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Documents considered by the Committee on 6 June 2018 Contents

18Mobility Package: emissions and fuel consumption of heavy duty vehicles

Committee’s assessment

Politically important

Committee’s decision

Cleared from scrutiny; drawn to the attention of the Select Committees for Transport; Environment, Food and Rural Affairs; and Business, Energy and Industrial Strategy.

Document details

(a) Proposal for a Regulation on the monitoring and reporting of CO₂ emissions from and fuel consumption of new heavy-duty vehicles; (b) Commission Regulation implementing Regulation (EU) No 595/2009 as regards the determination of the CO₂ emissions and fuel consumption of heavy-duty vehicles and amending Directive 2007/46/EC and Commission Regulation (EU) 582/2011

Legal base

(a) Article 192(1) TFEU; ordinary legislative procedure; QMV; (b) Articles 4(3) and 5(4)(e) of Regulation 595/2009

Department

Transport

Document Numbers

(a) (38794), 9939/17 + ADDs 1–3, COM(17) 279; (b) (39318), 11880/17;—

Summary and Committee’s conclusions

18.1Heavy-duty vehicles (HDVs), which include trucks, buses and coaches, account for 25% of road transport-based greenhouse gas emissions in the EU.

18.2On 31 May 2017, as part of the first phase of its ‘mobility package’, the European Commission brought forward draft Regulation 9939/17 which aimed to reduce these emissions by requiring Member States and vehicle manufacturers to monitor and report on the fuel consumption and CO₂ emissions of all new HDVs registered in the EU market from 2019 onwards. Vehicle testing would be carried out through a Commission-developed simulation software system called VECTO.

18.3In the Government’s initial response to the proposal, the Parliamentary Under-Secretary of State for Transport (Jesse Norman) at the Department for Transport indicated that the Government supported EU-level action to reduce HDV emissions and to set fuel consumption standards, and that the Government also agreed with the Commission’s assessment that a lack of market transparency on HDVs’ fuel consumption and CO emissions contributes to a lack of incentive for innovation.

18.4In a subsequent letter to the Committee on 7 December 2017, the Minister indicated that the potential concerns previously identified with the proposal had been satisfactorily addressed. Most notably, following consultation with the Driver and Vehicle Licensing Agency (DVLA) the Government concluded that the delegated powers that were proposed to allow the Commission to amend the annexes to the Regulation to modify data reporting requirements were necessary for the Commission to verify the results of future modelled tests. A compromise was also reached regarding the publication of certain data (such as engine and aerodynamic performance data) which had the potential to damage the commercial interests of manufacturers: all data will be available to accredited third parties, such as type approval authorities, to allow them to recreate tests and verify the results of modelling through real world testing; the most commercially sensitive data will be made available publicly, but grouped into performance bands, addressing manufacturer concerns.

18.5On this basis a negotiating mandate was issued at a meeting of COREPER on 15 December 2017.

18.6On 1 May 2018 the Minister submitted a further letter to the Committee in which he provided an update on the progress of trilogue negotiations which took place on 27 February and 26 March 2018. The Minister states that discussions focussed on delivering greater transparency on fuel consumption and CO₂ emissions to the market, allowing operators to purchase more efficient heavy duty vehicles. Key developments include:

18.7The Minister emphasises that the Government is content with the outcome of the negotiations on the proposal and wishes to support it, when it is considered by the Council in the summer. On this basis he requests that the Committee clear the proposal from scrutiny.

18.8The Implementing Regulation which will require vehicle manufacturers to use the EU’s VECTO simulation software to measure and certify the fuel consumption and CO₂ emissions of HDVs as required under proposal (a) was adopted as EU law in October 2017 by the Council of Ministers in October 2017, before the Committee resumed business after the General Election.

18.9Regarding the implications of EU exit, in our first report on this proposal we took note of the Government’s comment that, regardless of the outcome of EU exit negotiations, the proposed Regulation was likely to impact on the UK, since HDVs are typically manufactured for a Europe-wide market. The Committee concluded from this that, although the UK would no longer be bound by EU commitments on greenhouse gas emissions and fuel-efficient vehicles, UK freight transport operators were likely to continue to use HDVs compliant with EU standards. The Committee also noted that this raised the question of whether the Government might choose to align with EU regulation in this area. In response to these conclusions, the Minister’s latest letter provides some additional information about the implications of EU exit for the proposal.

18.10We thank the Minister for his update on the outcome of trilogue negotiations, summarised above, and have taken note that the Government supports the compromise text which has been agreed by the negotiators.

18.11On EU exit, we have taken note that:

18.12We note that we have considered the question of mutual recognition in a recent report, and will continue to scrutinise this issue.

18.13We clear the draft Regulation from scrutiny so that the Government can support its adoption in the Council. We also clear from scrutiny the now adopted Implementing Regulation regarding the use of VECTO simulation software, which was adopted as EU law before the Committee resumed its scrutiny activities following the General Election.

18.14We draw the EU exit implications noted above to the attention of the Select Committees for Transport; Environment, Food and Rural Affairs; and Business, Energy and Industrial Strategy.

Full details of the documents

(a) Proposal for a Regulation on the monitoring and reporting of CO₂ emissions from and fuel consumption of new heavy-duty vehicles: (38794), 9939/17 + ADDs 1–3, COM(17) 279; (b) Commission Regulation implementing Regulation (EU) No 595/2009 as regards the determination of the CO₂ emissions and fuel consumption of heavy-duty vehicles and amending Directive 2007/46/EC and Commission Regulation (EU) 582/2011: (39318), 11880/17,—; (c) Commission Recommendation on the use of fuel consumption and CO₂ emission values type-approved and measured in accordance with the World Harmonised Light Vehicles Test Procedure when making information available for consumers pursuant to Directive 1999/94/EC: (38813),—,—.

Previous Committee Reports

Fifth Report HC 301–v (2017–19), chapter 8 (13 December 2017).





Published: 12 June 2018