EN    EN  
 EUROPEAN COMMISSION 
Brussels, 11.7.2012  
COM(2012) 393 final 
2012/0190 (COD) 
  
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Regulation (EC) No 443/2009 to de fine the modalities for reaching the 2020 
target to reduce CO 2 emissions from new passenger cars  
{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 rapidl y. 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 (EC) 443/2009 sets the CO 2 reduction framework for the new car fleet to 2020. 
The Regulation has a two-step operation. In the fi rst period to 2015 the modalities of 
compliance with the target have been establ ished. For the second period to 2020 the target 
cannot become effective without implementing the necessary modalities, which are to be determined in a review. This target was esta blished in the co-decis ion process and is not 
reconsidered 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 target is 
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 
utility parameter and CO
2 emissions (setting the shape and slope). Other modalities include 
                                                 
1 COM/2011/0112 final   
2 Excluding international maritime emissions 
3 EU transport in figures 2011 , European Commission EN 3   EN 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'  CONSULTATION  AND  IMPACT  ASSESSMENT 
Consultations with interested parties 
• External expertise 
An external study: 'Support for the revision of Regulation (EC) 443/2009 on CO 2 emissions 
from cars'4 has provided the main analysis underlying this proposal. It includes an evaluation 
of different modalities and assesses their co sts. The PRIMES-TREMOVE model has been 
used to assess the overall impacts of the 2020 targets. 
• Consultation of interested parties 
Stakeholders have been formally consulte d through an online 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 cars. 
– Public consultation 
An on-line public consultation wa s carried out in autumn 2011. Overall the responses give a 
generally clear message that regulating vehicle emissions is important, should be carried out 
in line with long term GHG goals, be base d on new vehicle averag e emissions and be 
technologically neutral. Opin ion was highly divided on whethe r the current legislation is 
working well. The main reason appears to be that  many think that the current legislation is not 
sufficiently robust. There is strong support for setting targets beyond 20 20, regardless of other 
measures that may be implemented. The resu lts of the public consultation have been 
summarised and published5. 
– Stakeholder meeting  
A stakeholder meeting was held on 6 D ecember 2011. The completed study was presented 
and presentations from the meeting along wi th a summary of the discussion have been 
published6. Participants did not express any substantial disagreement with the analysis 
presented; NGOs argued that since costs are lower than had previo usly been thought, the 
targets should be tightened.  
Impact assessment A joint impact assessment supporting the curren t proposal and an equivalent proposal to 
amend Regulation (EU) No 510/201 1 has been prepared. A broad approach has been taken to 
identifying policy options which covers issues raised in the legislation, those arising with 
implementation and those assessed in the studies  analysing possible approaches to improve 
the legislation's effectiveness. The following aspects were analysed:  
                                                
 
4 http://ec.europa.eu/clima/policies/transport/ vehicles/cars/docs/study_car_2011_en.pdf   
5 http://ec.europa.eu/clima/consultations/0012/index_en.htm   
6 http://ec.europa.eu/clima/events/0048/index_en.htm  EN 4   EN a) 'Do nothing' option; 
b) Modalities of m eeting the car target; 
c) Simplification and reducti on of administrative burden; 
d) Adaptation to the new test cycle; e) Form and stringency  of legislation beyond 2020. 
Based on an analysis of their economic, environmental and social impacts the impact 
assessment reached the following conclusions: 
• The utility parameter should continue to be mass for cars; the limit value curve 
should continue to be linear. 
• The evidence indicates that the slope of th e curve should be set at a relatively low 
level to reduce market distortions. 
• The Excess Emissions Premium should be ma intained at €95 per g/km per vehicle. 
• The Regulation should be updated to bring it into line with the Lisbon Treaty. 
• The derogation procedure should be simp lified by introduction of a 'de-minimis' 
exclusion for the smallest manufacturer s from the obligation of having a CO
2 target. 
In addition, more flexibility regarding the date of granting small volume derogations 
should be allowed. 
3. LEGAL  ELEMENTS  OF THE  PROPOSAL 
The EU has already acted in this area when  it adopted Regulation (EC) 443/2009 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 amends the Regulation to implement the modalities of meeting the 95 gCO 2/km 
target for new passenger cars to be reached in 2020. The main modalities implemented are as follows: 
– The utility parameter continues to be  the vehicle's mass in running order. 
– The limit value curve remains linear with a slope of 60% compared to the baseline 
fleet which is kept as the 2006 fleet in line with the 2015 limit value curve. 
– Super-credits for cars emitting below 35 gCO
2/km are introduced between 2020 and 
2023 with a multiplier of 1.3 and limited to a cumulative figure of 20 000 vehicles 
per manufacturers over the duration of the scheme. EN 5   EN – The "niche" derogation target is updated for 2020. 
– Manufacturers responsible for less than 500 registrations of new passenger cars per 
year are excluded from the obligation of having a CO 2 target. 
– More flexibility is allowed in the tim ing of decisions granting small volume 
derogations. 
– Eco-innovations are retained when a re vised test procedure is implemented. 
– The Excess Emissions Premium is mainta ined at €95 per g/km per vehicle. 
– The Committee procedure provisions are update d to be compatible with the Lisbon 
Treaty. 
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 addi tional 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 2012/0190 (COD) 
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Regulation (EC) No 443/2009 to define the modalitie s for reaching the 2020 
target to reduce CO 2 emissions from new passenger cars  
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
7,  
Having regard to the opinion of  the Committee of the Regions 8,  
Acting in accordance with the or dinary legislative procedure, 
Whereas: (1) Article 13(5) of Regulation (EC) No 443/ 2009 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
2 emissions from 
light-duty vehicles 9 requires the Commission to review  the modalities for reaching the 
95g CO 2/km target by 2020 in a cost -effective manner in par ticular the formula in 
Annex I and the derogations in Article 11. The proposal to amend the Regulation is requested to be as neutral as possible from the point of view of competition, socially 
equitable and sustainable. 
(2) It is appropriate to clarify that for the purpose of verifying compliance with the target 
of 95gCO
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 
repair and maintenance information10 and its implementing measures and innovative 
technologies. 
                                                 
7 OJ C , , p. . 
8 OJ C , , p. . 
9 OJ L 140, 5.6.2009, p. 1.  
10 OJ L 171, 29.6.2007, p.1. EN 7   EN (3) In recognition of the high research and development and unit production costs of early 
generations of ultra-low carbon vehicles it is  appropriate to acceler ate and facilitate, on 
an interim basis and to a limited extent, the process of their introduction into the Union 
market at their initial st ages of commercialization. 
(4) In recognition of the disp roportionate impacts on the sm allest manufacturers resulting 
from compliance with specific emissions targ ets defined on the basis of the utility of 
the vehicle, high administrative burden of the derogation procedur e and only marginal 
benefit in terms of avoided CO 2 from the vehicles sold  by these manufacturers, 
producers responsible annually for less than 500 new passenger cars are excluded from the scope of the specific emissions ta rget and the excess emissions premium. 
(5) The procedure to grant derogations 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) The procedure to grant derogations to niche manufacturers should be continued for 
2020. However, in order to ensure that  the reduction effort required by niche 
manufacturers is consistent with that of large volume manufacturers, a target 45 % 
lower than the average specific emissions  of niche manufacturers in 2007 should 
therefore apply from 2020. 
(7) 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. 
(8) The Regulation requires the Commission to carry  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 .  
(9) It is appropriate to adjust the wording of Article 3(2) of Re gulation (EC) No 443/2009 
to ensure that the concept of connected unde rtakings is in line with the provisions of 
Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations
11 between undertakings as well as with  Article 3(2) of Regulation (EU) 
No 510/2011 of the European Parliament a nd of the Council of 11 May 2011 setting 
emission performance standards for new light  commercial vehicles as part of the 
Union's integrated approach to reduce CO 2 emissions from light-duty vehicles12.  
                                                 
11 OJ L 24, 29.1.2004, p. 1. 
12 OJ L 145, 31.5.2011, p. 1. EN 8   EN (10) Regulation (EC) No 443/2009 confers power s on the Commission to implement some 
of its provisions in accordance with the pr ocedures laid down in Council Decision 
1999/468/EC of 28 June 199913. As a consequence of the entr y into force of the Treaty 
of Lisbon, those powers need to be aligne d to Articles 290 and 291 of the Treaty on 
the Functioning of the European Union. 
(11) In order to ensure uniform conditions for the implementation of Regulation (EC) No 
443/2009 , implementing powers should be conferred on the Commission. Those 
powers should be exercised in accordance with Regulation (EU)  No 182/2011 of the 
European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms  for control by the Member States of the 
Commission's exercise of implementing powers
14. 
(12) The power to adopt acts in accordan ce with Article 290 of the Treaty on the 
Functioning of the European Union should be delegated to the Commission in order to 
supplement the rules on derogati ons from the specific emissi ons targets, to amend data 
requirements for the purpose of monitoring of CO 2 emissions and to adjust the 
formulae for calculating the specific CO 2 emissions in Annex I to changes in the 
vehicle mass value and the re gulatory test procedure for the measurement of specific 
CO 2 emissions referred to in Regulation (EC) No 715/2007. It is of particular 
importance that the Commission carry out  appropriate consultations during its 
preparatory work, including at expert level. The Comm ission, when preparing and 
drawing up delegated acts, should ensure  a simultaneous, timely and appropriate 
transmission of relevant documents to th e European Parliament and to the Council. 
(13) It is appropriate to retain the approach towards setting the target based on a linear 
relationship between the utility of the car and its target CO 2 emissions as expressed by 
the formulae in Annex I, since this allows maintaining the diversity of the passenger car market and the ability of  manufacturers to address di fferent consumer needs, and 
thus avoiding any unjustified  distortion of the market.  
(14) 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 fo rmula for 2020 should be mass. Nevertheless, 
the lower cost and merits of a change to footprint as the utility parameter should be 
considered in the future review. 
(15) Regulation (EC) No 443/2009 shoul d therefore be amended accordingly, 
HAVE ADOPTED THIS REGULATION: 
Article 1 
 
Regulation (EC) No 443/2009 is amended as follows:  
                                                
 
13 OJ L 184, 17.7.1999, p. 23. 
14 OJ L 55 of 28.2.2011, p. 13. EN 9   EN (1) In Article 1, the second paragra ph is replaced by the following: 
"From 2020 onwards, this Regulation sets a target of 95 g CO 2/km as average 
emissions for the new car fleet as measured  in accordance with Regulation (EC) No 
715/2007 and Annex XII to Regulation (EC) No 692/2008 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 passenge r cars registered in the EU in the 
previous calendar year.’ 
(3) In point (a) of Article 3(2) the firs t indent is replaced by the following: 
"- the power to exercise more than half the voting rights; or" 
(4) Following Article 5 the following article shall be inserted: 
"Article 5a Super-credits for 95 g CO
2/km target 
1. In calculating the average specific emissions of CO 2, each new passenger car 
with specific emissions of CO 2 of less than 35 g CO 2/km shall be counted as 1.3 
passenger cars in the period from 2020 to  2023 and as 1 passenger car from 2024 
onwards. 
2. The maximum number of new passenger ca rs to be taken into account in the 
application of the multipliers  set out in paragraph 1 for the period 2020 to 2023 shall 
not exceed a cumulative total of 20 000 new registrations of passenger cars per 
manufacturer." 
(5) In Article 8, paragraph 9 is  replaced by the following: 
"9. The Commission shall adopt detailed rules on the procedures for monitoring 
and reporting of data under this Article and on the applic ation of Annex II by means 
of implementing acts. Those implementing act s shall be adopted in accordance with 
the examination procedure referred to in Article 14(2). 
The Commission may adopt delegated acts in accordance with Article 14a to amend 
Annex II as regards data require ments and data parameters."  
(6) In Article 9, paragraph 3 is  replaced by the following: 
"3. The Commission shall adopt detailed a rrangements for the collection of excess 
emissions premiums under paragraph 1 by means of implementing acts. Those 
implementing acts shall be adopted in acc ordance with the ex amination procedure 
referred to in Article 14(2)." 
(7) Article 11 is amended as follows: EN 10   EN (a) In paragraph 3 the last sentence is deleted. 
(b) In paragraph 4, second subparagraph, poi nt (b) is replaced by the following: 
"(b) if the application is in relation to  point (a) and (b) of Annex I, point 1, a 
target which is a 25 % reduction on the average specific emissions of CO
2 in 2007 or, where a single applic ation is made in respect of a 
number of connected undertakings, a 25 % reduction on the average of 
those undertakings' average specific emissions of CO 2 in 2007." 
(c) In paragraph 4, second subparagraph,  the following point (c) is added: 
"(c) if the application is in relation to  point (c) of Annex I, point 1, a target 
which is a 45 % reduction on the av erage specific emissions of CO 2 in 
2007 or, where a single application is made in respect of a number of connected undertakings, a 45 % re duction on the average of those 
undertakings' average specific emissions of CO
2 in 2007."  
(8) (b) Paragraph 8 is replaced by the following: 
"8. The Commission shall adopt delegated acts in accordance with Article 14a 
laying down rules to supplement paragraphs 1 to 7 of this Article, as regards the 
eligibility criteria for derogations, the conten t of the applications , and the content and 
assessment of programmes for the re duction of specific emissions of CO 2."  
(9) In Article 12(2), the first sent ence is replaced by the following: 
"The Commission shall adopt detailed prov isions for a procedure to approve the 
innovative technologies referred to in pa ragraph 1 by way of implementing acts. 
Those implementing acts shall be adopted  in accordance with  the examination 
procedure referred to in Article  14(2) of this Regulation." 
(10) Article 13 is amended as follows:  
(a) In paragraph 2, the third subparagraph is replaced by the following: "Those measures shall be adopted by mean s of delegated acts in accordance with 
Article 14a." 
(b) The second subparagraph of paragraph 3 is deleted. (c) Paragraph 5 is replaced by the following: "5. By 31 December 2014, the Commission sh all review the specific emissions 
targets, modalities and other aspects of this Regulation in order to establish the CO
2 
emission targets for new passenger cars for the period beyond 2020."  
(d) Paragraph 7 is replaced by the following: "7. The Commission shall be empowered to  adopt delegated acts in accordance 
with Article 14a to adapt the formulae in An nex I in order to reflect any change in 
the regulatory test procedure for the measurement of specific CO
2 emissions referred 
to in Regulation (EC) No 715/2007 a nd Regulation (EC) No 692/2008 while EN 11   EN ensuring that reduction require ments of comparable stringency for manufacturers and 
vehicles of different util ity are required under the old and new test procedures." 
(11) Article 14 is replaced by the following: 
"Article 14 
Committee procedure 
1. The Commission shall be assisted  by the Climate Change Committee 
established by Article 9 of Decision No 280/2004/EC of the European Parliament 
and of the Council. That committee shall be a committee within the meaning of 
Regulation (EU) No 182/2011. 
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 
182/2011 shall apply." 
(12) The following Article 14a is inserted: 
"Article 14a 
Exercise of the delegation 
1. The power to adopt delegated acts is  conferred on the Commission subject to 
the conditions laid down in this Article. 
2. The power to adapt delegated acts refe rred to in the second subparagraph of 
Article 8(9), Article 11(8), the third subparagraph of Artic le 13(2) and Article 13(7), 
shall be conferred on the Commission for an indeterminate period from [the date of 
entry into force of this Regulation].  
3. The delegation of power referred to in the second subparagraph of Article 8(9), 
Article 11(8), the third subparagraph of Article 13(2) and Article 13(7) may be 
revoked at any time by the European Par liament or by the Council. A decision to 
revoke shall put an end to the delegation of  the power specified in that decision. It 
shall take effect the day following the publ ication of the decision in the Official 
Journal of the European Union or at a later date specified therein. It shall not affect 
the validity of any delegate d acts already in force. 
4. As soon as it adopts a delegated act, the Commission shall notify it 
simultaneously to the European Parliament and to the Council. 
5. A delegated act adopted pursuant to th e second subparagraph of Article 8(9), 
Article 11(8), the third subparagraph of Ar ticle 13(2) and Article 13(7) shall enter 
into force only if no objection has been expressed either by the European Parliament or by the Council within a peri od of two months of notific ation of that act to the 
European Parliament and the Council or if , before the expiry of that period, the 
European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended  by two months at the initiative of the 
European Parliament or of the Council. 
(13) In point 1 of Annex I, the following point (c) is added: 
"(c) From 2020:  EN 12   EN Specific emissions of CO 2 = 95 + a × (M – M 0) 
Where: M = mass of the vehicle in kilograms (kg) M
0 = the value adopted pursuant to Article 13(2) 
a = 0,0333." 
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