added: ‘(n) rear position lamp.’; (2) the Annex is amended as follows: (a) in Table 3, the following entry is added: ‘Rear position lamp 12’ (b) in Table 4, the following entry is added: ‘Rear position lamp 0,36’

Article 3 Entry into force This Decision shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 16 November 2020. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 111, 25.4.2019, p. 13.

(2) Commission Implementing Regulation (EU) No 725/2011 of 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) Commission Implementing Decision (EU) 2019/1119 of 28 June 2019 on the approval of efficient vehicle exterior lighting using light emitting diodes for use in internal combustion engine vehicles and 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 (OJ L 176, 1.7.2019, p. 67).

(4) https://circabc.europa.eu/sd/a/a19b42c8-8e87-4b24-a78b-9b70760f82a9/July%202018%20Technical%20Guidelines.pdf

(5) Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing 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, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).

(6) Commission Implementing Decision (EU) 2020/1339 of 23 September 2020 on the approval pursuant to Regulation (EU) 2019/631 of the European Parliament and of the Council of efficient vehicle exterior lighting using light emitting diodes as an innovative technology for reducing CO2 emissions from certain light commercial vehicles in relation to the Worldwide Harmonised Light Vehicle Test Procedure (OJ L 313, 28.9.2020, p. 4).

(7) Commission Implementing Regulation (EU) No 427/2014 of 25 April 2014 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (OJ L 125, 26.4.2014, p. 57).