(1)

The Union is committed to building an Energy Union with a forward looking climate policy. Fuel efficiency is a crucial element of the Union's 2030 Climate and Energy Policy Framework and is key to moderating energy demand.

(2)

The Commission has reviewed (4) the effectiveness of Regulation (EC) No 1222/2009 of the European Parliament and of the Council (5) and identified the need to update its provisions to improve its effectiveness.

(3)

It is appropriate to replace Regulation (EC) No 1222/2009 by a new Regulation which incorporates amendments made in 2011, and modifies and enhances some of its provisions to clarify and update their content, taking into account the technological progress for tyres over recent years. However, as supply and demand have changed little in terms of fuel efficiency, there is no need at this stage to change the grade scale for fuel efficiency. Furthermore, the reasons for that lack of development and the purchase factors, such as price, performance, etc., should be examined. [Am. 1]

(4)

The transport sector accounts for a third of Union energy consumption. Road transport was responsible for about 22 % of the Union’s total greenhouse gas emissions in 2015. Tyres, mainly because of their rolling resistance, account for 5 % to 10 % of vehicles’ fuel consumption. A reduction of the rolling resistance of tyres would therefore contribute significantly to the fuel efficiency of road transport and thus to the reduction of emissions and to the decarbonisation of the transport sector . [Am. 2]

(4a)

In order to meet the challenge of reducing the CO2 emissions of road transport, it is appropriate for Member States, in cooperation with the Commission, to provide for incentives to innovate a new technological process for fuel-efficient and safe C1, C2 and C3 tyres. [Am. 3]

(5)

Tyres are characterised by a number of interrelated parameters that are interrelated. Improving one parameter such as rolling resistance may have an adverse impact on others such as wet grip, while improving wet grip may have an adverse impact on external rolling noise. Tyre manufacturers should be encouraged to optimise all parameters beyond the standards already achieved. [Am. 4]

(6)

Fuel-efficient tyres can be cost-effective since fuel savings more than compensate for the increased purchase price of the tyres resulting from their higher production costs.

(7)

Regulation (EC) No 661/2009 of the European Parliament and of the Council (6) lays down minimum requirements for the rolling resistance of tyres. Technological developments make it possible to decrease energy losses due to tyre rolling resistance significantly beyond those minimum requirements. To reduce the environmental impact of road transport, it is therefore appropriate to update the provisions for tyre labelling to encourage end-users to purchase more fuel-efficient tyres by providing updated harmonised information on that parameter.

(7a)

Improving the labelling of tyres will enable consumers to obtain more relevant and comparable information on fuel efficiency, safety and noise and to take cost-effective and environment-friendly purchasing decisions when purchasing new tyres. [Am. 5]

(8)

Traffic noise is a significant nuisance and has a harmful effect on health. Regulation (EC) No 661/2009 lays down minimum requirements for the external rolling noise of tyres. Technological developments make it possible to reduce external rolling noise significantly beyond those minimum requirements. To reduce traffic noise, it is therefore appropriate to update the provisions for tyre labelling to encourage end-users to purchase tyres with lower external rolling noise by providing harmonised information on that parameter.

(9)

The provision of harmonised information on external rolling noise also facilitates the implementation of measures to limit traffic noise and contributes to increased awareness of the effect of tyres on traffic noise within the framework of Directive 2002/49/EC of the European Parliament and of the Council (7).

(10)

Regulation (EC) No 661/2009 lays down minimum requirements for the wet grip performance of tyres. Technological developments make it possible to improve wet grip significantly beyond those requirements, and thus to reduce wet braking distances. To improve road safety, it is therefore appropriate to update the provisions for tyre labelling to encourage end-users to purchase tyres with high wet grip performance by providing harmonised information on that parameter.

(11)

In order to ensure alignment with the international framework, Regulation (EC) No 661/2009 refers to UNECE Regulation 117 (8), which includes the relevant measurement methods for rolling resistance, noise, and wet and snow grip performance of tyres.

(12)

In order to improve road safety in colder climates in the Union and provide end-users with information on the performance of tyres specifically designed for snow and ice conditions, it is appropriate to require the inclusion on the label of information requirements on snow and ice tyres. Snow and ice tyres have specific parameters that are not fully comparable to other types of tyres. In order to ensure that end-users are able to make considered and informed decisions, information on snow grip and ice grip and the QR code should be included in the label. The Commission should develop both a snow grip and ice grip scale of performances. Those scales should be based on the UNECE Regulation No 117 and on the ISO 19447 for snow and ice respectively. In any case, the three-peak-mountain with snowflake (‘3PMSF’) logo should be embossed on a tyre that satisfies the minimum snow index values set out in UNECE Regulation No 117. Similarly, a tyre that satisfies the minimum ice index value set out in ISO 19447 should show the ice tyre logo agreed under this standard. [Am. 6]

(13)

The abrasion of tyres during use is a significant source of microplastics, which are harmful to the environment, and . The Commission's Communication ‘A European Strategy for Plastics in a Circular Economy’ (9) therefore mentions the need to address unintentional release of microplastics from tyres, inter alia through information measures such as labelling and minimum requirements for tyres. However, a suitable testing method to measure tyre Hence , applying labelling requirements with regard to the abrasion is not currently available rate of tyres would bring substantial benefits to human health and the environment . Therefore, the Commission should mandate the development of such a method, taking into full consideration all state-of-the-art internationally developed or proposed standards or regulations as well as the result of industrial research , with a view to establishing a suitable testing method as soon as possible. [Am. 7]

(14)

Re-treaded tyres are a substantial part of the market for heavy-duty vehicle tyres. Re-treading tyres extends their life and contributes to circular economy objectives such as waste reduction. Applying labelling requirements to such tyres would bring substantial energy savings. However, as suitable testing method to measure the performance of re-treaded tyres is not currently available, this Regulation should provide for their future inclusion.

(15)

The energy label pursuant to Regulation (EU) 2017/1369 of the European Parliament and of the Council (10), which ranks the energy consumption of products on a scale from ‘A’ to ‘G’, is recognised by over 85 % of Union consumers as a clear and transparent information tool and has proven to be effective in promoting more efficient products. The tyre label should continue to use the same design to the extent possible, while recognising the specificities of the tyre parameters. [Am. 8]

(16)

The provision of comparable information on tyre parameters in the form of a standard label is likely to influence purchasing decisions by end-users in favour of safer , sustainable , quieter and more fuel-efficient tyres. This, in turn, is likely to encourage tyre manufacturers to optimise those parameters, which would pave the way for more sustainable consumption and production. [Am. 9]

(17)

The need for greater information on tyre fuel efficiency and other parameters is relevant for all end-users, including purchasers of replacement tyres, purchasers of tyres fitted on new vehicles, and fleet managers and transport undertakings, who cannot easily compare the parameters of different tyre brands in the absence of a labelling and harmonised testing regime. It is therefore appropriate to require the labelling of tyres delivered with vehicles at all times.

(18)

Currently, labels are explicitly required for tyres for cars (C1 tyres) and vans (C2 tyres) but not for heavy duty vehicles (C3 tyres). C3 tyres consume more fuel and cover more kilometres per year than C1 and C2 tyres, and therefore the potential to reduce fuel consumption and emissions from heavy goods vehicles is significant.

(19)

Including C3 tyres fully in the scope of this Regulation is also in line with the Commission’s proposal for a Regulation on the monitoring and reporting of CO2 emissions from, and fuel consumption of, new heavy-duty vehicles (11) and of the Commission’s proposal on CO2 standards for heavy-duty vehicles (12).

(20)

Many end-users make tyre purchasing decisions without seeing the actual tyre and therefore do not see the label affixed to it. In all such situations, the end-user should be shown the label before finalising the purchasing decision. The display of a label on tyres at the point of sale, as well as in technical promotional material, should ensure that distributors as well as potential end-users receive harmonised information on the relevant tyre parameters at the time and place of the purchasing decision.

(21)

Some end-users choose tyres before arriving at the point of sale, or purchase them by mail order or on the internet. To ensure that those end-users can also make an informed choice on the basis of harmonised information on tyre fuel efficiency, wet grip performance, external rolling noise and other parameters, labels should be displayed in all technical promotional material, including where such material is made available on the internet.

(22)

Potential end-users should be provided with information explaining each component of the label and its relevance. This information should be provided in technical promotional material, for instance on suppliers’ websites. Technical promotional material should not be understood to include advertisements via billboards, newspapers, magazines or radio or television broadcasts. [Am. 10]

(23)

Fuel efficiency, wet grip, external noise and other parameters concerning tyres should be measured according to reliable, accurate and reproducible methods that take into account the generally recognised state-of-the-art measurements and calculation methods. As far as possible, such methods should reflect average consumer behaviour and be robust in order to deter intentional and unintentional circumvention. Tyre labels should reflect the comparative performance of tyres in actual use, within the constraints due to the need of reliable, accurate and reproducible laboratory testing, to enable end-users to compare different tyres and so as to limit testing costs for manufacturers.

(24)

Compliance with the provisions on tyre labelling by suppliers and distributors is essential in order to ensure a level playing field in the Union. Member States should therefore monitor such compliance through market surveillance and regular ex-post controls, in line with Regulation (EC) No 765/2008 of the European Parliament and of the Council (13).

(25)

In order to facilitate the monitoring of compliance, provide a useful tool to end-users and allow alternative ways for dealers to receive product information sheets, tyres should be included in the product database established under Regulation (EU) 2017/1369. Regulation (EU) 2017/1369 should therefore be amended accordingly.

(26)

Without prejudice to Member States' market surveillance obligations and to suppliers' obligations to check product conformity, suppliers should make the required product compliance information available electronically in the product database.

(27)

In order for end-users to have confidence in the tyre label, other labels that mimic it should not be allowed. Additional labels, marks, symbols or inscriptions that are likely to mislead or confuse end-users with respect to the parameters covered by the tyre label should not be allowed for the same reason.

(28)

The penalties applicable to infringements of this Regulation and delegated acts adopted pursuant thereto should be effective, proportionate and dissuasive.

(29)

In order to promote energy efficiency, climate change mitigation and environmental protection, Member States should be able to create incentives for the use of energy efficient products. Member States are free to decide on the nature of such incentives. Such incentives should comply with Union State aid rules and should not constitute unjustifiable market barriers. This Regulation does not prejudice the outcome of any future state aid procedure that may be undertaken in accordance with Articles 107 and 108 of the Treaty on the Functioning of the European Union (TFEU) in respect of such incentives.

(30)

In order to amend the content and format of the label, to introduce requirements with respect to re-treaded tyres, snow or ice tyres, abrasion and mileage, and to adapt the Annexes to technical progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 (14). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 12]

(30a)

Data on mileage and abrasion of tyres, once a suitable testing method is available, will be a beneficial tool informing consumers about the durability, lifetime and the unintended release of microplastics of their purchased tyre. Mileage information would also enable consumers to make an informed choice with regard to tyres with a longer lifetime, which would help protect the environment, and at the same time allow them to estimate the operating costs of the tyres over a longer period. Therefore, mileage and abrasion performance data should be added to the label when a relevant, meaningful and reproducible testing method becomes available for the application of this Regulation. Research and development of new technologies in that field should continue. [Am. 13]

(31)

Tyres which were already placed on the market before the date of application of the requirements contained in this Regulation should not need to be re-labelled.

(32)

In order to reinforce confidence in the label and to ensure its accuracy, the declaration that suppliers make on the label regarding the values for rolling resistance, wet grip , snow grip and noise should be subject to the type approval process under Regulation (EC) No 661/2009. [Am. 14]

(32a)

The size of the label should remain the same as that set out in Regulation (EC) No 1222/2009. Details on Snow Grip and Ice Grip and the QR code should be included in the label. [Am. 15]

(33)

The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016, that evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures.

(34)

Since the objectives of this Regulation, namely to increase the safety and economic and environmental efficiency of road transport by providing information to end-users to allow them to choose more fuel efficient, safer and less noisy tyres, cannot be sufficiently achieved by the Member States because it requires harmonised information for end users but can rather, by reason of a harmonised regulatory framework and a level playing field for manufacturers, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. A Regulation remains the appropriate legal instrument as it imposes clear and detailed rules which preclude divergent transposition by Member States and thus ensures a higher degree of harmonisation across the Union. A harmonised regulatory framework at Union rather than at Member State level reduces costs for suppliers, ensures a level playing field and ensures the free movement of goods across the internal market. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(35)

Regulation (EC) No 1222/2009 should therefore be repealed,