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, 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, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 4432009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO, emissions from light-duty vehicles (1), and in particular Article 12(2) thereof, Whereas: In order to promote the development and the early uptake of new and advanced CO, emission-reducing vehicle technologies, Regulation (EC) No 443/2009 provides manufacturers and suppliers with the possibility of applying for the approval of certain innovative tech- nologies contributing to reducing CO, emissions from passenger cars. Therefore, it is necessary to clarify the criteria for determining which technologies should be eligible as eco-innovations pursuant to that Regulation. According to point (c) of Article 12(2) of Regulation (EC) No 443/2009, technologies that are part of the Union’s integrated approach outlined in the Commission Communication of 7 February 2007 entitled Results of the review of the Community Strategy to reduce CO, emissions from passenger cars and light-commercial vehicles’ () and the Commission Communication of 7 February 2007 entitled ‘A Competitive Automotive Regulatory Framework for the 21st Century’ (}), and have been regulated in Union law, or other technologies that are mandatory under Union law, are not eligible as eco-innovations under that Regulation. These tech- nologies include tyre pressure monitoring systems, tyre 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 general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefore (*) and, as regards tyre rolling 140, 5.6.2009, p. 1. (2007) 19 final. (2007) 22 final. 200, 31.7.2009, p. 1. 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 parameters (°). A technology that has already for some time been widely available on the market cannot be considered innovative within the meaning of Article 12 of Regulation (EC) No 4432009 and should not be eligible as an eco-inno- vation. In order to create the right incentives, it is appro- priate to limit the level of market penetration of a tech- 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 should be subject to review at the latest in 2015. In order to promote technologies with the highest potential for reducing CO, emissions from passenger cars, and in particular the development of innovative propulsion technologies, only those technologies should be eligible that are intrinsic to the transport function of the vehicle and contribute significantly to improving the overall energy consumption of the vehicle. Technologies that are accessory to that purpose or aim at enhancing the comfort of the driver or the passengers should not be eligible. According to Regulation (EC) No 443/2009, applications may be submitted by both manufacturers and suppliers. The application should include the necessary evidence that the eligibility criteria are fully met, including a methodology for measuring the CO, savings from the innovative technology. It should be possible to measure the CO, savings from an eco-innovation with a satisfactory degree of accuracy. That accuracy can only be achieved where the savings are 1g CO,/km or more. Where the CO, savings of a technology depends on the behaviour of the driver or on other factors that are outside the control of the applicant, that technology should in principle not be eligible as an eco-innovation, unless it is possible, on the basis of strong and inde- pendent statistical evidence, to make verifiable assumptions about average driver behaviour. () OJ L 342, 22.12.2009, p. 46.