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26.7.2011 Official
Journal
of
the
European
Union L
194/19
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 2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European
Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
resistance, Regulation (EC) No
1222/2009 of the
European Parliament and of the Council of
25 November 2009 on the labelling of tyres with
respect to fuel efficiency and other essential
Having regard to the Treaty on the Functioning of the European
parameters (
Union,

5 ).
(3) A
technology
that
has
already
for
some
time
been
widely
Having regard to Regulation (EC) No 443/2009 of the European
available on the market cannot be considered innovative
Parliament and of the Council of 23 April 2009 setting
within the meaning of Article 12 of Regulation (EC)
emission performance standards for new passenger cars as
No 443/2009 and should not be eligible as an eco-inno
part of the Community’s integrated approach to reduce CO 2
vation. In order to create the right incentives, it is appro
emissions from light-duty vehicles
( 1 ), and in particular
priate to limit the level of market penetration of a tech
Article 12(2) thereof,
nology to that of the niche segment as defined in
Article 11(4) of Regulation (EC) No 443/2009 and to
use the year 2009 as a baseline. Those thresholds
Whereas:
should be subject to review at the latest in 2015.
(1)
In order to promote the development and the early
(4) In order to promote technologies with the highest
uptake of new and advanced CO
potential for reducing CO

2 emissions from passenger
2 emission-reducing
vehicle technologies, Regulation (EC) No
443/2009
cars, and in particular the development of innovative
provides manufacturers and suppliers with the possibility
propulsion technologies, only those technologies should
of applying for the approval of certain innovative tech
be eligible that are intrinsic to the transport function of
nologies contributing to reducing CO
the vehicle and contribute significantly to improving the

2 emissions from
passenger cars. Therefore, it is necessary to clarify the
overall energy consumption of the vehicle. Technologies
criteria for determining which technologies should be
that are accessory to that purpose or aim at enhancing
eligible as eco-innovations pursuant to that Regulation.
the comfort of the driver or the passengers should not be
eligible.
(2)
According to point (c) of Article 12(2) of Regulation (EC)
No 443/2009, technologies that are part of the Union’s
(5) According
to
Regulation
(EC)
No
443/2009,
applications
integrated approach outlined in the Commission
may be submitted by both manufacturers and suppliers.
Communication of 7 February 2007 entitled ‘Results of
The application should include the necessary evidence
the review of the Community Strategy to reduce CO
that the eligibility criteria are fully met, including a

2
emissions from passenger cars and light-commercial
methodology for measuring the CO 2 savings from the
vehicles’ (
innovative technology.

2 ) and the Commission Communication of
7 February 2007 entitled ‘A Competitive Automotive
Regulatory Framework for the 21st Century’ ( 3 ), and
have been regulated in Union law, or other technologies
(6) It
should
be
possible
to
measure
the
CO 2 savings from
that are mandatory under Union law, are not eligible as
an eco-innovation with a satisfactory degree of accuracy.
eco-innovations under that Regulation. These tech
That accuracy can only be achieved where the savings are
nologies include tyre pressure monitoring systems, tyre
1 g CO 2 /km or more.
rolling resistance and gear shift indicators falling within
the scope of Regulation (EC) No 661/2009 of the
European Parliament and of the Council of 13 July
2009 concerning type-approval requirements for the
(7) Where
the
CO 2 savings of a technology depends on the
general safety of motor vehicles, their trailers and
behaviour of the driver or on other factors that are
systems, components and separate technical units
outside the control of the applicant, that technology
intended therefore
(
should in principle not be eligible as an eco-innovation,

4 ) and, as regards tyre rolling
unless it is possible, on the basis of strong and inde
pendent statistical evidence, to make verifiable
( 1 ) OJ L 140, 5.6.2009, p. 1.
assumptions about average driver behaviour.
( 2 ) COM(2007) 19 final.
( 3 ) COM(2007) 22 final.
( 4 ) OJ L 200, 31.7.2009, p. 1.
( 5 ) OJ L 342, 22.12.2009, p. 46.

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L 194/20
EN
Official Journal of the European Union
26.7.2011
(8) The
standard
test
cycle
used
for
type
approval (13) The
Commission
should
have
the
possibility
to
verify
on
measurement of the CO 2 emissions from a vehicle does
an ad hoc-basis the certified total savings for individual
not demonstrate all savings that can be attributed to
vehicles. Where it is evident that the certified savings are
certain technologies. To create the right incentives for
inconsistent with the level of savings resulting from the
innovation, only those savings that are not captured by
decision to approve a technology as an eco-innovation,
the standard test cycle should be taken into account for
the Commission should be able to disregard the certified
the calculation of the total CO 2 savings.
CO 2 savings for the calculation of the average specific
CO 2 emissions. The manufacturer should, however, be
given a limited time period during which it may demon
strate that the certified values are accurate.
(9) In
demonstrating
the
CO 2 savings, a comparison should
be made between the same vehicles with and without the
eco-innovation. The testing methodology should provide
verifiable, repeatable and comparable measurements. In
(14) In
order
to
ensure
a
transparent
application
procedure,
order to ensure a level playing field and, in the absence
summary information should be available to the public
of an agreed and more realistic driving cycle, the driving
on the applications for approval of innovative tech
patterns in the New European Driving Cycle as referred
nologies and the testing methodologies. Once approved,
to in Commission Regulation (EC) No 692/2008 of
the testing methodologies should be publicly accessible.
18 July 2008 implementing and amending Regulation
The exceptions to the right to public access to
(EC) No 715/2007 of the European Parliament and of
documents set out in Regulation (EC) No 1049/2001
the Council on type-approval of motor vehicles with
of the European Parliament and of the Council of
respect to emissions from light passenger and
30 May 2001 regarding public access to European
commercial vehicles (Euro 5 and Euro 6) and on access
Parliament, Council and Commission documents
( 3 )
to vehicle repair and maintenance information (
should apply as appropriate.

1 ) should
be used as a common reference. The testing methodology
should be based on measurements on a chassis dyna
mometer or on modelling or simulation where such
(15) According to Article 13(3) of Regulation (EC)
methodologies would provide better and more accurate
No 443/2009, innovative technologies may no longer
results.
be approved under the procedure set out in that Regu
lation from the date of application of a revised procedure
for the measurement of CO 2 emissions. In order to
ensure an appropriate phasing out of the eco-innovation
(10) Guidelines on the preparation of the application and the
credits approved pursuant to this Regulation, this Regu
testing methodologies should be provided by the
lation should be reviewed not later than in 2015.
Commission and be regularly updated to take into
account the experience gained from assessing different
applications.
(16) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Climate Change
Committee,
(11) According
to
Regulation
(EC)
No
443/2009,
the
appli
cation must be accompanied by a verification report
provided by an independent and certified body. That
HAS ADOPTED THIS REGULATION:
body should be a technical service of category A or B
as referred to in Directive 2007/46/EC of the European
Parliament and of the Council of 5 September 2007
Article 1
establishing a framework for the approval of motor
Subject matter
vehicles and their trailers, and of systems, components
and separate technical units intended for such vehicles ( 2 ).
This Regulation sets out the procedure to be followed for the
However, in order to ensure the independence of the
application for, and assessment, approval and certification of,
body, technical services designated in accordance with
innovative technologies that reduce emissions of CO 2 from
Article 41(6) of that Directive should not be considered
passenger cars pursuant to Article 12 of Regulation (EC)
an independent and certified body within the meaning of
No 443/2009.
this Regulation. The body should, together with the
verification report, provide relevant evidence of its inde
pendence from the applicant.
Article 2
Scope
(12) In
order
to
ensure
efficient
registration
and
monitoring
1. Any technology falling within the scope of the following
of the specific savings for individual vehicles, savings
measures covered by the integrated approach referred to in
should be certified as part of the type approval of a
Article 1 of Regulation (EC) No 443/2009 shall not be
vehicle and the total savings should be entered into the
considered as innovative technologies:
certificate of conformity in accordance with Directive
2007/46/EC.
(a) efficiency improvements for air-conditioning systems;
( 1 ) OJ L 199, 28.7.2008, p. 1.
( 2 ) OJ L 263, 9.10.2007, p. 1.
( 3 ) OJ L 145, 31.5.2001, p. 43.

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EN
26.7.2011 Official
Journal
of
the
European
Union L
194/21
(b) tyre pressure monitoring systems falling within the scope of
Article 4
Regulation (EC) No 661/2009;
Application
1. An
application
for
the
approval
of
an
innovative
tech
(c) tyre rolling resistance falling within the scope of Regulations
nology as an eco-innovation shall be submitted to the
(EC) No 661/2009 and (EC) No 1222/2009;
Commission in writing. The application and all supporting
documentation shall also be submitted by electronic mail or
electronic data carrier or uploaded in a server managed by
(d) gear shift indicators falling within the scope of Regulation
the Commission. The written application shall list the
(EC) No 661/2009;
supporting documentation.
(e) use of bio fuels.
2. An
application
shall
include
the
following:
2. An
application
may
be
made
under
this
Regulation
in
(a) contact details of the applicant;
respect of a technology, provided that the following conditions
are met:
(b) a description of the innovative technology and the way it is
fitted on a vehicle, including evidence that the technology
(a) it had been fitted in 3 % or less of all new passenger cars
falls within the scope specified in Article 2;
registered in 2009;
(b) it relates to items intrinsic to the efficient operation of the
(c) a summary description of the innovative technology,
vehicle and is compatible with Directive 2007/46/EC.
including details supporting that the conditions provided
for in Article 2(2) are met, and of the testing methodology
referred to in point (e) of this paragraph to be made public
Article 3
upon submission of the application to the Commission;
Definitions
(d) an estimated indication of the individual vehicles that may
In addition to the definitions set out in Articles 2 and 3 of
be, or are intended to be, fitted with the innovative tech
Regulation (EC) No 443/2009, the following definitions shall
nology, and the estimated reductions of CO
apply:

2 emissions for
those vehicles from the innovative technology;
(a) ‘innovative technology’ means a technology or a combi
nation of technologies with similar technical features and
(e) a methodology to be used for demonstrating the CO 2
characteristics where the CO
emissions reductions of the innovative technology, or

2 savings can be demonstrated
using one testing methodology and where each of the indi
where such methodology has already been approved by
vidual technologies forming the combination falls within the
the Commission, a reference to the approved methodology;
scope specified in Article 2;
(f) evidence demonstrating that:
(b) ‘supplier’ means the manufacturer of an innovative tech
nology responsible for ensuring conformity of production
or its authorised representative in the Union or the
(i) the emissions reduction achieved by the innovative
importer;
technology meets the threshold specified in
Article 9(1), taking into account any deterioration
over time of the technology;
(c) ‘applicant’ means the manufacturer or supplier submitting
an application for the approval of an innovative technology
as an eco-innovation;
(ii) the innovative technology is not covered by the
standard test cycle CO 2 measurement referred to in
point (c) of Article 12(2) of Regulation (EC)
(d) ‘eco-innovation’ means an innovative technology accom
No 443/2009 as specified in Article 9(2) of this Regu
panied by a testing methodology that has been approved
lation;
by the Commission in accordance with this Regulation;
(iii) the applicant is accountable for the CO 2 emissions
(e) ‘independent and certified body’ means a category A or B
reduction of the innovative technology as specified in
technical service referred to in points (a) and (b) of
Article 9(3);
Article 41(3) of Directive 2007/46/EC meeting the
requirements set out in Article 42 of that Directive, with
the exception of technical services designated in accordance
(g) a verification report from an independent and certified body
with Article 41(6) of that Directive.
as specified in Article 7.

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L 194/22
EN
Official Journal of the European Union
26.7.2011
Article 5
(d) verify that the innovative technology is compatible with
relevant requirements specified for the type approval of
Baseline vehicle and eco-innovation vehicle
the vehicle;
1. For the purpose of the demonstration of CO 2 emissions
referred to in Article 8, the applicant shall designate:
(e) declare that it meets the requirement specified in paragraph
1 of this Article.
(a) an eco-innovation vehicle that shall be fitted with the inno
vative technology;
3. For the purposes of the certification of the CO 2 savings in
accordance with Article 11, the independent and certified body
(b) a baseline vehicle that shall not be fitted with the innovative
shall, at the request of the manufacturer, draw up a report on
technology but that is in all other aspects identical to the
the interaction between several eco-innovations fitted to one
eco-innovation vehicle.
vehicle type, variant or version.
2. If the applicant considers that the information referred to
The report shall specify the CO
in Articles 8 and 9 can be demonstrated without the use of a

2 savings from the different eco-
innovations taking into account the impact of the interaction.
baseline vehicle and an eco-innovation vehicle as referred to in
paragraph 1 of this Article, the application shall include the
necessary details justifying that conclusion and a methodology
Article 8
providing equivalent results.
Demonstration of CO 2 emissions
Article 6
1. The
following
CO 2 emissions shall be demonstrated for a
number of vehicles representative of the individual vehicles
Testing methodology
indicated in accordance with point (d) of Article 4(2):
1. The testing methodology referred to in point (e) of
Article 4(2) shall provide results that are verifiable, repeatable
and comparable. It shall be capable of demonstrating in a
(a) the CO 2 emissions from the baseline vehicle and from the
realistic manner the CO
eco-innovation vehicle with the innovative technology in
2 emissions benefits of the innovative
technology with strong statistical significance and, where
operation resulting from the application of the methodology
relevant, take account of the interaction with other eco-inno
referred to in point (e) of Article 4(2);
vations.
(b) the CO 2 emissions from the baseline vehicle and from the
2. The
Commission
shall
publish
guidance
on
the
prep
eco-innovation vehicle with the innovative technology in
aration of testing methodologies for different potential inno
operation resulting from the application of the standard
vative technologies meeting the criteria in paragraph 1.
test cycle referred to in point (c) of Article 12(2) of Regu
lation (EC) No 443/2009.
Article 7
Verification report
The demonstration of the CO 2 emissions in accordance with
points (a) and (b) of the first subparagraph shall be carried out
1. The
verification
report
referred
to
in
point
(g)
of under testing conditions that are identical for all tests.
Article 4(2) shall be established by an independent and
certified body that is not part of the applicant or otherwise
connected to it.
2. The
total
savings
for
an
individual
vehicle
shall
be
the
difference between the emissions demonstrated in accordance
with point (a) of the first subparagraph of paragraph 1.
2. For the purposes of the verification report, the inde
pendent and certified body shall:
Where there is a difference between the emissions demonstrated
in accordance with point (b) of the first subparagraph of
(a) verify that the eligibility criteria specified in Article 2(2) are
paragraph 1, that difference shall be subtracted from the total
met;
savings demonstrated in accordance with point (a) of the first
subparagraph of paragraph 1.
(b) verify that the information provided in accordance with
point (f) of Article 4(2) meets the criteria set out in
Article 9;
Article 9
Eligibility criteria
(c) verify that the testing methodology referred to in point (e)
1. The
minimum
reduction
achieved
by
the
innovative
tech
of Article 4(2) is appropriate for certifying the CO 2 savings
nology shall be 1 g CO 2 /km. That threshold shall be considered
from the innovative technology for the relevant vehicles
met where the total savings for the innovative technology
referred to in point (d) of Article 4(2), and meets the
demonstrated in accordance with Article 8(2) are 1 g CO 2 /km
minimum requirements specified in Article 6(1);
or more.

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EN
26.7.2011 Official
Journal
of
the
European
Union L
194/23
2. Where
the
total
savings
of
an
innovative
technology
do
Article 11
not include any savings demonstrated under the standard test
cycle in accordance with Article 8(2), the innovative technology
Certification of CO 2 savings from eco-innovations
shall be considered not to be covered by the standard test cycle.
1. A
manufacturer
wishing
to
benefit
from
a
reduction
of
its
average specific CO 2 emissions for the purpose of meeting its
specific emissions target by means of the CO 2 savings from an
3. The
technical
description
of
the
innovative
technology eco-innovation shall apply to an approval authority within the
referred to in point (b) of Article 4(2) shall provide the
meaning of Directive 2007/46/EC for an EC type-approval
necessary details for demonstrating that the CO
certificate of the vehicle fitted with the eco-innovation. The

2 reducing
performance of the technology is not dependant on settings
application for a certificate shall, in addition to the
or choices that are outside the control of the applicant.
documents providing the necessary information specified in
Article 6 of Directive 2007/46/EC, refer to the decision by
the Commission to approve an eco-innovation in accordance
with Article 10(2) of this Regulation.
Where the description is based on assumptions, those
assumptions shall be verifiable and based on strong and inde
pendent statistical evidence supporting them and their applica
bility across the Union.
2. The
certified
CO 2 savings of the eco-innovation demon
strated in accordance with Article 8 of this Regulation shall be
specified separately in both the type approval documentation
and the certificate of conformity in accordance with Directive
Article 10
2007/46/EC, on the basis of tests carried out by technical
Assessment of an eco-innovation application
services in accordance with Article 11 of that Directive, using
the approved testing methodology.
1. On
receipt
of
an
application,
the
Commission
shall
make
public the summary description of the innovative technology
and the testing methodology referred to in point (c) of
Article 4(2).
Where the CO 2 savings of an eco-innovation for a specific type,
variant or version are below the threshold specified in
Article 9(1), the savings shall not be certified.
2. The
Commission
shall
assess
the
application
and,
within
9
months from receipt of a complete application, it shall approve
the innovative technology as an eco-innovation together with
3. Where
the
vehicle
is
fitted
with
more
than
one
eco-inno
the testing methodology, unless objections are raised in respect
vation, the CO
of the eligibility of the technology or the appropriateness of the

2 savings shall be demonstrated separately for
each eco-innovation in accordance with the procedure set out
testing methodology.
in Article 8(1). The sum of the resulting savings determined in
accordance with Article 8(2) for each eco-innovation shall
provide the total CO 2 savings for the purpose of the certifi
The decision to approve the innovative technology as an eco-
cation of that vehicle.
innovation shall specify the information required for the certifi
cation of the CO 2 savings in accordance with Article 11 of this
Regulation, subject to the application of the exceptions to the
right to public access to documents specified in Regulation (EC)
4. Where
interaction
between
several
eco-innovations
fitted
No 1049/2001.
to one vehicle cannot be ruled out because they are clearly of a
different nature, the manufacturer shall indicate this in the
application to the approval authority and shall provide a
report from the independent and certified body on the impact
3. The
Commission
may
require
adjustments
to
the
proposed of the interaction on the savings of the eco-innovations in the
testing methodology or require the use of another approved
vehicle as referred to in Article 7(3).
testing methodology than the one proposed by the applicant.
The applicant shall be consulted on the proposed adjustment or
the choice of testing methodology.
Where, due to that interaction, the total savings are less than
1 g CO 2 /km times the number of eco-innovations only those
4. The
assessment
period
may
be
extended
by
5
months eco-innovation savings that meet the threshold set out in
where the Commission finds that, because of the complexity
Article 9(1) shall be taken into account for calculating the
of the innovative technology and the accompanying testing
total savings in accordance with paragraph 3 of this Article.
methodology or because of the size and contents of the appli
cation, the application cannot be appropriately assessed within
the 9-month assessment period.
Article 12
Review of certifications
The Commission shall within 40 days of receipt of the appli
1. The
Commission
shall
ensure
that
the
certifications
and
cation notify the applicant if the assessment period is to be
the CO 2 savings attributed to individual vehicles are verified on
extended.
an ad hoc-basis.

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L 194/24
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Official Journal of the European Union
26.7.2011
Where it finds that there is a difference between the certified
Article 13
CO 2 savings and the savings it has verified using the relevant
testing methodology or methodologies, the Commission shall
Disclosure of information
notify the manufacturer of its findings.
An applicant requesting that information submitted under this
Regulation be treated as confidential shall justify why any of the
exceptions referred to in Article 4 of Regulation (EC)
The manufacturer may within 60 days of receipt of the notifi
No 1049/2001 apply.
cation provide the Commission with evidence demonstrating
the accuracy of the certified CO 2 savings. At the request of
the Commission the report on the interaction of different
eco-innovations referred to in Article 7(3) shall be provided.
Article 14
Review
2. Where the evidence referred to in paragraph 1 is not
provided within the indicated time period, or it finds that the
This Regulation and the eco-innovations approved pursuant to
evidence provided is not satisfactory, the Commission may
this Regulation shall be reviewed by 31 December 2015 at the
decide not to take the certified CO
latest.
2 savings into account for
the calculation of the average specific emissions of that manu
facturer for the following calendar year.
Article 15
3. A
manufacturer
for
which
the
certified
CO 2 savings are no
Entry into force
longer taken into account may apply for a new certification of
the vehicles concerned in accordance with the procedure laid
This Regulation shall enter into force on the 20th day following
down in Article 11.
its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 July 2011.
For the Commission
The President
José Manuel BARROSO

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