COMMISSION IMPLEMENTING DECISION (EU) 2019/1861

of 31 October 2019

amending Implementing Decision (EU) 2016/587 in order to clarify whether the scope of that Implementing Decision includes exterior LED lighting fitted to certain not off-vehicle charging hybrid electric M1 vehicles (NOVC-HEV)

(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 emission 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 Commission approved a testing methodology for determining the CO2 savings from exterior LED lighting fitted on M1 vehicles on 14 April 2016 by Commission Implementation Decision (EU) 2016/587 (2).

(2) The manufacturers Audi AG, Bayerische Motoren Werke AG, Ford-Werke GmbH, Hyundai Motor Europe Technical Center GmbH, Jaguar Land Rover LTD, Volkswagen AG, FCA Italy S.p.A., Automobiles Citroën Automobiles Peugeot PSA Automobiles SA, Opel Automobile GmbH — PSA and Renault SA (the ‘requesters’) submitted a request on 17 December 2018 to clarify whether the scope of that Implementing Decision includes exterior LED lighting fitted to not off-vehicle charging hybrid electric M1 vehicles (NOVC-HEV) that comply with point (3) of paragraph 5.3.2 of Annex 8 to Regulation No 101 of the Economic Commission for Europe of the United Nations (UN/ECE) (3) (UN/ECE Regulation No 101).

(3) The Commission assessed the request in accordance with Article 12 of Regulation (EC) No 443/2009, Commission Implementing Regulation (EU) No 725/2011 (4) and the Technical Guidelines for the preparation of applications for the approval of innovative technologies pursuant to Regulation (EC) No 443/2009. It found that, based on the measurement data provided by the requesters, the testing methodology set out in Implementing Decision (EU) 2016/587 should be considered appropriate for determining the CO2 savings from LED lighting fitted to vehicles belonging to this specific group of NOVC-HEVs.

(4) It is therefore appropriate to clarify that, for any new applications for certification of CO2 savings submitted following the entry into force of this Decision, the scope of Implementing Decision (EU) 2016/587 covers internal combustion engine M1 vehicles and NOVC-HEVs that comply with point (3) of paragraph 5.3.2 of Annex 8 to UN/ECE Regulation No 101.

(5) Implementing Decision (EU) 2016/587 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1 Amendment The introductory sub-paragraph of paragraph 1 of Article 2 of Implementing Decision (EU) 2016/587 is replaced by the following: ‘1. The manufacturer may apply for the certification of CO2 savings from one or several exterior LED lighting intended for use in internal combustion engine M1 vehicles or in not off-vehicle charging hybrid electric M1 vehicles (NOVC-HEVs) that comply with point (3) of paragraph 5.3.2 of Annex 8 to Regulation No 101 of the Economic Commission for Europe of the United Nations, provided that the vehicles are fitted with one or a combination of the following LED lights:’.

Article 2 Entry into force This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 1 shall apply to applications for certification submitted in accordance with Article 11 of Implementing Regulation (EU) No 725/2011 following the entry into force of this Decision.

Done at Brussels, 31 October 2019. For the Commission Miguel ARIAS CAÑETE Member of the Commission

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

(2) 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).

(3) Regulation No 101 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of passenger cars powered by an internal combustion engine only, or powered by a hybrid electric power train with regard to the measurement of the emission of carbon dioxide and fuel consumption and/or the measurement of electric energy consumption and electric range, and of categories M 1 and N 1 vehicles powered by an electric power train only with regard to the measurement of electric energy consumption and electric range (OJ L 138, 26.5.2012, p. 1).

(4) 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).