AVAILABILITY OF CONSUMER INFORMATION ON FUEL ECONOMY AND CARBONDIOXIDE EMISSIONS IN RESPECT OF THE MARKETING

RESPECT OF THE MARKETING OF NEW PASSENGER CARS

SUBSIDIARY LEGISLATION 549.30

AVAILABILITY OF CONSUMER INFORMATION

ON FUEL ECONOMY AND CARBONDIOXIDE

EMISSIONS IN RESPECT OF THE MARKETING

OF NEW PASSENGER CARS REGULATIONS

1st May, 2004

LEGAL NOTICE 235 of 2002, as amended by Legal Notices 417 of 2005,

312 of 2006 and 426 of 2007.

The title of these regulations is the Availability of Consumer

Information on Fuel Economy and Carbondioxide Emissions in

respect of the Marketing of New Passenger Cars Regulations.

The objective of these regulations is to ensure that

information relating to the fuel economy and CO 2 emissions of new

passenger cars offered for sale or lease is made available to

consumers in order to enable consumers to make an informed

choice.

For the purposes of these regulations

"certificate of conformity" means the certificate referred to in

Article 6 of Directive 70/156/EEC;

"competent authority" means the Environment and Resources

Authority as prescribed by the Nomination of the Competent

Authority Order, and such other body or person as the Minister

responsible for the environment may by order in the Gazette

prescribe and different bodies or persons may be designated as the

competent authority for different provisions and different purposes

of these regulations;

"fuel economy guide" means a compilation of the official fuel

consumption data and official specific emissions of CO 2 for each

model available on the new car market;

"fuel economy label" means a label which contains consumer

information regarding the official fuel consumption and the official

specific emissions of CO 2 of the car to which the label is attached;

"make" means the trade name of the manufacturer and is that

which appears on the certificate of conformity and the type-

approval documentation;

"Minister" means the Minister responsible for the environment;

"model" means the commercial description of the make, type,

and, if available and appropriate, variant and version of a passenger

car;

"new passenger car" means any passenger car which has not

previously been sold to a person who bought it for a purpose other

than that of selling or supplying it;

"official fuel consumption" means the fuel consumption type-

RESPECT OF THE MARKETING OF NEW PASSENGER CARS

approved by the approval authority in accordance with the

provisions of Directive 80/1268/EEC and mentioned in Annex VIII

of Directive 70/156/EEC and attached to the EC vehicle type-

approval certificate or in the certificate of conformity. Where

several variants and, or versions are grouped under one model, the

value to be given for fuel consumption of that model shall be based

on the variant and, or version with the highest official fuel

consumption within that group;

"official specific emissions of CO 2 " for a given passenger car

means those measured in accordance with the provisions of

Directive 80/1268/EEC and mentioned in Annex VIII of Directive

70/156/EEC and attached to the EC vehicle type-approval

certificate or in the certificate of conformity. Where several

variants and, or versions are grouped under one model, the values

to be given for CO 2 of that model shall be based on the variant and,

or version with the highest of icial CO 2 emissions within that

group;

"operator of a point of sale" means the owner or the person in

charge at the point of sale;

"passenger car" means any motor vehicle intended for use on the

road, with or without bodywork, having at least four wheels and a

maximum design speed exceeeding 25 km/h, with the exception of

vehicles which run on rails and agricultural tractors and machinery;

"point of sale" means a location, such as a car showroom or

forecourt, where new passenger cars are displayed or offered for

sale or lease to potential customers. Trade fairs where new

passenger cars are presented to the public are included in this

definition;

"promotional literature" means all printed matter used in the

marketing, advertising and promotion of vehicles to the general

public. It includes, as a minimum, technical manuals, brochures,

advertisements in newspapers, magazines and trade press and

posters;

"type", "variant" and "version" mean the differentiated vehicles

of a given make that are declared by the manufacturer, as described

in Annex IIB to Directive 70/156/EEC, and uniquely identified by

type, variant and version alphanumeric characters.

The operator of a point of sale shall ensure that a label on

fuel economy and CO 2 emissions, which is in accordance with the

requirements described i n Annex I, shall b e attached to or

displayed, in a clearly visible manner, near each new passenger car

model at the point of sale.

The competent authority shall co-ordinate the compilation

of a guide on fuel economy and CO 2 emissions in consultation with

manufacturers on an annual basis in accordance with the

requirements of Annex II. The guide shall be portable, compact and

available free of charge to consumers upon request both at the point

of sale and also from the competent authority.

The operator of a point of sale shall ensure that for each

RESPECT OF THE MARKETING OF NEW PASSENGER CARS

make of car, a poster (or alternatively, a display) shall be exhibited

with a list of the official fuel consumption data and the official

specific CO 2 emissions data of all new passenger car models

displayed or offered for sale or lease at or through that point of

sale. This data shall be displayed in a prominent position and in

accordance with the format in Annex III.

The operator of a point of sale shall ensure that all

promotional literature shall contain the official fuel consumption

and the official specific CO 2 emission data of the passenger car

models to which it refers in accordance with the requirements of

Annex IV.

The presence on labels, guides, posters or promotional

literature and material referred to in regulations 4, 5, 6 and 7 of

other marks, symbols or inscriptions relating to fuel consumption

or CO 2 emissions which do not comply with the requirements of

these regulations is prohibited, if their display might cause

confusion to potential consumers of new passenger cars.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provision of these

regulations or fails to comply with permit conditions

or with any order lawfully given in terms of any

provision of these regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c) he acts in contravention of any of the provisions of

these regulations; or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising,

counselling or procurement to contravene the

provisions of these regulations or to fail to comply

with any such provisions, including any order lawfully

given in terms of any of the provision of these

regulations, or to contravene any restriction,

prohibition or requirement imposed by or under the

said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

(a) on a first conviction to a fine (multa) of not less than

one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69) but not exceeding two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37);

(b) on a second or subsequent convictions, to a fine

(multa) of not less than two thousand and three

hundred and twenty-nine euro and thirty-seven cents

(€2,329.37), but not exceeding four thousand and six

hundred and fifty-eight euro and seventy-five cents

(€4,658.75) or to imprisonment for a term not

RESPECT OF THE MARKETING OF NEW PASSENGER CARS

exceeding two years, or to both such fine and

imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a

vehicle, the owner of the said vehicle, where applicable, is held

liable in the same manner and degree

Provided further that the court shall order any person who

has been found guilty of committing an offence against these

regulations to pay for the expenses incurred by the competent

authority as a result of the said offence, the revocation of the permit

issued by the competent authority and the confiscation of the

corpus delicti, including the vehicle, if applicable.

(1) The provisions of articles 23 and 30 of the Criminal

Code shall, mutatis mutandis, apply to proceedings in respect of

offences against these regulations, so however that the

disqualification from holding or obtaining a licence, permit or

authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these

regulations shall be held before the Court of Magistrates (Malta) or

the Court of Magistrates (Gozo), as the case may be, and shall be in

accordance with the provisions of the Criminal Code regulating the

procedure before the said courts as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect

of proceedings for any offence against these regulations.

The Annexes to these regulations are being published in

the English language with the English text of these regulations.

RESPECT OF THE MARKETING OF NEW PASSENGER CARS

ANNEX I

DESCRIPTION OF THE LABEL ON FUEL ECONOMY AND CO 2 EMISSIONS

The Member States must ensure, as a minimum, that all fuel economy labels in

their territory

1. comply to a standardised format in order to allow greater recognition by

consumers;

2. are of a size of 297 mm X 210 mm (A4);

3. contain a reference to the model and fuel type of the passanger car to which

they are attached;

4. contain the numerial value of the official fuel consumption and the official

specific emissions of CO 2 . The value of the official fuel consumption is expressed in

either litres per 100 kilometres (l/100), or an appropriate combination of these and is

quoted to one decimal place. The official specific emissions of CO 2 are quoted to the

nearest whole number in grams per kilometre (g/km).

Such values can be expressed in diffennt units (gallons and miles) to the

extent compatible with the provisions of Directive 80/181/EEC ( * );

5. contain the following text regarding the availability of the guide on fuel

consumption and CO 2 emissions

'A guide on fueL economy and CO 2 emissions which contains data for all

new passenger car models is available at any point of sale free of charge';

6. contain the following text

'In addition to the fuel efficiency of a car, driving behaviour as well as other

non-technical factors play a role in determining a car’s fuel consumption and CO 2

emissions. CO 2 is the main greenhouse gas responsible for global warming'.

ANNEX II

DESCRIPTION OF THE GUIDE ON FUEL ECONOMY AND CO 2 EMISSIONS

The Member States must ensure that the guide on fuel economy and CO 2

emissions contains, as a minimum, the following information

1. a listing of all new passenger car models available for purchase within the

Member States on a yearly basis, grouped by makes in alphabetic order. If in a

Member State the guide is updated more than once a year, then the guide should

contain a listing of all new passenger car models available on the date of the

publication of this update;

2. for each model that appears in the guide, the fuel type, the numerical value

of the official fuel consumption and the official specific emissions of CO 2 . The value

of the official fuel consumption is expressed in either litres per 100 kilometres (l/100

km) or kilometres per litre (km/l), or an appropriate combination of these, and is

quoted to one decimal place. The official specific emissioas of CO 2 are quoted to the

nearest whole number in grams per kilometre (g/km).

* Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member

States relating to units of measurement and on the repeal of Directive 71/354/EEC (0J L 39, 15.2.1980. p.

40). Directive as last amended by Directive 89/617/EEC (0J L 357, 7.12.1989. p. 28).

RESPECT OF THE MARKETING OF NEW PASSENGER CARS

Such values can be expressed in different units (gallons and miles) to the

extent compatible with the provisions of Directive 80/181/EEC;

3. a prominent listing of the 10 most fuel-efficient new passenger car models

ranked in order of increasing specific emissions of CO 2 for each fuel type. The

listing must contain the model, the numerical value of the official fuel consumption

and the official specific emissions of CO 2 ;

4. advice to motorists that correct use and regular maintenance of the vehicle

and driving behaviour, such as avoiding aggressive driving, travelling at lower

speeds, anticipation braking correctly, inflating tyres, reducing periods of idling, not

carrying excessive weight, improve the fuel consumption and reduce the CO 2

emissions of their passenger car;

5. an explanation of the effects of greenhouse gas emissions, potential climate

change and the relevance of motor cars as well as a reference to the different fuel

options available to the consumer and their environmental implications based on the

latest scientific evidence and legislative requirements;

6. a reference to the Community’s target for the average emissions of CO 2

from new passenger cars and the date of which the target should be achieved;

7. a reference to the Commission’s guide on fuel economy and CO 2 emissions

on the Internet, when available.

ANNEX III

Substituted by

L.N. 417 of 2005;

DESCRIPTION OF THE POSTER/DISPLAY

L.N. 312 of 2006

TO BE DISPLAYED AT THE POINTS OF SALE

1. the poster or display shall have a minimum size of 70 cm x 5O cm;

2. the information in the poster shall be easy to read;

3. in a display where information is provided on an electronic screen, the

screen size shall be at least 25 cm x 32 cm (17 inches). The information may be

shown using scroll techniques;

4. the passenger car models are grouped and listed separately according to fuel

type (e.g. petrol or diesel). Within each fuel type, models are ranked in order of

increasing CO 2 emissions, with the model with the lowest official fuel consumption

being placed at the top of the list;

5. for each passenger car model in the list the make, the numerical value of the

official fuel consumption and the official specific emissions of CO 2 shall be given.

The value of the official fuel consumption shall be expressed in either litres per 100

kilometers (l/100 km), kilometers per litre (km/l), or an appropriate combination of

these, and is quoted to one decimal place. The official specific emissions of CO 2 are

quoted to the nearest whole number in grams per kilometre (g/km);

Such values may be expressed in different units (gallons and miles) to the extent

compatible with the provisions of Directive 80/181/EEC.

RESPECT OF THE MARKETING OF NEW PASSENGER CARS

A suggested format is shown below

Fuel Type

Ranking

Model

CO 2 emissions Fuel consumption

Petrol

1.

2. .....

Diesel

1.

2. .....

6. the poster/display shall contain the following text regarding the availability

of the guide on fuel economy and CO 2 emissioins: 'A guide on fuel economy and

CO 2 emissions which contains data for all new passenger car models is available at

any point of sale free of charge'; in the case of a display featuring an electronic

screen this message must be permanently visible;

7. the poster/display shall contain the following text: 'In addition to the fuel

efficiency of a car, driving behaviour as well as other non-technical factors play a

role in determining a car’s fuel consumption and CO 2 emissions. CO 2 is the main

greenhouse gas responsible for global warming'; in the case of a display featuring an

electronic screen this message must be permanently visible;

8. the poster/display shall be updated at least every six months. Where an

electronic display is used, the infoemation shall be updatedat least every three

months;

9. the poster/display shall be substituted completely and permanently by an

electronic screen. In this case the electronic screen shall be presented in such a way

that it attracts the awareness of the consumer at least with the same intensity as a

poster/display would have achieved.

ANNEX IV

THE PROVISION OF DATA ON FUEL CONSUMPTION AND CO 2 EMISSIONS

IN PROMOTIONAL LITERATURE

The Member States must ensure that all promotional literature contains the official

fuel consumption and official specific CO 2 emissions data of the vehicles to which it

refers. This informaaon should, as a minimum, meet the following requirements

1. be easy to read and no less prominent than the main part of the information

provided in the promotional literature;

2. be easy to understand even on superficial contact;

3. official fuel consumption data should be provided for all different car

models to which the promotional material covers. If more than one model is

specified then either the official fuel coruumption data for all the models specified is

included or the range between the worst and best fuel consumption is stated. Fuel

consumption is expressed in either litres per 100 kilometers (l/100 km), kilometers

per litre (km/l) or an appropriate combination of these. All numerical data are quoted

to one decimal place.

Such values may be expressed in different units (gallons and miles) to the

RESPECT OF THE MARKETING OF NEW PASSENGER CARS

extent compatible with the provisions of Directive 80/181/EEC.

If the promotional literature only contains reference to the make, and not to any

particular model, then fuel consumption data need not be provided.