Citation and commencement

1. These Regulations may be cited as the Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019.

2. These Regulations come into force on the later of exit day or the day after the day on which they are made.

Amendment of Regulation (EU) 2018/956 of the European Parliament and of the Council of 28 June 2018 on the monitoring and reporting of CO ₂ emissions from and fuel consumption of new heavy-duty vehicles

3. Regulation (EU) 2018/956 of the European Parliament and of the Council of 28 June 2018 on the monitoring and reporting of CO ₂ emissions from and fuel consumption of new heavy-duty vehicles is amended as follows.

Amendment of Article 1

4. In Article 1 (subject matter), for “Union” substitute “ United Kingdom ” .

Amendment of Article 2

5. In Article 2 (scope), in the first paragraph, for “Member States” substitute “ the Secretary of State ” .

Amendment of Article 3

6. For Article 3 (definitions) substitute—

“ For the purposes of this Regulation—

Amendment of Article 4

7. For Article 4 (including the heading) substitute—

“ Article 4 Monitoring and reporting in respect of Part A of Annex 1

1. From 1 January 2021, the Secretary of State must monitor the data specified in Part A of Annex 1 relating to new heavy-duty vehicles registered for the first time in the United Kingdom.

2. By 30 September each year, starting in 2021, manufacturers must report to the Secretary of State those data of the previous reporting period of 1 July to 30 June.

3. Data relating to new heavy-duty vehicles that were registered previously outside the United Kingdom shall not be monitored and reported, unless that registration was made less than three months before registration in the United Kingdom. ” .

Amendment of Article 5

8. For Article 5 (including the heading) substitute—

“ Article 5 Monitoring and reporting in respect of Part B of Annex 1

1. From the starting years set out in point 1 of Part B of Annex I, manufacturers of heavy-duty vehicles must monitor the data specified in point 2 of Part B of Annex 1, for each new heavy-duty vehicle.

By 30 September each year, starting in 2021, manufacturers must report to the Secretary of State the data specified in point 2 of Part B of Annex 1, for each new heavy-duty vehicle with a date of simulation falling within the preceding reporting period of 1 July to 30 June.

The date of simulation must be the date reported in accordance with data entry 71 in point 2 of Part B of Annex 1.

2. Each manufacturer must appoint a contact point for the purpose of reporting data in accordance with this Regulation. ” .

Amendment of Article 6

9. —(1)Article 6 (Central Register for data on heavy-duty vehicles) is amended as follows.

(2) In paragraph 1, in the first subparagraph—

(a) for “Commission” substitute “ Secretary of State ” ;

(b) after “(‘the Register’)” insert “ monitored and ” .

(3) Omit paragraph 2.

Insertion of new Article 6A

10. After Article 6, insert—

“ Article 6A Data Processing

1. The Secretary of State must process the data monitored and reported in accordance with Articles 4 and 5(1), and must record the processed data in the Register.

2. The data relating to heavy-duty vehicles registered in the preceding calendar year and recorded in the Register must be made public by 30 April each year, starting from 2022 , with the exception of the data entries specified in Article 6(1).

3. Where manufacturers identify errors in the data submitted to the Secretary of State, they must, without delay, notify those errors to the Secretary of State ... .

4. The Secretary of State must verify the notified errors and, where appropriate, correct the data in the Register. ” .

Amendment of Article 7

11. —(1)Article 7 (monitoring of the results of on-road verification tests) is amended as follows.

(2) In paragraph 1, for “Commission” substitute “ Secretary of State ” .

(3) For paragraph 2, substitute—

“ 2. Holders of the results of on-road tests performed within the framework of Regulation (EC) No 595/2009 must provide those results to the Secretary of State in accordance with regulations.

3. Regulations may, for the purposes of this Article, specify the data to be reported by the holders of on-road verification test data to the Secretary of State. ” .

Amendment of Article 8

12. —(1)Article 8 (data quality) is amended as follows.

(2) In paragraph 1—

(a) omit “The competent authorities and”;

(b) for “Articles 4 and 5” substitute “ Article 5 ” ;

(c) for “Commission” substitute “ Secretary of State ” .

(3) In paragraph 2—

(a) for “Commission” substitute “ Secretary of State ” ;

(b) for “its” substitute “ his or her ” ;

(c) for “Articles 4 and 5” substitute “ Article 5 ” .

(4) In paragraph 3—

(a) for “Commission” substitute “ Secretary of State ” ;

(b) for “its” substitute “ his or her ” ;

(c) for “it” substitute “ the Secretary of State ” .

(5) For paragraph 4, substitute—

“ 4. Regulations may specify the verification and correction measures referred to in paragraphs 2 and 3 of this Article. ” .

Amendment of Article 9

13. —(1)Article 9 (administrative fines) is amended as follows.

(2) In paragraph 1—

(a) in the first subparagraph—

(i) for “Commission” substitute “ Secretary of State ” ;

(ii) in point (a), for “it” substitute “ the Secretary of State ” ;

(b) in the second subparagraph, for “Commission” substitute “ Secretary of State ” ;

(c) in the third subparagraph—

(i) omit “shall be effective, proportional and dissuasive and”;

(ii) for “EUR 30 000” substitute “ £26,000 ” .

(3) For paragraph 2, substitute—

“ 2. Regulations may make provision in relation to administrative fines.

Regulations made under this paragraph may, in particular:

(a) make provision about the amount of an administrative fine;

(b) provide for the payment of an administrative fine into the consolidated fund;

(c) set out the procedure to be followed in imposing an administrative fine;

(d) set out the procedure for the collection and enforcement of an administrative fine;

(e) provide for a right of appeal against the imposition of a penalty. ” .

(4) In paragraph 3—

(a) for the opening words substitute “ The Secretary of State, in making regulations under paragraph 2, must have regard to the following principles ” ;

(b) in point (a) omit “the procedure established by the Commission shall respect”;

(c) in point (b)—

(i) for “Commission” substitute “ Secretary of State ” ;

(ii) omit “be guided by the principles of effectiveness, proportionality and dissuasiveness,”;

(iii) for “taking” substitute “ take ” .

(5) Omit paragraph 4.

Amendment of Article 10

14. —(1)Article 10 (report) is amended as follows.

(2) For paragraph 1 substitute:

“ 1. By 30 April every year, starting in 2022, the Secretary of State must publish an annual report with the Secretary of State’s analysis of the data transmitted to it by manufacturers for the preceding reporting period. ” .

(3) In paragraph 2, for “Union as well as that of each Member State” substitute “ United Kingdom ” .

(4) Omit paragraph 3.

Amendment of Article 11

15. —(1)Article 11 is amended as follows.

(2) In the heading, for “Annexes” substitute “ Annex ” .

(3) In paragraph 1—

(a) for the first subparagraph, substitute—

“ Regulations may amend the Annex for the purposes of: ” ;

(b) omit point (d).

(4) Omit paragraph 2.

Insertion of new Article 11A

16. After Article 11, insert—

“ Article 11A Regulations

1. Any power to make regulations under this Regulation—

(a) is exercisable by the Secretary of State by statutory instrument; and

(b) includes power to make:

(i) different provision for different cases or descriptions of case, different circumstances or different purposes;

(ii) consequential, incidental, supplementary, transitional or transitory provision or savings.

2. A statutory instrument containing regulations under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament. ” .

Omission of Article 12

17. Omit Article 12 (committee procedure).

Omission of Article 13

18. Omit Article 13 (exercise of the delegation).

Omission of Article 14

19. Omit Article 14.

Omission of text following Article 14

20. In the text following Article 14, omit the words from “This Regulation” to “Member States”.

Amendment of Annex I

21. —(1) Annex I (rules on data to be monitored and reported) is amended as follows.

(2) In Part A—

(a) in the heading, for “MEMBER STATES” substitute “ THE SECRETARY OF STATE ” .

(b) in point (a), for “Member State territory” substitute “ United Kingdom ” .

(3) In Part C, in the text before the table, for “Commission” substitute “ Secretary of State ” .

Omission of Annex II

22. Omit Annex II.