EN    EN  
 EUROPEAN COMMISSION 
Brussels, 11.7.2012  
COM(2012) 394 final 
2012/0191 (COD) 
  
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Regulation (EU) No 510/2011 to de fine the modalities for reaching the 2020 
target to reduce CO 2 emissions from new light commercial vehicles 
(Text with EEA relevance) 
{SWD(2012) 213 final} 
{SWD(2012) 214 final}   
EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL 
• General context 
The EU has a stated objective of limiting global  climate change to a temperature increase of 
2ºC above pre-industrial levels . To achieve this, global emissi ons need to peak by 2020 and 
be reduced by at least 50% globally by 2050 compared to 1990. The European Council 
reconfirmed the EU target of  an 80-95% reduction by 2050 co mpared to 1990 in the context 
of the necessary reductions by developed countries as a group.  
Current policies would only lead to about a 40% GHG ("GHG") em ission reduction by 2050. 
The Commission 'Roadmap for moving to a compe titive low carbon economy in 2050'1 sets 
out how to meet the 2050 target  of reducing domestic emissions  by 80% in the most cost-
effective way. The Roadmap shows that every sector of the economy must contribute and, 
depending on the scenario, compared to 1990 tran sport emissions need to be between +20 and 
-9% by 2030 and decrease by 54% to 67% by 20502. 
While emissions from other sectors are generally  falling road transport is one of the few 
sectors where emissions have risen rapidly: between 1990 and 2008 emissions from road 
transport increased by 26%. In  2008 around 70% of transport CO 2 emissions came from road 
transport3. As a result, it is the second biggest  source of GHG emissions in the EU, and 
contributes about one-fifth of the EU's total emissions of CO 2.  
In March 2011 the Commission adopted the  'Roadmap to a Single European Transport Area 
– Towards a competitive and resour ce efficient transport system' . It sets out a transport 
strategy within a frame of achieving a 60%  reduction in transport GHG emissions by 2050. 
• The Regulation 
Regulation (EU) No 510/2011 sets the CO 2 reduction framework for the new van fleet to 
2020. The Regulation has a two-step operation. In the first period to 2017 the modalities of 
compliance with the targets have been estab lished. For the second period to 2020 the target 
cannot become effective without implementing the necessary modalities, which are to be determined in a review. The Commission is requ ested to confirm that the 2020 van target is 
feasible. This target was established in the co-decision process and, apart from its 
confirmation, is not recons idered in the review.  
Failure to determine or implement the modalities would have a detrimental effect on vehicle 
manufacturers and parts supplie rs who need certainty with regard to the technology and 
vehicles that will be needed to meet the target.  
Modalities are aspects of the implementation which impact on how the emission targets are 
achieved. Key modalities in the current Regulation include the limit value curve which is defined by the utility parameter and the func tion describing the relationship between the 
                                                
 
1 COM/2011/0112 final   
2 Excluding international maritime emissions 
3 EU transport in figures 2011 , European Commission  
EN 3   EN utility parameter and CO 2 emissions (setting the shape and slope). Other modalities include 
the excess emissions premium scheme, eco-innova tions, derogations, pooling, the phasing-in 
of the targets and granting of super- credits for a limited period of time.  
2. INTERESTED  PARTIES  CONSULTATIONS'  AND  IMPACT  ASSESSMENT 
Consultations with the interested parties 
• External expertise 
An external study4 'Support for the revision of Regulation (EU) 510/2011 on CO 2 emissions 
from light commercial vehicles'5 has provided the main analysis  underlying this proposal. It 
includes an evaluation of different modalities and assesses their costs. The PRIMES-TREMOVE model has been used to assess the overall impacts of the 2020 target. 
• Consultation of interested parties 
Stakeholders have been formally consulte d through an on-line questionnaire and through a 
stakeholder meeting. Input from stakeholders has been taken into account in assessing the 
different possible opti ons to regulate CO
2 emissions from light-duty vehicles (LDVs). 
– Public consultation 
An on-line public consultation wa s carried out in autumn 2011. Overall the responses give a 
message that regulating LDV emissions is importa nt, should be carried out in line with long 
term GHG goals, be based on new vehicle averag e emissions and be technologically neutral. 
Opinion was highly divided on wh ether the current legislation is working well. The main 
reason appears to be that many think that the current legislat ion is not sufficiently robust. 
There is strong support for setting targets be yond 2020, regardless of other measures that may 
be implemented. The results of the public cons ultation have been summarised and published6. 
– Stakeholder meeting  
A stakeholder meeting was held on 6 Decem ber 2011. The preliminary conclusions of the 
study were presented and presen tations from the meeting along with a summary of the 
discussion have been published7. Participants did not express any substantial disagreement 
with the analysis presented; NGOs argued that si nce costs are lower than had previously been 
thought, and emissions are substantially lowe r than anticipated, the targets should be 
tightened.  
The impact assessment 
A joint impact assessment supporting the curren t proposal and an equivalent proposal to 
amend Regulation (EC) No 443/2009 has been prep ared. A broad approach has been taken to 
identifying policy options which covers issues raised in the legislation, those arising with 
                                                 
4 Under framework contract ENV.C.3/FRA/2009/0043 on vehicle emissions  
5 http://ec.europa.eu/clima/policies/transport/vehicles/vans/studies_en.htm 
6 http://ec.europa.eu/clima/consultations/0012/index_en.htm   
7 http://ec.europa.eu/clima/events/0048/index_en.htm   
EN 4   EN implementation and those assessed in the studies  analysing possible approaches to improve 
the legislation's effectiveness. The following aspects were analysed:  
a) 'Do nothing' option; b) Confirmation of feasibility  of the 2020 target for vans; 
c) Modalities of meeting the van targets; d) Simplification and reducti on of administrative burden; 
e) Adaptation to the new test cycle; f) Form and stringency of legislation beyond 2020. Based on the analysis of the economic, envi ronmental and social impacts of different 
modalities the impact assessment reached the following conclusions: 
• The 2020 target of 147g/km for vans is c onfirmed as feasible at a lower cost.
  
• Utility parameter should cont inue to be mass; the limit value curve should continue 
to be linear and the slope of the curve should be set at 100%. 
• Excess Emissions Premium should be main tained at €95 per g/km per vehicle. 
• The derogation procedure should be simp lified by introduction of a 'de-minimis' 
exclusion for the smallest manufacturer s from the obligation of having the CO 2 
target. In addition, more fl exibility regarding the date  of granting small-volume 
derogations should be allowed.  
3. LEGAL  ELEMENTS  OF THE  PROPOSAL 
The EU has already acte d in this area when it adopted  Regulation (EU) 510/2011 based upon 
the environment chapter of the Treaty. The single  market also provides grounds to act at EU 
level rather than at Member State level so as to ensure common requirements across the EU 
and thus minimise costs for manufacturers.  
The adoption of the proposal will not lead  to the repeal of existing legislation. 
Summary of the proposed action 
The proposal confirms the feasibilit y of the average target of 147 g CO 2/km for new light 
commercial vehicles to be reached in 2020. It proposes to define the modalities of reaching 
the target as follows: 
– The utility parameter continues to be  vehicle's mass in running order. 
– The limit value curve remains linear with a slope of 100% compared to the baseline 
fleet.  
EN 5   EN – Manufacturers responsible for less than 500 registrations of ne w light commercial 
vehicles per year are excluded from the ob ligation to meet their specific emissions 
target. 
– More flexibility is allowed in the timing of decisions granting small-volume 
derogations. 
– Eco-innovations are retained when a revi sed test procedure is implemented.  
– Excess Emissions Premium is maintain ed at €95 per g/km per vehicle. 
As industry benefits from indi cations of the regulatory regime that would apply beyond 2020, 
the proposal includes a further review to ta ke place by, at the latest, 31 December 2014. 
4. BUDGETARY  IMPLICATION 
The proposal does not require ad ditional financial resources.  
5. OPTIONAL  ELEMENTS 
• Review/revision/sunset clause 
The proposal includes a review clause. 
• European Economic Area 
The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area.  
EN 6   EN 2012/0191 (COD) 
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Regulation (EU) No 510/2011 to define the modalitie s for reaching the 2020 
target to reduce CO 2 emissions from new lig ht commercial vehicles 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 192(1) thereof, 
Having regard to the proposal from the European Commission, 
After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee (
8),  
Having regard to the opinion of the Committee of the Regions (9),  
Acting in accordance with the or dinary legislative procedure, 
Whereas: (1) Article 13(1) of Regulation (EU) No 510/ 2011 of the European Parliament and of the 
Council of 11 May 2011 setting emission performance standards for new light 
commercial vehicles as part  of the Union’s integrat ed approach to reduce CO
2 
emissions from light-duty vehicles10 requests the Commission, subject to confirmation 
of its feasibilit y, to review the modalities of ac hieving the 147g/km target by 2020, 
including the formulae in Annex I and the derogations in Articl e 11. The proposal to 
amend the Regulation is requested to be as neutral as possible from the point of view 
of competition, socially e quitable and sustainable. 
(2) It is appropriate to clarify that for the purpose of verifying compliance with the target 
of 147 g CO 2/km, CO 2 emissions should continue to be measured in accordance with 
Regulation (EC) No 715/2007 of the European  Parliament and of the Council of 20 
June 2007 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 
                                                 
8 OJ C , , p. . 
9 OJ C , , p. . 
10 OJ L 145, 31.5.2011, p. 1.   
EN 7   EN repair and maintenance information11 and its implementing measures and innovative 
technologies. 
(3) According to the technical analysis made for the impact assessment, the technologies 
to meet the target of 147 g CO 2/km are available and the required reductions may be 
achieved at a lower cost than estimated in th e previous analysis carried out previous to 
the adoption of Regulation (EU) No 510/ 2011. In addition, the distance between the 
current average specific emissions of CO 2 from new light commercial vehicles and the 
target has also decreased. Therefore, th e feasibility of th e target of 147 g CO 2/km to be 
reached by 2020 is confirmed. 
(4) In recognition of the dispr oportionate impacts on the sma llest manufacturers resulting 
from the compliance with the specific emissions targets defined on the basis of the utility of the vehicle, high administrativ e burden of the derogation procedure and only 
marginal benefit in terms of CO
2 reduction of the vehi cles sold by these 
manufacturers, producers responsible annuall y for less than 500 new light commercial 
vehicles are excluded from the scope of the specific emissions target and the excess emissions premium. 
(5) The procedure to grant derogation to sm all-volume manufacturers shall be simplified 
to allow for more flexibility in terms of the timing of application for a derogation by the manufacturers and the decisi on to grant it by the Commission. 
(6) To enable the automotive industry to ca rry out long-term investments and innovation it 
is desirable to provide indi cations of how this Regulati on should be amended for the 
period beyond 2020. These indications should be based on an assessment of the 
necessary rate of reduction in  line with the Union's long term climate goals and the 
implications for the development of cost effective CO
2 reducing technolo gy for cars. It 
is therefore desirable for these aspects to  be reviewed, the Commission to make a 
report and if appropriate propos als made for targets beyond 2020. 
(7) Article 13(3) requests the Commission to publish a report on the availability of data on 
footprint and payload a nd their use as utility parameters  in the formulae in Annex I. 
Whereas this data is available and its pot ential use has been assessed in the impact 
assessment, it has been concluded that it is more cost-effective to retain mass in 
running order as the utility parameter for the 2020 target for light commercial vehicles. 
(8) It is appropriate to retain the approach towards setting the target based on a linear 
relationship between the utility of the light commercial vehicle and its target CO 2 
emissions as expressed by the formulae in Annex I, since this allows maintaining the diversity of the light commercial vehicle market and the ability of manufacturers to address different consumer needs, and t hus avoiding any unjus tified distortion of 
competition. It is however appropriate to upda te this approach to reflect the latest 
available data on registrations of new light commercial vehicles.  
(9) The Commission has assessed the availability of footprint data and its use as the utility 
parameter in the formulae in Annex I. This data is available and its potential use has 
been assessed in the impact assessment, on the basis of that assessment it is concluded that the utility parameter used in the formula for 2020 should be mass. 
                                                
 
11 OJ L 171, 29.6.2007, p.1.  
EN 8   EN (10) The Regulation requires the Commission to car ry out an impact assessment in order to 
review the test procedures to reflect adequately the real CO 2 emissions behaviour of 
cars. This work is proceeding through the development of a World Light Duty Test 
procedure in the framework of the Unite d Nations Economic Co mmission for Europe 
but is not yet complete. In view of th is, Annex I to Regulation (EC) No 443/2009 
establishes emission limits for 2020 as m easured according to Regulation (EC) No 
715/2007 and Annex XII to Regulation (EC) No 692/2008. When the test procedures 
are amended, the limits set in Annex I should be adjusted to ensure comparable stringency for manufacturer s and classes of vehicles .  
(11) Regulation (EU) No  510/2011 should therefore be amended accordingly, 
HAVE ADOPTED THIS REGULATION: 
Article 1 
 
Regulation (EU) No 510/2011 is  amended as follows:  
(1) In Article 1, paragraph 2 is  replaced by the following: 
‘2. From 2020, this Regulation sets a target of 147 g CO
2/km for the average 
emissions of new light commercial vehicles registered in the Union as measured in 
accordance with Regulation (EC) No 715/ 2007 and its implementing measures, and 
innovative technologies.’ 
(2) In Article 2, the following paragraph 4 is added: 
‘4. Article 4, Article 8(4)(b ) and (c), Article 9 and Article 10(1)(a) and (c) shall 
not apply to a manufacturer which is respons ible together with all of its connected 
undertakings for less than 500 new light commer cial vehicles registered in the EU in 
the previous calendar year.’ 
(3) In Article 11, paragraph 3 th e last sentence is deleted. 
(4) Article 13 is amended as follows: 
(a) Paragraph 1 is replaced by the following: 
‘By 31 December 2014, the Commission shall review the specific emissions targets, 
modalities and other aspects of this Re gulation in order to establish the CO 2 emission 
targets for new light commercial ve hicles for the period beyond 2020.’ 
(b) Paragraph 6 is amended as follows: 
– the second subparagraph is deleted; 
– the third subparagraph is replaced by the following: 
‘In order to reflect any change in the re gulatory test procedure for the measurement 
of specific CO 2 emissions, the Commission shall adapt the formulae set out in Annex 
I by means of delegated acts in accordan ce with Article 15, a nd subject to the  
EN 9   EN conditions laid down in Articles 16 and 17 while ensuring that reduction 
requirements of comparable stringency for manufacturers and vehicles of different 
utility are required under the ol d and new test procedures.’ 
(5) In point 1 of Annex I, the following point (c) is added: 
‘(c) from 2020:  Indicative specific emissions of CO
2 = 147 + a × (M – M 0) 
Where: M = mass of the vehicle in kilograms (kg) M
0 = the value adopted pursuant to Article 13(2) 
a = 0,096.’ 
Article 2 
 
This Regulation shall enter into  force on the third day following that of 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,  
For the European Parliament For the Council 
The President The President