Commission Implementing Decision (EU) 2024/766 of 1 March 2024 amending Implementing Decision (EU) 2019/1119 as regards the calculation of the CO2 savings and of the statistical margin for certain not off-vehicle charging hybrid electric passenger cars

Official Journal EN of the European Union L series 2024/766 5.3.2024 COMMISSION IMPLEMENTING DECISION (EU) 2024/766 of 1 March 2024 amending Implementing Decision (EU) 2019/1119 as regards the calculation of the CO savings and 2 of the statistical margin for certain not off-vehicle charging hybrid electric passenger cars (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 2019setting CO 2 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 25 July 2023, the manufacturer BMW AG (‘the applicant’) submitted a request in accordance with Article 12a of Commission Implementing Regulation (EU) No 725/2011(2)applicable on that date for Commission Implementing Decision (EU) 2019/1119(3)to be amended to adapt the calculation of the CO savings and of the statistical margin 2 for certain not off-vehicle charging hybrid electric vehicles to the methodology laid out in Commission Regulation

(EU) 2017/1151(4).

(2) Regulation (EU) 2017/1151, as amended by Commission Regulation (EU) 2023/443(5), provides for an alternative approach to correct the battery charge imbalance of certain non-externally chargeable hybrid electrified vehicles, which relies on a generic emission factor depending on the type of engine. The applicant requested to be allowed to use that approach for the calculation of the CO savings and of the statistical margin for the innovative technology 2 approved by Implementing Decision (EU) 2019/1119.

(3) Taking into account the arguments presented by the applicant, it is appropriate for the testing methodology set out in the Annex to Implementing Decision (EU) 2019/1119 to be modified to ensure that vehicle manufacturers applying the alternative approach introduced by Regulation (EU) 2023/443 do not face unnecessary testing burden when applying for the certification of CO savings in accordance with Implementing Decision (EU) 2019/1119.

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(1) OJ L 111, 25.4.2019, p. 13, ELI: http://data.europa.eu/eli/reg/2019/631/oj

(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 CO emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the 2 European Parliament and of the Council (OJ L 194, 26.7.2011, p. 19, ELI: http://data.europa.eu/eli/reg_impl/2011/725/oj).

(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 CO emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European 2 Parliament and of the Council (OJ L 176, 1.7.2019, p. 67, ELI: http://data.europa.eu/eli/dec_impl/2019/1119/oj).

(4) 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, ELI: http://data.europa.eu/eli/reg/2017/1151/oj).

(5) Commission Regulation (EU) 2023/443 of 8 February 2023 amending Regulation (EU) 2017/1151 as regards the emission type approval procedures for light passenger and commercial vehicles (OJ L 66, 2.3.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/443/ oj).

ELI: http://data.europa.eu/eli/dec_impl/2024/766/oj 1/3EN OJ L, 5.3.2024

(4) Whereas the applicant requested to use the alternative approach based on an alternator efficiency of 0,67, it is appropriate to consistently follow the approach set out in Regulation (EU) 2017/1151 and to apply an alternator efficiency of 1 for determining the CO savings and the statistical margin, and to adapt the testing methodology set 2 out in the Annex to Implementing Decision (EU) 2019/1119 accordingly.

(5) Implementing Decision (EU) 2019/1119 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1 The Annex to Implementing Decision (EU) 2019/1119 is amended as set out in the Annex to this Decision.

Article 2 This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 1 March 2024.

For the Commission The President Ursula VON DER LEYEN 2/3 ELI: http://data.europa.eu/eli/dec_impl/2024/766/ojEN OJ L, 5.3.2024 ANNEX The Annex to Implementing Decision (EU) 2019/1119 is amended as follows:

1. in point 4.1.2, the following paragraph is added: ‘Alternatively, at the request of the manufacturer, the total CO savings of the lighting package shall be calculated in 2 accordance with the methodology set out in point 4.1.1, with the coefficient η set to 1.’;

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2. in point 4.2.2, the following paragraph is added after Formula 9: ‘If the methodology referred to in point 4.1.2, last paragraph, is applied, the statistical margin of the lighting package shall be calculated in accordance with point 4.2.1, with the coefficient η set to 1.’.

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ELI: http://data.europa.eu/eli/dec_impl/2024/766/oj 3/3