Legalize / United Kingdom / Statutory-Instrument

The Vehicle Emissions Trading Schemes Order 2023

Type Statutory-Instrument

Publication 2023-12-13

Last updated 2026-01-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) This paragraph and paragraphs 2, 3 and 5 of this Article, and Articles 1, 3, 11, 12, 13, 15, 17, 18 and 19 of this Regulation apply to the whole of the United Kingdom. Those paragraphs and Articles apply to the following vehicles— (a) category M1 as defined in Article 4 of Regulation (EU) 2018/858, as it has effect in domestic law (in respect of vehicles with GB type-approval), or, where relevant, Article 4 of Regulation (EU) 2018/858 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval) (“passenger cars”), which are registered in the United Kingdom for the first time and which have not previously been registered outside the United Kingdom (“new passenger cars”); (b) category N1 as defined in Article 4 of Regulation (EU) 2018/858, as it has effect in domestic law (in respect of vehicles with GB type-approval), or, where relevant, Article 4 of Regulation (EU) 2018/858 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), with a reference mass not exceeding 2 610 kg, and vehicles of category N1 to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007 (“light commercial vehicles”), as it has effect in domestic law (in respect of vehicles with GB type-approval) or, where relevant, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), which are registered in the United Kingdom for the first time and which have not previously been registered outside the United Kingdom (“new light commercial vehicles”). In the case of zero-emission vehicles of category N with a reference mass exceeding 2 610 kg or 2 840 kg, as the case may be, they shall, from 1 January 2025, for the purposes of this Regulation and without prejudice to Regulation (EU) 2018/858 and Regulation (EC) No 715/2007, as those Regulations have effect in domestic law (in respect of vehicles with GB type-approval) and, where relevant, as those Regulations have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), be counted as UK light commercial vehicles falling within the scope of this Regulation if the excess reference mass is due only to the mass of the energy storage system.

(b) after paragraph 1 insert—

(1A) This paragraph and paragraphs 2A, 4 and 5A of this Article, and Articles 4, 5, 6, 7, 7a, 8, 9, 10 and 14 of, and Annexes 1 to 5 to, this Regulation apply in relation to Northern Ireland only. Those paragraphs, Articles and Annexes apply to the following vehicles— (a) category M1 as defined in Article 4 of Regulation (EU) 2018/858, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (“NI passenger cars”) which are registered in Northern Ireland for the first time and which have not previously been registered outside Northern Ireland (“new NI passenger cars”); (b) category N1 as defined in Article 4 of Regulation (EU) 2018/858, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, with a reference mass not exceeding 2 610 kg, and vehicles of category N1 to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007 (“NI light commercial vehicles”), which are registered in Northern Ireland for the first time and which have not previously been registered outside Northern Ireland (“new NI light commercial vehicles”). In the case of zero-emission vehicles of category N with a reference mass exceeding 2 610 kg or 2 840 kg, as the case may be, they shall, from 1 January 2025, for the purposes of this Regulation and without prejudice to Regulation (EU) 2018/858 and Regulation (EC) No 715/2007, as those Regulations have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, be counted as NI light commercial vehicles falling within the scope of this Regulation if the excess reference mass is due only to the mass of the energy storage system.

(d) after paragraph 2 insert—

(2A) For the purposes of paragraph 1A, a previous registration outside Northern Ireland made less than three months before registration in Northern Ireland shall not be taken into account.

(e) in paragraph 5 for “This Regulation” substitute “Paragraph 1”;

(f) after paragraph 5 insert—

(5A) Paragraph 1A shall not apply to any vehicle registered in Northern Ireland which is permanently removed from Northern Ireland within three months after that registration.

(g) omit paragraph 6.

(5) In Article 3(1) (definitions)—

(a) in point (g) (definition of “mass in running order”) omit “in point 2.6 of Annex 1 to Commission Implementing Regulation (EU) 2020/683, as it has effect in domestic law, or, as the case may be,”;

(b) in point (i) (definition of “footprint”) omit “points 2.1 and 2.3 of Annex 1 to Commission Implementing Regulation (EU) 2020/683, as it has effect in domestic law or, as the case may be,”;

(i) for “United Kingdom fleet-wide” substitute “Northern Ireland fleet-wide”;

(ii) for “all new passenger cars or all new light commercial vehicles” substitute “all new NI passenger cars or all new NI light commercial vehicles”;

(d) in point (l) (definition of “test mass”) omit “point 3.2.25 of Annex XXI to Regulation (EU) 2017/1151, as it has effect in domestic law or, as the case may be,”;

(e) after point (p) insert—

(pa) “NI passenger cars” and “new NI passenger cars” have the meanings given in Article 2(1A)(a); (pb) “NI light commercial vehicles” and “new NI light commercial vehicles” have the meanings given in Article 2(1A)(b);

(6) In Article 7 (monitoring and reporting of average emissions)—

(a) in paragraph 1—

(i) for “each new passenger car and each new light commercial vehicle” substitute “each new NI passenger car and each new NI light commercial vehicle”;

(ii) for “the United Kingdom”, in both places where it occurs, substitute “Northern Ireland”;

(iii) for “passenger cars” substitute “NI passenger cars”;

(iv) omit “as it has effect in domestic law, or as the case may be,”;

(b) in paragraph 4 for “new passenger cars and of new light commercial vehicles” substitute “new NI passenger cars and of new NI light commercial vehicles”;

(c) in paragraph 11, in both places where it occurs, omit “in domestic law or, as the case may be, as that Regulation has effect”.

(7) In Article 8 (excess emissions premium), in paragraph 2, for “new passenger cars or new light commercial vehicles” substitute “new NI passenger cars or new NI light commercial vehicles”.

(8) In Article 9 (publication of performance of manufacturers)—

(a) in paragraph 1, in each place where it occurs, for “all new passenger cars and new light commercial vehicles registered in the United Kingdom” substitute “all new NI passenger cars and new NI light commercial vehicles registered in Northern Ireland”;

(b) in paragraph 3(a) for “United Kingdom fleet-wide” substitute “Northern Ireland fleet-wide”.

(9) In Article 10(4) (derogations for certain manufacturers), in point (c), omit “in domestic law or, as the case may be, as that Regulation has effect”.

(10) In Article 11 (eco-innovation), in paragraph 1—

(a) for “average specific emissions of CO₂ of a manufacturer” substitute “CO₂ emissions of a new passenger car or a new light commercial vehicle”;

(b) for “average specific emissions of CO₂ of manufacturers” substitute “CO₂ emissions of new passenger cars or new light commercial vehicles”.

(11) In Article 15 (review and report), in paragraph 3—

(a) for “United Kingdom fleet-wide” substitute “Northern Ireland fleet-wide”;

(b) for “passenger cars and light commercial vehicles” substitute “NI passenger cars and NI light commercial vehicles”.

(12) In Part A of Annex 1 (specific emissions targets for passenger cars)—

(a) in point 4 for “mass in running order (M) of the new passenger cars” substitute “mass in running order (M) of the new NI passenger cars”;

(b) in point 6—

(i) in each place where it occurs, for “United Kingdom fleet-wide” substitute “Northern Ireland fleet-wide”;

(ii) in each place where it occurs, for “registered in 2021” substitute “registered in the United Kingdom in 2021”;

(iii) in point 6.0, for “registered in 2020” substitute “registered in the United Kingdom in 2020”;

(iv) in point 6.3, for “new passenger cars registered in the relevant calendar year” substitute “new NI passenger cars registered in the relevant calendar year”.

(13) In Part B of Annex 1 (specific emissions targets for light commercial vehicles)—

(a) in each place where it occurs, for “United Kingdom fleet-wide” substitute “Northern Ireland fleet-wide”;

(b) in each place where it occurs, for “registered in 2021” substitute “registered in the United Kingdom in 2021”;

(c) in point 4, for “mass (M) of the new light commercial vehicles” substitute “mass (M) of the new NI light commercial vehicles”;

(d) in point 6.0, for “registered in 2020” substitute “registered in the United Kingdom in 2020”;

(e) in point 6.2.1, for “registered in the relevant calendar year” substitute “registered in Northern Ireland in the relevant calendar year”;

(f) in point 6.3.1, in each place where it occurs, for “new light commercial vehicles” substitute “new NI light commercial vehicles”;

(g) in point 6.3.2, in each place where it occurs, for “new light commercial vehicles” substitute “new NI light commercial vehicles”.

(14) In Part A of Annex 2 (collection of data on new passenger cars and determination of CO₂ emissions monitoring information)—

(a) in the heading, for “new passenger cars” substitute “new NI passenger cars”;

(b) in point 1—

(i) for “new passenger car” substitute “new NI passenger car”;

(ii) for “the United Kingdom” substitute “Northern Ireland”;

(d) in point 3—

(i) in point 3(a) for “new passenger cars subject to GB type-approval, UK (NI) type-approval” substitute “new NI passenger cars subject to UK (NI) type-approval”;

(ii) in point 3(b) for “passenger cars” substitute “NI passenger cars”;

(iii) in point 3(c) omit “GB type-approval of small series and”.

(15) In Part B of Annex 2 (format for the transmission of data)—

(a) omit “GB type-approval,”;

(b) omit “GB type-approval of small series and”.

(16) In Part A of Annex 3 (collection of data on new light commercial vehicles and determination of CO₂ emissions monitoring information)—

(a) in the heading, for “new light commercial vehicles” substitute “new NI light commercial vehicles”;

(b) in point 1.1, in the words before point (a)—

(i) omit “GB type-approved,”;

(ii) for “new light commercial vehicle” substitute “new NI light commercial vehicle”;

(iii) for “the United Kingdom” substitute “Northern Ireland”;

(d) in point 1.2.1.2, omit “in domestic law or, as the case may be, as that Regulation has effect”;

(e) in point 1.2.2, in both places where it occurs, omit “in domestic law or, as the case may be, as that Regulation has effect”;

(f) in point 1.2.4, in both places where it occurs, omit “in domestic law or, as the case may be, as that Regulation has effect”;

(g) in point 1.2.4, omit “GB type-approval,”;

(h) in point 2, for “light commercial vehicle” substitute “NI light commercial vehicle”;

(i) in point 3—

(i) in each place where it occurs, for “new light commercial vehicles” substitute “new NI light commercial vehicles”;

(ii) omit “GB type-approval,”;

(iii) omit “GB type-approval of small series and”.

(17) In Part B of Annex 3 (methodology for determining CO₂ monitoring information for new light commercial vehicles)—

(a) in each place where it occurs, including the heading and cross-heading, for “new light commercial vehicles” substitute “new NI light commercial vehicles”;

(b) in point 1—

(i) for “the United Kingdom” substitute “Northern Ireland”;

(ii) omit “GB type-approval,”;

(iii) omit “GB type-approval of small series and”.

(18) In Part C of Annex 3 (formats for transmission of data)—

(a) in Section 1—

(i) omit “GB type-approval,”;

(ii) omit “GB type-approval of small series and”;

(b) in Section 2, in note (2) omit “GB type-approval of small series or”.

Amendment of Regulation (EU) 725/2011 (eco-innovation for passenger cars)

111

(1) Regulation (EU) 725/2011 is amended as follows.

(2) In Article 11(1), for “benefit from a reduction of its average specific CO₂ emissions for the purpose meeting its specific emissions target by means of the CO2 savings from an eco-innovation” substitute “demonstrate certified CO₂ savings from an eco-innovation”.

(3) In Article 12(2), for “decide not to take the certified CO₂ savings into account for the calculation of the average specific emissions of that manufacturer for the following calendar year” substitute—

— (a) in relation to Northern Ireland, decide not to take the certified CO₂ savings into account for the calculation of the average specific emissions of that manufacturer for the following calendar year; and (b) in relation to Great Britain, give notice of that fact to the administrator of the Non-Zero Emission Car CO₂ Trading Scheme, for the purposes of article 36 (3) of the Vehicle Emissions Trading Schemes Order 2023 (measuring activity in the scheme)

(4) In Article 12(3), after “taken into account”, insert “under point (a) of paragraph 2, or in relation to whom a notice is given under point (b) of that paragraph,”.

Amendment of Regulation (EU) 427/2014 (eco-innovations for light commercial vehicles)

112

(1) Regulation (EU) 427/2014 is amended as follows.

(2) In Article 11(1), for “benefit from a reduction of its average specific CO₂ emissions for the purpose meeting its specific emissions target by means of the CO2 savings from an eco-innovation” substitute “demonstrate certified CO₂ savings from an eco-innovation”.

(3) In Article 12(2), for “decide not to take the certified CO₂ savings into account for the calculation of the average specific emissions of that manufacturer for the following calendar year” substitute—

— (a) in relation to Northern Ireland, decide not to take the certified CO₂ savings into account for the calculation of the average specific emissions of that manufacturer for the following calendar year; and (b) in relation to Great Britain, give notice of that fact to the administrator of the Non-Zero Emission Van CO₂ Trading Scheme, for the purposes of article 68 (3) of the Vehicle Emissions Trading Schemes Order 2023 (measuring activity in the scheme)

(4) In Article 12(3), after “taken into account”, insert “under point (a) of paragraph 2, or in relation to whom a notice is given under point (b) of that paragraph,”.

Partial revocation and amendment of Regulation (EU) 1014/2010 and Regulation (EU) 293/2012 (monitoring and reporting of data on vehicle registration)

113

(1) Regulation (EU) 1014/2010 and Regulation (EU) 293/2012 are revoked in relation to Great Britain, subject to the savings in article 116.

(2) Regulation (EU) 1014/2010 is amended as follows—

(a) in Article 1, in both places where it occurs, omit “in domestic law and as that Regulation has effect”;

(b) in Article 3(1) (data sources)—

(i) for “passenger car” substitute “NI passenger car”;

(ii) omit “in domestic law and as that Regulation has effect”;

(i) in the heading omit “GB,”;

(ii) for “passenger cars” substitute “NI passenger cars”;

(iii) omit “GB type-approval of small series or”;

(iv) in the first place where it occurs, omit “in domestic law or, as the case may be, as that Regulation has effect”;

(v) omit “Article 45 of Regulation (EU) 2018/858 as it has effect in domestic law or, as the case may be, in accordance with”;

(vi) for “the United Kingdom” substitute “Northern Ireland”;

(d) in Article 7(2)(b) omit “GB type-approval of small series or”;

(e) in Article 8(1), in point (b) omit “Commission Regulation (EU) No 19/2011, as it has effect domestic law, or”.

(3) Regulation (EU) 293/2012 is amended as follows—

(a) in Article 1, in point (a) (subject matter), for “light commercial vehicles as referred to in Article 2(1) of Regulation (EU) No 510/2011” substitute “NI light commercial vehicles as referred to in Article 2(1A)(b) of Regulation (EU) 2019/631”;

(b) in Article 2 omit “in domestic law and as that Regulation has effect”;

(d) in Article 8 (vehicles not covered by GB, UK (NI) or EU type-approval), in the heading omit “GB,”;

(e) in Article 8—

(i) for “light commercial vehicles” substitute “NI light commercial vehicles”;

(ii) omit “GB type-approval of small series and”;

(iii) in the first place where it occurs, omit “in domestic law or, as the case may be, as that Regulation has effect”;

(iv) omit “Article 45 of Regulation (EU) 2018/858, as it has effect in domestic law or, as the case may be,”;

(v) for “the United Kingdom” substitute “Northern Ireland”;

(f) in Article 8, omit “GB type-approval of small series or”;

(g) in Article 10(3) (additional information) for “the United Kingdom” substitute “Northern Ireland”;

(h) in Article 10a(1) (notification of errors by manufacturers) omit “GB type-approval,”.

Partial revocation and amendment of Regulation (EU) 63/2011 and Regulation (EU) 114/2013 (derogations)

114

(1) Regulation (EU) 63/2011 and Regulation (EU) 114/2013 are revoked in relation to Great Britain.

(2) Regulation (EU) 63/2011 is amended as follows—

(a) in Article 5 (specific emissions target and reduction potential), in point (b) of paragraph 3, for “passenger cars” substitute “NI passenger cars”;

(b) in Annex 1 (standard format of derogation application)—

(i) in point 6 for “passenger cars to be launched on the United Kingdom market” substitute “NI passenger cars to be launched on the Northern Ireland market”;

(ii) in point 8.2.2 for “United Kingdom market” substitute “Northern Ireland market”;

(iii) in point 8.2.3 for “United Kingdom market” substitute “Northern Ireland market”;

(c) in Annex 2 (standard format of derogation application), in point 5, in the words before point 5.1, for “United Kingdom” substitute “Northern Ireland”.

(3) Regulation (EU) 114/2013 is amended as follows—

(a) in Article 5 (specific emissions target and reduction potential)—

(i) in point (f) of paragraph 2, in both places where it occurs, for “light commercial vehicles” substitute “NI light commercial vehicles”;

(ii) in point (b) of paragraph 3, for “light commercial vehicles” substitute “NI light commercial vehicles”;

(b) in Annex 1 (standard format of derogation application)—

(i) in point 7, in the heading, for “United Kingdom market” substitute “Northern Ireland market”;

(ii) in point 9.2.2 for “United Kingdom market” substitute “Northern Ireland market”;

(iii) in point 9.2.3 for “United Kingdom market” substitute “Northern Ireland market”.

Revocation of Regulation (EU) 2017/1152 and Regulation (EU) 2017/1153

115

Regulation (EU) 2017/1152 and Regulation (EU) 2017/1153 are revoked.

Savings for monitoring and compliance in relation to Great Britain

116

(1) In this article—

“amendments” means the amendments made by articles 110 and 113;

“EU target” means a manufacturer’s specific emissions target calculated using vehicles of the manufacturer first registered in the European Union in the calculations in points 1 to 3 of Part A or B of Annex I to Regulation (EU) 2019/631 in accordance with article 116(4);

“old scheme year” means a calendar year occurring during the period beginning with 1st January 2021 and ending with 31st December 2023;

“revocations” means the revocations effected by article 110(1) and article 113(1);

“specific emissions obligation” means the duty imposed on a manufacturer by Article 4 of Regulation (EU) 2019/631;

“UK target” means a manufacturer’s specific emissions target calculated using vehicles of the manufacturer first registered in the United Kingdom in the calculations in points 1 to 3 of Part A or B of Annex I to Regulation (EU) 2019/631 in accordance with article 116(4);

(2) The amendments and revocations do not affect—

(a) the operation of the specific emissions obligation in relation to Great Britain in respect of an old scheme year; or

(b) any power conferred, or duty imposed, on a manufacturer, the Secretary of State or the First-tier Tribunal by or under the legislation amended or revoked by the amendments and revocations which may or must be exercised—

(i) after the end of an old scheme year in relation to Great Britain; and

(ii) in relation to the specific emissions obligation in relation to Great Britain in respect of an old scheme year.

(3) Any power mentioned in sub-paragraph (b) of paragraph (2) may, and any duty mentioned in that sub-paragraph must, be exercised on and after the date on which this Order comes into force as if the amendments and revocations had not been effected.

(4) For the purposes of paragraphs (2) and (3), when calculating the specific emissions target in Annex I of Regulation (EU) 2019/631—

(a) in points 1 and 2 of Part A, any reference to “new passenger car” must be read as if it means “motor vehicle of category M1 as defined in Article 4 of Regulation (EU) 2018/858, as it has effect in domestic law (in respect of vehicles with GB type-approval) or, where relevant, Article 4 of Regulation (EU) 2018/858 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), which is registered in the United Kingdom or European Union for the first time and which has not previously been registered outside the United Kingdom or European Union”;

(b) in point 3 of Part A, any reference to “average specific emissions of CO₂” must be read as if it means “in relation to a manufacturer, the average specific CO₂ emissions of motor vehicles of category M1 as defined in Article 4 of Regulation (EU) 2018/858, as it has effect in domestic law (in respect of vehicles with GB type-approval) or, where relevant, Article 4 of Regulation (EU) 2018/858 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), which are registered in the United Kingdom or European Union for the first time and which have not previously been registered outside the United Kingdom or European Union, of which it is the manufacturer”;

(c) in points 1 and 2 of Part B, any reference to “new light commercial vehicle” must be read as if it means “motor vehicle of category N1 as defined in Article 4 of Regulation (EU) 2018/858, as it has effect in domestic law (in respect of vehicles with GB type-approval), or, where relevant, Article 4 of Regulation (EU) 2018/858 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), with a reference mass not exceeding 2 610 kg, and vehicles of category N1 to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007, as it has effect in domestic law (in respect of vehicles with GB type-approval) or, where relevant, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), which is registered in the United Kingdom or European Union for the first time and which has not previously been registered outside the United Kingdom or European Union”; and

(d) in point 3 of Part B, any reference to “average specific emissions of CO₂” must be read as if it means “in relation to a manufacturer, the average specific CO₂ emissions of motor vehicles of category N1 as defined in Article 4 of Regulation (EU) 2018/858, as it has effect in domestic law (in respect of vehicles with GB type-approval), or, where relevant, Article 4 of Regulation (EU) 2018/858 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), with a reference mass not exceeding 2 610 kg, and vehicles of category N1 to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007, as it has effect in domestic law (in respect of vehicles with GB type-approval) or, where relevant, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), which are registered in the United Kingdom or European Union for the first time and which have not previously been registered outside the United Kingdom or European Union, of which it is the manufacturer”.

(5) When determining the specific emissions target in Annex I, the Secretary of State must calculate a UK target and an EU target.

(6) A manufacturer’s specific emissions target is the higher of the UK target or the EU target, unless the manufacturer notifies the Secretary of State otherwise within 30 days of receipt by the manufacturer of their specific emissions target.

Part 9 — Miscellaneous

Crown application

117

This Order applies to the Crown.

Review

118

(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in this Order; and

(b) publish a report setting out the conclusions of the review.

(2) Section 30(4) of the Small Business, Enterprise and Employment Act 2015²⁷ requires that a report published under this article must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision contained in this Order;

(b) assess the extent to which those objectives are achieved;

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(3) The first report must be published before the end of the period of five years beginning with the date on which this Order comes into force.

(4) Subsequent reports must be published at intervals not exceeding five years.

(5) In this article, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Schedule 1 — Baseline for the CCTS and VCTS

Part 1 — Baseline for the CCTS

Interpretation and general

1

In this Part—

(a) the period beginning with 1st January 2021 and ending with 31st December 2021 is referred to as “2021”;

(b) the period beginning with 1st January 2022 and ending with 31st December 2022 is referred to as “2022”;

(d) “adjusted specific emissions of CO₂”, in relation to a car, means the specific emissions of CO₂ of the car, reduced where applicable by the number of grams of CO₂ per kilometre specified in the certificate of conformity of that car as being due to any eco-innovation;

(e) “exempt manufacturer” means a manufacturer to which Article 4, points (b) and (c) of Article 7(4), Article 8 and points (a) and (c) of Article 9(1) of Regulation (EU) 2019/631 did not apply by virtue of Article 2(4) of that Regulation;

(f) “excess emissions premium” means a requirement to pay a specified amount where a manufacturer’s average specific emissions exceed its specific emissions target under Article 8 of Regulation (EU) 2019/631;

(g) “non-ZE car” means a car which has specific emissions of CO₂ greater than zero grams per kilometre;

(h) “pool” means a group of manufacturers which formed a pool for the purposes of meeting their obligations under Article 4 of Regulation (EU) 2019/631;

(i) “pool manager” means a manufacturer nominated as the manager of a pool in accordance with Article 6(2)(b) of Regulation (EU) 2019/631;

(j) “specific emissions target” has the same meaning as it had in Regulation (EU) 2019/631, as it stood immediately before the coming into force of this Order;

(k) “2021 individual NZE average emissions”, in relation to a manufacturer, means the average of the adjusted specific emissions of CO₂ of the non-ZE cars of which that manufacturer is the manufacturer and which were registered during 2021;

(l) “2021 individual specific emissions target” means the specific emissions target for a manufacturer for 2021;

(m) “2021 pool specific emissions target” means the specific emissions target to which the manufacturers in a pool were collectively subject, for the purposes of meeting their obligations under Article 4 of Regulation (EU) 2019/631 for 2021, in accordance with Article 6 of that Regulation;

(n) “2021 individual performance”, in relation to a manufacturer, means the average of the specific emissions of CO₂, as specified in the information published by the Secretary of State pursuant to Article 9(1)(b) of Regulation (EU) 2019/631²⁸, of the non-ZE cars of which the manufacturer was the manufacturer and which were registered during 2021;

(o) “2021 pool performance”, in relation to a pool, means the average of the specific emissions of CO₂, as specified in the information published by the Secretary of State pursuant to Article 9(1)(b) of Regulation (EU) 2019/631, of the non-ZE cars of which a member of the pool was the manufacturer and which were registered during 2021;

(p) “2021 individual excess”, in relation to a manufacturer, is calculated by applying the following formula—

$$A÷B-1$where—“A” is the manufacturer’s 2021 individual performance; and“B” is the manufacturer’s 2021 individual specific emissions target;$

(q) “2021 pool excess”, in relation to a pool, is calculated by applying the following formula—

$$C÷D-1$where—“C” is the pool’s 2021 pool performance; and“D” is the pool’s 2021 pool specific emissions target$

2

Paragraphs 5 to 19 apply for the purposes of calculating the baseline for a CCTS participant consisting of a manufacturer which is not a member of a pool CCTS participant.

3

Paragraph 20 applies for the purposes of calculating the baseline for a CCTS participant which is a pool CCTS participant.

4

A baseline which is calculated in accordance with this Part, if not a whole number, is calculated to three decimal places only.

Existing manufacturer which met 2021 target

5

Paragraph 6 applies for the purpose of calculating the baseline for a CCTS participant—

(a) which had a 2021 individual specific emissions target; and

(b) in relation to which no excess emissions premium was imposed for 2021 on—

(i) the manufacturer; or

(ii) the pool manager for a pool of which the manufacturer was a member for 2021.

6

Where this paragraph applies, the CCTS participant’s baseline is the higher of—

(a) the manufacturer’s 2021 individual NZE average emissions; or

(b) the manufacturer’s 2021 individual specific emissions target.

Exempt manufacturer for 2021

7

The baseline for a CCTS participant which was an exempt manufacturer for 2021 is the manufacturer’s 2021 individual NZE average emissions.

Existing manufacturer which did not meet 2021 target

8

Paragraph 9 applies for the purpose of calculating the baseline for a CCTS participant—

(a) which had a 2021 individual specific emissions target;

(b) which was not a member of a pool for 2021; and

9

Where this paragraph applies, the CCTS participant’s baseline is the number resulting from the application of the following formula—

$$E-E×F$where—“E” is the manufacturer’s 2021 individual NZE average emissions; and“F” is the manufacturer’s 2021 individual excess.$

Existing manufacturer in non-compliant pool met individual 2021 target

10

Paragraph 11 applies for the purpose of calculating the baseline for a CCTS participant which—

(a) had a 2021 individual specific emissions target;

(b) was a member of a pool for 2021 and—

(i) an excess emissions premium was imposed on the pool manager for that pool for 2021; but

(ii) the manufacturer met its individual 2021 specific emissions target.

11

Where this paragraph applies, the CCTS participant’s baseline is the higher of—

(a) the manufacturer’s 2021 individual NZE average emissions; or

(b) the manufacturer’s 2021 individual specific emissions target.

Existing manufacturer in non-compliant pool did not meet individual 2021 target

12

Paragraph 13 applies for the purpose of calculating the baseline for a CCTS participant where—

(a) the manufacturer had a 2021 individual specific emissions target;

(b) the manufacturer was a member of a pool for 2021;

(d) the manufacturer did not meet its 2021 individual specific emissions target.

13

Where this paragraph applies, the CCTS participant’s baseline is the number resulting from the application of the following formula—

$$E-E×H$where—“E” is the manufacturer’s 2021 individual NZE average emissions; and“H” is the 2021 pool excess for the pool of which the manufacturer was a member.$

New manufacturer in 2022

14

Paragraph 15 applies for the purpose of calculating the baseline for a CCTS participant which—

(a) did not have a 2021 individual specific emissions target;

(b) was not an exempt manufacturer for 2021; and

15

Where this paragraph applies, the CCTS participant’s baseline is the average of the adjusted specific emissions of CO₂ of the non-ZE cars of which that CCTS participant is the manufacturer and which were registered during 2022.

New manufacturer in 2023

16

Paragraph 17 applies for the purpose of calculating the baseline for a CCTS participant which—

(a) did not have a 2021 individual specific emissions target;

(b) was not an exempt manufacturer for 2021;

(d) is the manufacturer of a non-ZE car which was registered during 2023.

17

New manufacturer from 2024

18

Paragraph 19 applies for the purpose of calculating the baseline for a CCTS participant which—

(a) did not have a 2021 individual specific emissions target;

(b) was not an exempt manufacturer for 2021;

(d) becomes a CCTS participant, or a member of a pool CCTS participant, on or after the date on which this Order comes into force.

19

Where this paragraph applies, the CCTS participant’s baseline is the average of the adjusted specific emissions of CO₂ of all the non-ZE cars registered during the calendar year preceding the scheme year in which the participant first becomes a CCTS participant, or a member of a pool CCTS participant.

Pool CCTS participant

20

(1) The baseline for a CCTS participant which is a pool CCTS participant is calculated as follows.

Step 1Calculate the baseline for each manufacturer which is a member of the pool CCTS participant in accordance with whichever of paragraphs 5 to 19 is applicable to each manufacturer.

Step 2Multiply each baseline calculated in accordance with step 1—by the number of non-ZE cars of which the manufacturer was the manufacturer and which were registered in 2021; orwhere the manufacturer was not the manufacturer of a non-ZE car which was registered in 2021, by the number of non-ZE cars of which the manufacturer is the manufacturer and which were registered during the calendar year in which the manufacturer first became a CCTS participant or a member of a pool CCTS participant.

Step 3Add together the numbers resulting from step 2.

Step 4Calculate the total number of non-ZE cars of which the manufacturers which are members of the pool CCTS participant are the manufacturer and which were registered—during 2021; orwhere the manufacturer was not the manufacturer of a non-ZE car which was registered in 2021, during the calendar year in which the manufacturer first became a CCTS participant or a member of a pool CCTS participant.

Step 5Divide the number resulting from step 3 by the number resulting from step 4.

(2) The pool CCTS participant’s baseline is the number resulting from step 5.

Part 2 — Baseline for the VCTS

Interpretation and general

21

In this Part—

(a) the period beginning with 1st January 2021 and ending with 31st December 2021 is referred to as “2021”;

(b) the period beginning with 1st January 2022 and ending with 31st December 2022 is referred to as “2022”;

(d) “adjusted specific emissions of CO₂”, in relation to a van, means the specific emissions of CO₂ of the van, reduced where applicable by the number of grams of CO₂ per kilometre specified in the certificate of conformity of that van as being due to any eco-innovation;

(e) “exempt manufacturer” means a manufacturer to which Article 4, points (b) and (c) of Article 7(4), Article 8 and points (a) and (c) of Article 9(1) of Regulation (EU) 2019/631 did not apply by virtue of Article 2(4) of that Regulation;

(f) “excess emissions premium” means a requirement to pay a specified amount where a manufacturer’s average specific emissions exceed its specific emissions target under Article 8 of Regulation (EU) 2019/631;

(g) “non-ZE van” means a van which has specific emissions of CO₂ greater than zero grams per kilometre;

(h) “pool” means a group of manufacturers which formed a pool for the purposes of meeting their obligations under Article 4 of Regulation (EU) 2019/631;

(i) “pool manager” means a manufacturer nominated as the manager of a pool in accordance with Article 6(2)(b) of Regulation (EU) 2019/631;

(j) “specific emissions target” has the same meaning as it had in Regulation (EU) 2019/631, as it stood immediately before the coming into force of this Order;

(k) “2021 individual NZE average emissions”, in relation to a manufacturer, means the average of the adjusted specific emissions of CO₂ of the non-ZE vans of which that manufacturer is the manufacturer and which were registered during 2021;

(l) “2021 individual specific emissions target” means the specific emissions target for a manufacturer for 2021;

(m) “2021 pool specific emissions target” means the specific emissions target to which the manufacturers in a pool were collectively subject, for the purposes of meeting their obligations under Article 4 of Regulation (EU) 2019/631 for 2021, in accordance with Article 6 of that Regulation;

(n) “2021 individual performance”, in relation to a manufacturer, means the average of the specific emissions of CO₂, as specified in the information published by the Secretary of State pursuant to Article 9(1)(b) of Regulation (EU) 2019/631, of the non-ZE vans of which the manufacturer was the manufacturer and which were registered during 2021;

(o) “2021 pool performance”, in relation to a pool, means the average of the specific emissions of CO₂, as specified in the information published by the Secretary of State pursuant to Article 9(1)(b) of Regulation (EU) 2019/631, of the non-ZE vans of which a member of the pool was the manufacturer and which were registered during 2021;

(p) “2021 individual excess”, in relation to a manufacturer, is calculated by applying the following formula—

$$A÷B-1$where—“A” is the manufacturer’s 2021 individual performance; and“B” is the manufacturer’s 2021 individual specific emissions target;$

(q) “2021 pool excess”, in relation to a pool, is calculated by applying the following formula—

$$C÷D-1$where—“C” is the pool’s 2021 pool performance; and“D” is the pool’s 2021 pool specific emissions target.$

22

Paragraphs 25 to 39 apply for the purposes of calculating the baseline for a VCTS participant consisting of a manufacturer which is not a member of a pool VCTS participant.

23

Paragraph 40 applies for the purposes of calculating the baseline for a VCTS participant which is a pool VCTS participant.

24

A baseline which is calculated in accordance with this Part, if not a whole number, is calculated to three decimal places only.

Existing manufacturer which met 2021 target

25

Paragraph 26 applies for the purpose of calculating the baseline for a VCTS participant—

(a) which had a 2021 individual specific emissions target; and

(b) in relation to which no excess emissions premium was imposed for 2021 on—

(i) the manufacturer; or

(ii) the pool manager for a pool of which the manufacturer was a member for 2021.

26

Where this paragraph applies, the VCTS participant’s baseline is the higher of—

(a) the manufacturer’s 2021 individual NZE average emissions; or

(b) the manufacturer’s 2021 individual specific emissions target.

Exempt manufacturer for 2021

27

The baseline for a VCTS participant which was an exempt manufacturer for 2021 is the manufacturer’s 2021 individual NZE average emissions.

Existing manufacturer which did not meet 2021 target

28

Paragraph 29 applies for the purpose of calculating the baseline for a VCTS participant—

(a) which had a 2021 individual specific emissions target;

(b) which was not a member of a pool for 2021; and

29

Where this paragraph applies, the VCTS participant’s baseline is the number resulting from the application of the following formula—

$$E-E×F$where—“E” is the manufacturer’s 2021 individual NZE average emissions; and“F” is the manufacturer’s 2021 individual excess.$

Existing manufacturer in non-compliant pool met individual 2021 target

30

Paragraph 31 applies for the purpose of calculating the baseline for a VCTS participant which—

(a) had a 2021 individual specific emissions target;

(b) was a member of a pool for 2021 and—

(i) an excess emissions premium was imposed on the pool manager for that pool for 2021; but

(ii) the manufacturer met its individual 2021 specific emissions target.

31

Where this paragraph applies, the VCTS participant’s baseline is the higher of—

(a) the manufacturer’s 2021 individual NZE average emissions; or

(b) the manufacturer’s 2021 individual specific emissions target.

Existing manufacturer in non-compliant pool did not meet individual 2021 target

32

Paragraph 33 applies for the purpose of calculating the baseline for a VCTS participant where—

(a) the manufacturer had a 2021 individual specific emissions target;

(b) the manufacturer was a member of a pool for 2021;

(d) the manufacturer did not meet its 2021 individual specific emissions target.

33

Where this paragraph applies, the VCTS participant’s baseline is the number resulting from the application of the following formula—

$$E-E×H$where—“E” is the manufacturer’s 2021 individual NZE average emissions; and“H” is the 2021 pool excess for the pool of which the manufacturer was a member$

New manufacturer in 2022

34

Paragraph 35 applies for the purpose of calculating the baseline for a VCTS participant which—

(a) did not have a 2021 individual specific emissions target;

(b) was not an exempt manufacturer for 2021; and

35

Where this paragraph applies, the VCTS participant’s baseline is the average of the adjusted specific emissions of CO₂ of the non-ZE vans of which that VCTS participant is the manufacturer and which were registered during 2022.

New manufacturer in 2023

36

Paragraph 37 applies for the purpose of calculating the baseline for a VCTS participant which—

(a) did not have a 2021 individual specific emissions target;

(b) was not an exempt manufacturer for 2021;

(d) is the manufacturer of a non-ZE van which was registered during 2023.

37

New manufacturer from 2024

38

Paragraph 39 applies for the purpose of calculating the baseline for a VCTS participant which—

(a) did not have a 2021 individual specific emissions target;

(b) was not an exempt manufacturer for 2021;

(d) becomes a VCTS participant, or a member of a pool VCTS participant, on or after the date on which this Order comes into force.

39

Where this paragraph applies, the VCTS participant’s baseline is the average of the adjusted specific emissions of CO₂ of all the non-ZE vans registered during the calendar year preceding the scheme year in which the participant first becomes a VCTS participant, or a member of a group of manufacturers which is a pool VCTS participant.

Pool VCTS participant

40

(1) The baseline for a VCTS participant which is a pool VCTS participant is calculated as follows.

Step 1Calculate the baseline for each manufacturer which is a member of the pool VCTS participant in accordance with whichever of paragraphs 25 to 39 is applicable to each manufacturer.

Step 2Multiply each baseline calculated in accordance with step 1—by the number of non-ZE vans of which the manufacturer was the manufacturer and which were registered in 2021; orwhere the manufacturer was not the manufacturer of a van which was registered in 2021, by the number of non-ZE vans of which the manufacturer is the manufacturer and which were registered during the calendar year in which the manufacturer first became a VCTS participant or a member of a pool VCTS participant.

Step 3Add together the numbers resulting from step 2.

Step 4Calculate the total number of non-ZE vans of which the manufacturers which are members of the pool VCTS participant are the manufacturer and which were registered—during 2021; orwhere the manufacturer was not the manufacturer of a van which was registered in 2021, during the calendar year in which the manufacturer first became a VCTS participant or a member of a pool VCTS participant.

Step 5Divide the number resulting from step 3 by the number resulting from step 4.

(2) The pool VCTS participant’s baseline is the number resulting from step 5.

Schedule 2 — Car club conditions

1

The conditions which must be met by a person (referred to in this Schedule as “the operator”) in order to be treated as a car club for the purposes of articles 20, 22, 52 or 54 (CRTS credits and VRTS credits: car clubs) are set out in the following paragraphs of this Schedule.

2

The operator offers a service to the public (a “car club service”) which meets the following criteria—

(a) the operator offers cars, vans or SPVs for hire which are—

(i) located in, or close to, residential or commercial areas where customers and potential customers of the service live or work;

(ii) capable of being booked for periods of time up to a maximum of ten days;

(iii) permanently available to customers to book;

(iv) directly accessible to customers after booking without the assistance of the operator;

(v) paid for by customers on the basis of each mile travelled in the vehicle during the booking, or on the basis of the period of time for which the vehicle is booked, or a combination of both;

(vi) capable of being booked without the customer having to enter into a new agreement with the operator for each booking; and

(vii) equipped with information about the vehicle, for reference by the customer;

(b) the operator makes available to customers a pricing structure, a booking system, a digital or telephone helpline and information about how to use the car club service; and

(c) customers are liable for financial or other penalties incurred whilst using the vehicle, other than financial penalties in excess of the original penalty resulting from a failure by the operator to inform the customer about the penalty in a timely manner.

3

The operator ensures that the vehicles used for the purpose of providing the car club service are—

(a) roadworthy, kept clean and regularly serviced and maintained;

(b) covered by a comprehensive insurance policy provided by a third party or the operator; and

4

The operator has and publishes—

(a) an equality and diversity policy;

(b) a statement of how the car club service operates;

(d) a complaints policy.

5

If the operator intends to cease providing the car club service, it gives its customers a period of two months’ notice before the cessation, where this is reasonably practicable.

6

The operator provides the following information to the administrator within the time period specified—

(a) on or before 1st February of each year following a scheme year during which the operator met the conditions in this Schedule—

(i) a list of the ZE cars, ZE vans or ZE SPVs of which the operator has exclusive use for the purposes of providing the car club service;

(ii) the make, model and vehicle identification numbers of each such vehicle;

(iii) the number of customer bookings of each such vehicle; and

(iv) a copy of the documents referred to in paragraph 4;

(b) within the period specified in a request given in writing by the administrator, confirmation that the operator meets the conditions in this Schedule;

(c) without delay after a ZE car, ZE van or ZE SPV in relation to which a CRTS participant, a VRTS participant or an SPV manufacturer has acquired half a CRTS or VRTS credit has sustained damage giving rise to a duty to notify the Secretary of State in accordance with paragraph 1 or 2 of Schedule 3A to the Road Vehicles (Registration and Licensing) Regulations 2002, confirmation that such notification has been given;

(d) within the period specified in a request given in writing by the administrator, confirmation that the operator has exclusive use, for the purposes of providing a car club service, of a ZE car, ZE van or ZE SPV in relation to which a CRTS participant, a VRTS participant or an SPV manufacturer has acquired half a CRTS or VRTS credit, as the case may be; and

(e) as soon as reasonably practicable in the event that the operator intends to cease providing the car club service, notification of that planned cessation and the operator’s proposals for managing it, including the proposals for disposal of the vehicles used to provide the service.

Schedule 3 — Determination of the specific emissions of CO₂ of completed vans

General

1

In this Schedule—

“Af” means a reference to Af (the frontal area of a vehicle) in point 3.2.3.2.2.3.3 of Sub-Annex 7 to Annex 21 to Regulation (EU) 2017/1151;

“DMbase” means the default mass of the base vehicle, calculated in accordance with the formula in paragraph 11;

“interpolation family” has the meaning given in point 5.6 of Annex 21 to Regulation (EU) 2017/1151;

“interpolation method” means the interpolation method referred to in point 3.2.3.2 or 3.2.4 of Sub-Annex 7 to Annex 21 to Regulation (EU) 2017/1151;

“road load matrix family” has the meaning given in point 5.8 of Annex 21 to Regulation (EU) 2017/1151;

“small series type-approval” means small series type-approval granted in accordance with Article 42 of Regulation (EU) 2018/858;

“technically permissible maximum laden mass” has the meaning given in point 3.2.23 of Annex 21 to Regulation (EU) 2017/1151;

“TMH” means the test mass of vehicle H of the interpolation family, as referred to in point 3.2.3.2.2.1 of Sub-Annex 7 to Annex 21 to Regulation (EU) 2017/1151;

“TMind” means a reference to TMind (the individual test mass of a vehicle) in point 3.2.3.2.2.1 or 3.2.4.1.1.1 of Sub-Annex 7 to Annex 21 to Regulation (EU) 2017/1151;

“TML” means the test mass of vehicle L of the interpolation family, as referred to in point 3.2.3.2.2.1 of Sub-Annex 7 to Annex 21 to Regulation (EU) 2017/1151;

“vehicle H” means test vehicle H of the interpolation family, as described in point 4.2.1.1.2 of Sub-Annex 4 to Annex 21 to Regulation (EU) 2017/1151;

“vehicle L” means test vehicle L of the interpolation family, as described in point 4.2.1.1.2 of Sub-Annex 4 to Annex 21 to Regulation (EU) 2017/1151.

2

The administrator must keep under review whether the multiplier of 1.387 in paragraphs 11(b) and 12(c) of this Schedule, and in paragraph 12(f) of Schedule 7, is the appropriate multiplier for calculating the specific emissions of CO₂ of completed vans based on an incomplete base vehicle.

3

If, following the review in paragraph 2, the administrator finds that there is significant divergence between the specific emissions of CO₂ of completed vans based on incomplete base vehicles as determined in accordance with this Schedule, on the one hand, and the actual emissions of CO₂ of such vans on the other, the administrator may make a recommendation to the relevant national authorities²⁹ to amend this Order accordingly.

4

The administrator must keep under review the representativeness of monitoring emissions of CO₂ of a completed vans based on an incomplete base vehicle, as determined in accordance with paragraphs 10 to 19 of this Schedule and as notified to the administrator in accordance with paragraph 12(c) of Schedule 7, when compared to the actual emissions of CO₂ of the corresponding completed van.

5

If, following the review in paragraph 4, the administrator finds that the average difference between the monitoring emissions and the actual emissions, as referred to in that paragraph, exceeds 4% for two scheme years, the administrator may make a recommendation to the relevant national authorities to amend this Order accordingly.

Specific emissions of CO 2 of a completed van which undergoes emissions testing at the final stage

6

For a completed van which was type-approved in accordance with Annex 21 to Regulation (EU) 2017/1151, its specific emissions of CO₂ are those specified in the certificate of conformity of the completed van.

Specific emissions of CO 2 of a completed van based on a complete base vehicle

7

For a completed van, other than one to which paragraph 6 applies, which is based on a complete base vehicle, its specific emissions of CO₂ are those of the complete base vehicle, as specified in the certificate of conformity or the individual vehicle approval certificate of that base vehicle.

Specific emissions of CO 2 of a completed van based on an incomplete base vehicle: general

8

For a completed van, other than one to which paragraph 6 applies, which is based on an incomplete base vehicle, its specific emissions of CO₂ are the monitoring emissions of CO₂ of that incomplete base vehicle, as calculated in accordance with paragraphs 9 to 19 and notified to the administrator in accordance with paragraph 12(c) of Schedule 7.

9

The monitoring emissions of CO₂ of an incomplete base vehicle are calculated in accordance with the interpolation method, using the same method as was applied for the type-approval of the base vehicle, but subject to the modifications in paragraphs 10 to 19.

Monitoring emissions of CO2: modifications relating to fuel consumption and CO2 emissions

10

For a completed van which does not fall within paragraph 15, TMind is replaced by DMbase, calculated in accordance with the formula in paragraph 11, but subject to paragraphs 13 and 14.

11

The formula in this paragraph is: DMbase = (MRObase x B₀) + 25 kilograms + MVL, where—

(a) MRObase is the mass in running order of the base vehicle;

(b) B₀ is the body mass value of 1.387; and

12

The mass representative of the vehicle load for the purposes of paragraph 11(c) is 28% of ((TPMLM - MRObase × B₀) - 25 kilograms),

where—

(a) TPMLM is the technically permissible maximum laden mass of the base vehicle;

(b) MRObase is the mass in running order of the base vehicle; and

13

Where DMbase is lower than TML, TMind is replaced by TML.

14

Where DMbase is higher than TMH, TMind is replaced by TMH.

15

For a completed van which is subject to individual vehicle approval or small series type-approval, TMind is replaced by the mean of TML and TMH.

Monitoring emissions of CO2: modifications relating to aerodynamic drag

16

Paragraph 17 applies where an incomplete base vehicle belongs to a road load matrix family and the interpolation method is used to calculate aerodynamic drag in accordance with point 3.2.3.2.2.3 of Sub-Annex 7 to Annex 21 to Regulation (EU) 2017/1151.

17

Where this paragraph applies, the manufacturer of the base vehicle may replace Af with—

(a) the frontal area of the vehicle representative of the road load matrix family; or

(b) the mean value of the frontal area of vehicle H and of vehicle L.

18

Paragraph 19 applies where—

(a) the interpolation method is not used to calculate aerodynamic drag in accordance with point 3.2.3.2.2.3 of Sub-Annex 7 to Annex 21 to Regulation (EU) 2017/1151; or

(b) the incomplete base vehicle does not belong to a road load matrix family.

19

Where this paragraph applies, Af is replaced by the frontal area of vehicle H.

Schedule 4 — Low-volume CRTS participants and low-volume VRTS participants

Part 1 — General

1

A CRTS participant may be treated as a low-volume CRTS participant, and a VRTS participant may be treated as a low-volume VRTS participant, in accordance with Part 2 or 3 of this Schedule if—

(a) the participant is not part of a group of connected manufacturers;

(b) the participant is a pool CRTS participant or a pool VRTS participant, as the case may be; or

(c) the participant is part of a group of connected manufacturers, but it operates its own production facility and design centre, within the meaning of paragraph 2.

2

For the purposes of paragraph 1(c)—

(a) a participant operates its own production facility if it has exclusive use of the manufacturing or assembly plant at which the cars or the vans of which it is the manufacturer are manufactured or assembled; and

(b) a participant operates its own design centre if it controls and has exclusive use of the facility at which the cars or the vans of which it is the manufacturer are designed and developed.

Part 2 — Participants with fewer than 1,000 car or van registrations during a scheme year

3

A CRTS participant which is the manufacturer of fewer than 1,000 cars which are registered during a scheme year is a low-volume CRTS participant for that scheme year.

4

A VRTS participant which is the manufacturer of fewer than 1,000 vans which are registered during a scheme year is a low-volume VRTS participant for that scheme year.

Part 3 — Participants with 1,000 to 2,499 car or van registrations during a scheme year

5

A CRTS participant which is the manufacturer of fewer than 2,500 cars, but more than 999 cars, which are registered during a scheme year may apply to be a low-volume CRTS participant for that scheme year in accordance with this Part.

6

A VRTS participant which is the manufacturer of fewer than 2,500 vans, but more than 999 vans, which are registered during a scheme year may apply to be a low-volume VRTS participant for that scheme year in accordance with this Part.

7

An application under this Part may not relate to the 2030 scheme year.

8

A CRTS participant or VRTS participant which makes an application under this Part is referred to as “the applicant”.

9

An application under this Part must be—

(a) made by the applicant to the administrator;

(b) made on or before 30th April of the year following the first scheme year to which the application relates;

(d) submitted in hard copy or by electronic means.

10

An application under this Part must be accompanied by the following information—

(a) the name and contact details of the applicant;

(b) whether the application relates to the CRTS, the VRTS or both;

(d) the number of cars (if the application relates to the CRTS) or vans (if the application relates to the VRTS) of which the applicant is the manufacturer and which were registered in the three calendar years preceding the first scheme year to which the application relates, if this information is available;

(e) the following details relating to the cars or the vans of which the applicant is the manufacturer, as specified on the certificate of conformity or the individual vehicle approval certificate—

(i) the test mass;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) the number of seating positions, including the driver;

(iv) the maximum net power;

(v) the maximum speed;

(vi) the electric range, where applicable;

(vii) for an application relating to the VRTS, confirmation of whether each van is of category N1 or N2;

(ea) the specific emissions of CO₂ of the cars or the vans of which the applicant is the manufacturer;

(f) whether the applicant is the manufacturer of any SPVs, and if so what type of SPVs they are, for the purposes of point 5 of Part A of Annex 1 to Regulation (EU) 2018/858;

(g) the total number of the applicant’s employees in the calendar year preceding the first scheme year to which the application relates, and the number of such employees who are based in the United Kingdom;

(h) whether the applicant has exclusive use of the manufacturing or assembly plant at which the cars or the vans of which it is the manufacturer are manufactured or assembled, and if not, the name and contact details of the person with whom the applicant makes arrangements for such manufacture or assembly, together with information concerning which cars or vans of which the applicant is the manufacturer are included in such arrangements;

(i) the price list for the cars or vans of which the applicant is the manufacturer in the calendar year preceding the first scheme year to which the application relates;

(j) the expected price list for the cars or vans of which the applicant is the manufacturer in the scheme years to which the application relates;

(k) the proposed timetable for the registration of ZE cars or ZE vans manufactured by the applicant; and

(l) the estimated number of cars or vans of which the applicant is the manufacturer to be registered in the scheme years to which the application relates.

11

For a vehicle which has an individual vehicle approval certificate, the applicant is only required to provide the information specified in paragraph 10(e) to the extent that the information is included on the certificate.

12

The administrator may only reject an application made under this Part if—

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