EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 19.12.2007 
COM(2007) 856 final 
2007/0297 (COD)   
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
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  
(presented by the Commission)  
EN 2   EN EXPLANATORY MEMORANDUM  
1) CONTEXT OF THE PROPOSAL  
110 • Grounds for and objectives of the proposal 
The internal market comprises an area wit hout internal frontiers in which the free 
movement of goods, persons, services and capital must be ensured.  
The United Nations Framework Convention on Climate Change, which was approved 
on behalf of the European Community by C ouncil Decision 94/69/EC of 15 December 
1993 concerning the conclusion of the Un ited Nations Framework Convention on 
Climate Change,1 requires all parties to formulate and implement national and, where 
appropriate, regional programmes containing m easures to mitigate climate change. In 
this respect, the Commission proposed in  January 2007 that, in the context of 
international negotiations, the EU pursu es the objective of a 30% reduction in 
greenhouse gas emissions by developed c ountries by 2020 (compared to 1990 levels) 
and that the EU should make a firm independe nt commitment to achieve at least a 20% 
reduction of greenhouse gas emissions by 2020 (compared to 1990 levels).2 This 
objective was endorsed by the Council and the European Parliament.  
One of the implications of those commitme nts is for all Member States to reduce 
significantly emissions from passenger cars. Ca rs are an important part of the everyday 
lives of a large number of Europeans and the automotive industry is a significant 
source of employment and growth in many regions of the EU. Car usage also has 
significant impacts on climate change. Passeng er car use accounts for about 12% of 
overall EU emissions of carbon dioxide (CO 2), the main greenhouse gas. 
Improvements in vehicle motor technology, in pa rticular fuel effici ency, have led to a 
12.4% fuel efficiency improvement betw een 1995 and 2004. However, improvements 
in fuel efficiency have been offset mainly  by the increase in demand for transport and 
vehicle size. While the EU as a whole has reduced its emissions of greenhouse gases 
(GHG) by approximately 5% over the 1990- 2004 period and emissions have been 
declining in non-transp ort sectors, the CO 2 emissions from road transport have 
increased by 26%. Despite significant im provements in vehicle motor technology, in 
particular in fuel efficiency which also means lower CO 2 emissions, demand for 
transport and vehicle size has increased and progress has been too slow in view of the 
Community objective of average emissions  from the new car fleet of 120 g CO 2/km.  
The objective of this proposal is to ensure the proper functioning of the internal market 
for passenger cars by laying down harm onised rules to limit the average CO 2 emissions 
from the new car fleet in  the Community to 130g CO 2/km by 2012. Without such 
harmonisation there is a high risk that the internal market would be impaired with 
Member States seeking to take unilateral acti on in order to improve the fuel efficiency 
of passenger cars and reduce CO 2 emissions. This is part of an integrated approach and 
will be complemented by measures delivering an additional 10g CO 2/km in order to 
meet the Community objective of 120 g CO 2/km as set out in Communication 
                                                 
1 OJ L 33, 7.2.1994, p. 11. 
2 COM(2007) 2.  
EN 3   EN COM(2007)19. 
Adopting Community targets for new pass enger cars is necessary to prevent 
fragmentation in the internal market resul ting from the adoption of different measures 
at Member State level. Community targets provide manufacturers w ith more planning 
certainty and more flexibility to meet the CO 2 reduction requirements than would be 
provided by separate national reduction targets. In setti ng emissions standards it is 
important to take into account the imp lications for markets and manufacturers’ 
competitiveness, stimulating innovation and reducing energy consumption. In setting 
such standards, it is important to provide  Europe-wide planning security for vehicle 
manufacturers. 
The aim of this Regulation is to create incen tives for the car industry to invest in new 
technologies. The Regulation actively prom otes eco-innovation and takes into account 
future technological developments. In this way, the competitiveness of the European Industry is enhanced and more high-quality jobs created.   
120 • General context 
The Commission first adopted a Community Strategy to reduce CO 2 emissions from 
cars in 1995. The strategy was based on thr ee pillars: voluntary commitments from the 
car industry to cut emissions, improvements in consumer information and the promotion of fuel efficient cars via fiscal  measures. In 1998, the European Automobile 
Manufacturers Association adopted a commitme nt to reduce average emissions from 
new cars sold to 140 g CO
2/km by 2008 and, in 1999, the Japanese and Korean 
Automobile Manufacturers Associations adopted a similar commitment to reduce average emissions from new cars sold to 140 g CO
2/km by 2009.  
On 7 February 2007, the Commission a dopted two parallel Communications: a 
Communication on the results of the review  of the Community Strategy to reduce CO 2 
emissions from passenger cars and light-c ommercial vehicles and a Communication on 
a Competitive Automotive Regulatory Framework for the 21st Century CARS 21 ("the Communications"). The Communi cations underlined that while progress had been 
made some way towards the target of 140g CO
2/km by 2008/9, the Community 
objective of average emissions fr om the new car fleet of 120g CO 2/km would not be 
met by 2012 in the absence of additional measures. The Communications therefore proposed the adoption of an integrated appr oach to meet the Community objective and 
announced that the Commission would propose a legislative framework to achieve the 
Community objective by focusing on mandato ry reductions of emissions of CO
2 to 
reach the objective of 130 g CO 2/km for the average new car fleet by means of 
improvements in vehicle motor technol ogy, and a further reduction of 10 g CO 2/km, or 
equivalent if technically necessary, by other technological improvements and by an 
increased use of biofuels.  
The Communications emphasised that the le gislative framework for implementing the 
average new car fleet target should ensure co mpetitively neutral and socially equitable 
and sustainable reduction targets which are eq uitable to the diversity of the European 
automobile manufacturers and avoid any unjustified distortion of competition between automobile manufacturers. The legislative framework should be compatible with the 
overall objective of reaching the EU's Kyoto targets.  
EN 4   EN In May 2007, the Competitiveness Council supported "an integrated approach as 
proposed by the Commission, for reducing CO 2 emissions from motor vehicles" and 
underlined "that all the players must make  their contribution to reducing emissions 
harmful to the climate" and that "the oppor tunity for a regulatory framework which is 
cost-effective, ensures afford able mobility and contributes  to preserving the global 
competitiveness of the automotive industry" . In June 2007, the Environment Council 
"urged the European Commission to come fo rward, as soon as possi ble and before the 
end of 2007, with a legislative framework to reduce CO 2 emissions from cars (…)".  
These two Council formations, as well as the Transport Council in June 2007, called 
"on the Commission to configure the planned framework for attaining the target for 
average CO2 emissions from the fleet of ne w cars sold in the EU on the basis of a 
thorough impact assessment in a way that is as neutral as possibl e from the point of 
view of competition, and which is socially equitable and sustainable. It should be 
framed in such a way as to ensure that al l manufacturers intensify their efforts to make 
their whole vehicle production more environm entally-friendly in a cost-effective way". 
In its resolution adopted on 24 October 2007, the European Parliament welcomed the 
Commission's plan to propose legislation a nd proposed that binding emission targets be 
implemented from 2011 onwards in order to ensure that by tec hnical improvements to 
vehicles alone, the average new car fleet would reach 125 g CO 2/km in 2015. The 
Parliament recommended that reduction targets be defined through a footprint 
(trackwidth multiplied by wheelbase) based li mit value. The Parliament also insisted 
on the second step to be taken in view of  the longer-term target: the average new car 
fleet should reach 95 g CO 2/km by 2020 and possibly 70 g CO 2/km by 2025 subject to 
a confirmation or review by th e Commission no later than 2016. 
Consumer behaviour has an affect on overall emissions from passenger cars. 
Consumers should be provided with informa tion regarding whether new passenger cars 
meet the emission targets. The Commi ssion will adopt an amending proposal to 
improve the effectiveness of the fuel effi ciency labelling Dire ctive 1999/94/EC. Car 
taxation is also a powerful instrument to influence the purchase decisions of 
consumers. Taxes differentiated to support the market introduction of fuel efficient and 
low CO 2 emitting cars could facilitate the achie vement of the Community's target. The 
Commission has made a proposal for a C ouncil Directive on passenger car taxation 
(COM(2005)61) which allows for this possibi lity by requiring tax to be differentiated 
on the basis of the CO 2 emissions of each car, with the share of CO 2-related tax 
revenues rising from twenty-five per cent to fifty per cent.  
The mid-term review of the White Paper on the Common Transport Policy 
(COM(2006) 314) reconfirmed the objectives  of protecting the environment and 
ensuring energy security, highlighting CO 2 emissions as one of the challenges. 
 
130 • Existing provisions in the area of the proposal 
Commission Recommendation 1999/ 125/EC on the reduction of CO 2 emissions from 
passenger cars http://ec.eur opa.eu/environment/co2/99125/en.pdf. 
Commission Recommendation 2000/ 303/EC on the reduction of CO 2 emissions from  
EN 5   EN passenger cars (KAMA) http://ec.eu ropa.eu/environment/co2/00303/en.pdf. 
Commission Recommendation 2000/ 304/EC on the reduction of CO 2 emissions from 
passenger cars (JAMA) http://ec.europa.eu/en vironment/co2/00304/en.pdf. 
Decision 1753/2000/EC of the European Parlia ment and of the Council establishing a 
scheme to monitor average emissions of CO 2 from new passenger cars 
http://ec.europa.eu/environment/co2/001753/001753_en.pdf . 
140 • Consistency with the other policies and objectives of the Union  
The proposal is in line with  the three pillars of the Lisbon Strategy as tighter 
requirements on CO 2 emissions and fuel efficiency should encourage the development 
and application of new environmental tec hnologies, which in turn, could encourage 
high-value-added technology expor ts of technologies and ve hicles to emerging markets 
where oil is scarce and promote hi ghly qualified jobs in Europe.  
The proposal also contributes to the Re newed Sustainable Development Strategy 
adopted by the European Council in June 2006  by contributing to a more sustainable 
mobility. Making transport more sustaina ble would facilitate achieving other 
sustainable development goals. This rela tionship is particul arly strong between 
transport climate change, public health, co nservation of natural resources and energy 
use.  
2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT  
 • Consultation of interested parties  
211 Consultation methods, main sectors targ eted and general pr ofile of respondents  
In support of the earlier Communications, a first round of public consultation was 
carried out by the Commission in 2005-2006 vi a an internet consultation. This was 
complemented by a dedicated working group established under the European Climate Change Programme. In addition, the CARS 21 stakeholder group reviewed the role of 
environmental policy and CO
2 emissions as part of developing an overarching 
integrated policy framework for the automotive sector. 
Building on this work, the following additional consultations were ca rried out, together 
with an external study aimed at invest igating possible regulatory approaches to 
reducing CO 2 from light-duty vehicles: 
- Between 5 May and 15 July 2007, an on line internet public consultation was 
carried out, aimed at gathering the views of all stakeholders and members of the public 
on the implementation of the revised CO 2 and cars strategy; 
- To complement this internet consultation, a public hearing was organised by the 
Commission on 11 July 2007, where the stak eholders directly concerned by the 
upcoming legislation (automotive industr y, suppliers, environmental NGOs, social 
partners, consumers) had the opportunity to present their positions. 
212 Summary of responses and how th ey have been taken into account   
EN 6   EN The information gathered through the stak eholder consultation has been taken into 
account in the design of the proposed scheme. Details of how this was done are set out 
in the impact assessment report which accompanies this proposal. 
213 The Commission received 2390 responses to the internet consultation carried out 
between May and July 2007. The results are available on 
http://ec.europa.eu/reducing_c o2_emissions_from_cars/index_en.htm  and, along with 
the full report of the pub lic hearing, are summarised in  the annex to the impact 
assessment accompanying the proposal. 
 • Collection and use of expertise  
221 Scientific/expertise domains concerned  
(1) Expertise from the automotive industry, including manufacturers and (2) modelling 
expertise provided by external consultants (see Annex I to the Impact Assessment 
accompanying this proposal for details of the reference documents and considerations for the modelling framework). 
222 Methodology used  
Modelling with formal mathematical models  and calculations base d on statistical data. 
223 Main organisations/experts consulted  
Public authorities, industry associati ons, trade organisations, environmental 
organisations, consumer organisatio ns and external consultants. 
2241 Summary of advice received and used  
225 The advice provided by the external consultant has been used to assess the implications 
of the various policy options to achieve th e objectives of the proposal. These options 
and their implications are described in th e impact assessment which accompanies this 
proposal. 
226 Means used to make the exper t advice publicly available  
The study carried out in support of the impact assessment, together with earlier related 
work, will be made availabl e at the following websites: 
http://ec.europa.eu/envi ronment/co2/co2_studies.htm  
http://ec.europa.eu/enterpri se/automotive/index_en.htm  
230 • Impact assessment  
The impact assessment considered three main options:  
The first option considered was to set the same CO 2 emission limit for each 
manufacturer for the average of their new passenger car fleets in 2012, namely the 
average emission target of 130 g CO 2/km.  
EN 7   EN The second option considered was to define a linear curve giving the CO 2 value to be 
achieved by a given car as a function of its "utility" (mass or footprint) so that the 
average of the new passenger cars  in 2012 would deliver the 130 g CO 2/km target. 
The third and last option was to require manufacturers to deliver a set percentage 
reduction corresponding to the reduct ion needed to achieve the 130 g CO 2/km target in 
2012 compared to the 2006 situation. 
For all three options, flexibility mechanisms  have been considered, including fleet 
averaging, pooling and trading amongst manufacturers. Different compliance 
mechanisms have also been investigated. The potential economic, social and environmental impacts have been considered in detail.  
231 The detailed evaluation of the options is set out in the impact assessment 
accompanying the proposal which will be available at the following addresses: 
http://ec.europa.eu/environment/co2/co2_home.htm  and 
http://ec.europa.eu/enterpri se/automotive/index_en.htm . 
3) LEGAL ELEMENTS OF THE PROPOSAL  
305 • Summary of the proposed action  
The proposal aims to ensure the proper func tioning of the internal market for passenger 
cars by ensuring that average specific emi ssions of new passeng er cars in the 
Community do not exceed 130g CO 2/km from 2012 onwards.  
The key aspects of the proposal are:  - The proposal will apply to M1  vehicles (passenger cars). 
- The proposal sets targets for the specific emissions of CO
2 from new passenger cars 
in the Community as a function of their mass. 
- The proposal sets mandatory target s for the specific emissions of CO 2 of passenger 
cars from 2012 onwards. The targets will apply to the average specific emissions of CO
2 in g/km for new passenger cars for each manufacturer which are registered in the 
EU in each calendar year. Manufacturers ma y form a pool in order to meet their 
targets. Where two or more manufacturers fo rm a pool, the pool will be treated as if it 
is one manufacturer for the purposes of dete rmining its compliance with the targets. 
- Member States will be obliged to collect data on the new cars registered in their 
territory and to report this data to th e Commission for the purposes of assessing 
compliance with the targets. 
- If a manufacturer fails to meet its target, it will be required to pay an excess emissions 
premium in respect of each calendar year  from 2012 onwards. The premium will be 
calculated by multiplying the number of g CO 2/km by which the manufacturer 
exceeded its target  by the number of cars ne wly registered and by the excess emissions 
penalty for the year. The excess emissions pe nalty will be 20 euros for emissions in 
2012, 35 euros for emissions in 2013, 60 euros for emissions in 2014 and 95 euros for emissions in 2015 and each subsequent year.  
EN 8   EN - The targets under the Regulation are establ ished on the basis of the best knowledge 
currently available regarding in particular the likely fleet evolution between now and 2012 in respect of the autonomous weight increase. 
310 • Legal basis  
Article 95 of the EC Treaty is the appropriate legal basis because of the need to ensure 
a level playing field for all economic actors in the internal market while at the same 
time ensuring a high level of protecti on of health and the environment. 
320 • Subsidiarity principle  
The subsidiarity principle applies inso far as the proposal does not fall under the 
exclusive competence of the Community. 
 The objectives of the proposal cannot be sufficiently achieved by the Member States 
for the following reasons: 
321 The need to avoid the emergence of barri ers to the single market, the transboundary 
nature of climate change and the important  variations in the national averages of 
specific emissions of CO 2 for new passenger cars: the monitoring of the average new 
car CO 2 emissions shows that national new car fl eet emissions vary from Member State 
to Member State (in 2006, the average new car sold in Portugal emitted 144 g CO2/km, 
against 187 g CO 2/km in Sweden) and, as a result, Member States would not be able to 
implement national measures such that th e EU average of 130 g CO2/km would be 
delivered. 
 Community action will better achieve the obj ectives of the proposal for the following 
reasons: 
324 Harmonised action to reduce the climate change  impact of passenger cars can best be 
achieved by adopting legislation at Co mmunity level. Adopting targets for CO 2 
emissions from cars at the Community level prevents fragmentation of the internal market and provides manufacturers with more  flexibility in implementing the required 
CO
2 reductions across their new car fleet in the Community rather than having specific 
strategies for specific na tional reduction objectives. 
The Community has a long-standing target to reduce the average CO 2 emissions from 
new cars in the Community a nd the Council and European Pa rliament have called upon 
the Commission to make a proposal for legislation on this matter. 
327 The scope of the proposal is limited to defini ng manufacturers' target s in respect of the 
achievement of the average new car fleet emissions of 130 g CO 2/km, without 
prescribing complementary measures (advertis ing requirements, fiscal incentives) that 
Member States could take and that could contribute to the overall objective of reducing 
CO 2 from cars, although they would in themselv es not be sufficient to deliver the 130 g 
CO 2/km target. 
 The proposal therefore complies wi th the subsidiarity principle.  
EN 9   EN  • Proportionality principle  
The proposal complies with the proportiona lity principle for the following reasons: 
331 It does not go beyond what is necessary in or der to achieve the objectives of ensuring 
the proper functioning of the internal market  while at the same time providing for a 
high level of environmental protection. 
The proposal is proportionate to the EU's ove rall objective of reac hing the EU's Kyoto 
targets and sets competitively neutral and socially equitable and sustainable reduction 
targets which are equitable to the diversity of the European automobile manufacturers 
and avoid any unjustified distortion of competition between automobile manufacturers. 
332 The proposal will build upon an already existing monitoring scheme that was established earlier in order to follow up on the implementation of the CO
2 and cars 
strategy. 
 • Choice of instruments  
341 Proposed instrument: regulation. 
342 Other means would not be adequate for the following reasons: 
The Regulation comes after voluntary commit ments taken by the industry have been 
deemed inappropriate for the purpose of de livering further progre ss as part of the 
revised CO 2 and cars strategy (legislative fram ework implementing the integrated 
approach). 
The use of a Regulation is considered to be the appropriate legal instrument in 
providing the required assurance for complia nce whilst not requiring the transposition 
into Member States’ legislation. The Comm unity objective applies to the Community 
as a whole. It is, therefore, necessary to ensure that a uniform approach is applied in all 
Member States. Further, a harmonised appr oach is required in order to avoid 
distortions of competition which could have impacts on the internal market. 
4) BUDGETARY IMPLICATION  
401 Implementation of the proposal once adopted wi ll require resources at the EU level to 
adequately monitor manufacturers'  performance against their CO 2 reduction targets, 
and, where necessary, to administer excess emissions premiums provided for in the 
legislation, which will be incorpor ated into the general EU budget.. 
5) ADDITIONAL INFORMATION  
520 • Repeal of existing legislation  
The adoption of the proposal will lead to the repeal of existing legislation. 
 • Review/revision/sunset clause  
531 The proposal includes a review clause.  
EN 10   EN 560 • European Economic Area  
The proposed act concerns an EEA matter a nd should therefore exte nd to the European 
Economic Area.  
EN 11   EN 2007/0297 (COD) 
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
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 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty esta blishing the European Communit y, and in particular Article 
95 thereof, 
Having regard to the proposal from the Commission3, 
Having regard to the opinion of the Eu ropean Economic and Social Committee4, 
Having regard to the opinion of  the Committee of the Regions5, 
Acting in accordance with the procedure laid down in Article 251 of the Treaty6, 
Whereas: (1) The objective of this Regulation is to set emission performance standards for new 
passenger cars registered in the Community  which ensures the proper functioning of 
the internal market and delivers part of the Community's integrated approach to 
reducing CO
2 emissions from light-duty vehicles.  
(2) The internal market comprises an area without internal frontiers in which the free 
movement of goods, persons, services and capital must be ensured. The Community 
has put in place a well-functioning internal ma rket in the automotive sector, which has 
created a solid basis for uninterrupted intra-Community trade in automotive products. The targets for CO
2 emissions should be harmonised to avoid differing requirements 
between Member States, to preserve the achievements of the internal market and ensure the free movement of passenger cars  within the Community while ensuring a 
high level of environmental protection.  
(3) The United Nations Framework Convention on Climate Change, which was approved 
on behalf of the European Community by Council Decision 94/69/EC of 15 December 
1993 concerning the conclusion of the United Nations Framework Convention on 
                                                
 
3 OJ C […], […], p. […]. 
4 OJ C […], […], p. […]. 
5 OJ C […], […], p. […]. 
6 OJ C […], […], p. […].  
EN 12   EN Climate Change,7 requires all parties to  formulate and implement national and, where 
appropriate, regional programmes containing m easures to mitigate climate change. In 
this respect, the Commission proposed in January 2007 that, in the context of 
international negotiations, the EU pursu es the objective of a 30% reduction in 
greenhouse gas emissions by developed c ountries by 2020 (compared to 1990 levels) 
and that the EU should make a firm inde pendent commitment to achieve at least a 
20% reduction of greenhouse gas emissi ons by 2020 (compared to 1990 levels).8 This 
objective was endorsed by the Council and the European Parliament.  
(4) One of the implications of those commitments is for all Member States to reduce 
significantly emissions from passenger cars. Policies and measures should be 
implemented at Member State and Comm unity level across al l sectors of the 
Community economy, and not only  within the industry and en ergy sectors, in order to 
generate the substantial re ductions needed. Road transport is the second largest 
greenhouse gas emitting sector in the EU and its emissions continue to rise. If the climate change impact of road transport co ntinues to increase, it will significantly 
undermine reductions made by other sectors to combat climate change. 
(5) Adopting Community targets for new pa ssenger cars is necessary to prevent 
fragmentation in the internal market resulting from the a doption of different measures 
at Member State level. Community targets provide manufacturers with more planning 
certainty and more flexibility to meet the CO
2 reduction requirements than would be 
provided by separate national reduction targets. In settin g emission standards it is 
important to take into account the imp lications for markets and manufacturers’ 
competitiveness, the direct and indirect cost s imposed on business and the benefits that 
accrue in terms of stimulating innovati on and reducing energy consumption.  
(6) This Regulation builds on a well-establishe d process of measuring and monitoring the 
CO 2 emissions of vehicle manufacturers at  European level in accordance with 
Decision 1753/2000/EC of the European Par liament and of the Council of 22 June 
2000 establishing a scheme to monitor th e average specific emissions of CO 2 from 
new passenger cars9 and it is important that the setting of CO 2 reduction requirements 
continues to provide Community -wide predictability and pl anning security for vehicle 
manufacturers across their new car fleet in the Community. 
(7) The Commission adopted a Community Strategy for reducing CO 2 emissions from 
cars in 1995.10 The strategy was based on three pillars: volunta ry commitments from 
the car industry to cut emissions, improve ments in consumer information and the 
promotion of fuel efficient cars via fiscal measures.  
(8) In 1998, the European Automobile Manufact urers Association (ACEA) adopted a 
commitment to reduce average emissions from new cars sold to 140 g CO 2/km by 
2008 and, in 1999, the Japanese Automobile Manufacturers Associ ation (JAMA) and 
Korean Automobile Manufacturers Associ ation (KAMA) adopted a commitment to 
reduce average emissions from  new cars sold to 140 g CO 2/km by 2009. These 
commitments were recognised by Commi ssion Recommendation 1999/125/EC of 5 
                                                 
7 OJ L 33, 7.2.1994, p. 11. 
8 COM(2007) 2. 
9 OJ L 202, 10.8.2000, p.1. 
10 COM(95) 689 final.  
EN 13   EN February 1999 on the reduction of CO 2 emissions from passenger cars11 (ACEA); 
Commission Recommendation 2000/303/EC of  13 April 2000 on the reduction of CO 2 
emissions from passenger cars (KAMA)12 and Commission Recommendation 
2000/303/EC of 13 April 2000 on the reduction of CO 2 emissions from passenger cars 
(JAMA13). 
(9) On 7 February 2007, the Commission adop ted two parallel Communications: a 
Communication setting out the results of the review of the Community Strategy to 
reduce CO 2 emissions from passenger cars and light-commercial vehicles14 and a 
Communication on a Competitive Automotiv e Regulatory Framework for the 21st 
Century CARS21.15 The Communications underlined that progress had been made 
towards the target of 140 g CO 2/km by 2008/2009, but that th e Community objective 
of 120 g CO 2/km would not be met by 2012 in the absence of additional measures. 
(10) The Communications proposed an integrated approach with a view to reaching the 
Community target of 120 g CO 2/km by 2012 and announced that the Commission 
would propose a legislative framework to  achieve the Comm unity objective by 
focusing on mandatory reductions of emissions of CO 2 to reach the objective of 130 g 
CO 2/km for the average new car fleet by means of improvements in vehicle motor 
technology. Consistent with the approach under the voluntary commitments adopted 
by the manufacturers, this covers those elem ents that are taken into account in the 
measurement of the CO 2 emissions of passenger cars in  accordance with Regulation 
(EC) No 715/2007 of the European Parliame nt and of the Council of 20 June 2007 on 
type approval of motor vehicles with re spect to emissions from light passenger and 
commercial vehicles (Euro 5 and Euro 6)  and on access to vehicle repair and 
maintenance information.16 A further reduction of 10 g CO 2/km, or equivalent if 
technically necessary, will be  delivered by other technolog ical improvements and by 
an increased use of biofuels. In addition, c onsumer behaviour has an affect on overall 
emissions from passenger cars and theref ore consumers should be provided with 
information regarding whether new passenger cars meet the emission targets set under 
this Regulation. 
(11) The legislative framework for implementing the average new car fleet target should 
ensure competitively neutral and socially equitable and sustaina ble reduction targets 
which are equitable to the diversity of th e European automobile manufacturers and 
avoid any unjustified distortion of competition between automobile manufacturers. The legislative framework should be compatib le with the overall objective of reaching 
the EU’s Kyoto targets and should be complemented by other more use-related 
instruments such as differentiating car and energy taxes. 
(12) In order to maintain the diversity of the car market and its ability to cater for different 
consumer needs, CO
2 targets for passenger cars should be defined as a function of the 
utility of the cars on a linear basis. To describe this utility, mass is the most 
appropriate parameter because it provides a satisfactory correlation with present 
                                                 
11 C(1999) 107 OJ L 40, 13.2.1999. p. 49. 
12 C(2000) 803, OJ L 100, 20.4.2000, p. 55. 
13 C(2000) 801, OJ L 100, 20.4.2000, p. 57. 
14 COM(2007) 19 final. 
15 COM (2007) 22 final. 
16 OJ L 171, 29.6.2007, p.1.  
EN 14   EN emissions and would therefore result in mo re realistic and competitively neutral 
targets and because data on mass is readily available. Data on the alternative utility 
parameter of footprint (track width times wheelbase) should, however, be collected in 
order to facilitate longer-t erm evaluations of the utility-based approach. In the 
establishment of the targets, the projected evolution of new cars' mass until 2012 should be taken into account, and potential incentives to increase vehicle mass just in 
order to benefit from a cons equential increase of the CO
2 reduction target should be 
avoided. Therefore, the possible future autonomous mass increase evolution of 
vehicles produced by the ma nufacturers and sold on the EU  market should be taken 
into account when defining the targets fo r 2012. Finally, differentiation of targets 
should encourage emissions reductions to be  made in all categories of cars while 
recognising that larger em ission reductions can be made for heavier cars. 
(13) The aim of this Regulation is to create incen tives for the car industry to invest in new 
technologies. The Regulation actively prom otes eco-innovation and takes into account 
future technological developments. In this  way, the competitiveness of the European 
Industry is enhanced and more  high-quality jobs created. 
(14) To provide consistency with the appr oach adopted under the Commission's CO 2 and 
cars strategy, in particular in relation to  the voluntary commitments undertaken by the 
manufacturers associations, the target s hould be applied to new passenger cars 
registered in the Community for the first time and which, except for a limited period to avoid abuses, have not previously be en registered outsi de the Community. 
(15) Directive 2007/46/EC of the European Par liament and of the Council of 5 September 
2007 establishing a framework for the approval  of motor vehicles and their trailers, 
and of systems components and separate technical units intended for such vehicles
17 
establishes a harmonised framework contai ning the administrative provisions and 
general technical requirements  for approval of all new vehicles within its scope. The 
entity responsible for complying with this Regulation should be the same as the entity 
responsible for all aspects of the type-a pproval process in accordance with that 
Regulation and for ensuring conformity of production.  
(16) Special purpose vehicles to which specific requirements apply for the purposes of 
type-approval, including vehicles built specifically for commercial purposes to accommodate wheelchair use inside the vehicle in accordance with Community policy to help disabled persons, should be excl uded from the scope of this Regulation.  
(17) Manufacturers should have flex ibility to decide how to meet their targets under this 
Regulation and should be allowe d to average emissions over their new car fleet rather 
than having to respect CO
2 targets for each individual car. Manufacturers should 
therefore be required to ensure that the average specific emission for all the new cars 
registered in the Community for which th ey are responsible does not exceed the 
average of the emissions targets for those cars.  
(18) In order to provide flexibility for manufact urers, manufacturers ma y agree to form a 
pool on an open, transparent and non-discrimi natory basis for the purposes of meeting 
their targets under this propos al. An agreement to form a pool should not exceed five 
                                                 
17 OJ L 263, 9.10.2007, p.1.  
EN 15   EN years but may be renewed. Where manufactur ers form a pool, manufacturers should be 
deemed to have met their targets under th is Regulation provide d that the average 
emissions of the pool as a whole do not exceed the target emissions for the pool. 
(19) A robust compliance mechanism is necessary in order to ensure that the targets under 
this Regulation are met.  
(20) The specific emissions of carbon dioxide fr om new passenger cars are measured on a 
harmonised basis in the Community acco rding to the methodology laid down in 
Regulation (EC) No 715/2007. To  minimise the administrative burden of the scheme, 
compliance with the scheme should be measur ed by reference to data on registrations 
of new cars in the Community collected by Member States and reported to the 
Commission. To ensure the consistency of th e data used to assess compliance, the 
rules for the collection and reporting of this  data should be harmonised as far as 
possible.  
(21) Directive 2007/46/EC provides that manuf acturers are to issue a certificate of 
conformity which must accompany each new passenger car and that Member States are to permit the registration and entry into  service of a new passe nger car only if it is 
accompanied by a valid certificate of confor mity. Data collected by Member States 
should be consistent with the certificate of  conformity issued by the manufacturer for 
the passenger car.  
(22) Manufacturers' compliance with the targets under this Regulation should be assessed 
at the Community level. Manufacturers whose average specific emissions of CO
2 
exceed those permitted under this Regulation should pay an excess emissions premium in respect of each calendar year from  2012 onwards. The premium should be 
modulated as a function of the extent to wh ich manufacturers fail to comply with their 
target. It should increase over time. In orde r to provide a sufficient incentive to take 
measures to reduce specific emissions of CO
2 from passenger cars, the premium 
should reflect technological  costs. The amounts of the excess emissions premium 
should be considered as revenue for the budget of the European Union. 
(23) This Regulation should be w ithout prejudice to the full application of Community 
competition rules. 
(24) Given the priority inherently attached to the reduction of CO 2 emissions, the 
implementation of this Regulation at Co mmunity level should be supported by the 
existing Community Financial Instrument fo r the Environment (LIFE+) in accordance 
with the rules and conditions applicable  to Regulation (EC) No 614/2007 of the 
European Parliament and of the Council of 23 May 2007 concerning the Financial Instrument for the Environment (LIFE+).
18 
(25) The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of impl ementing powers conferred on the Commission.
19 
                                                 
18 OJ L 149, 9.6.2007, p.1. 
19 OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11).  
EN 16   EN (26) In particular power should be conferred on the Commission to amend the monitoring 
and reporting requirements in the light of th e experience of the application of this 
Regulation, to establish methods for the co llection of excess emissions premiums and 
to adopt detailed provisions for the improveme nt of the specialist derogation for small 
volume independent manufacturers. Since thos e measures are of general scope and are 
designed to amend non-essential elements of  this Regulation and to supplement this 
Regulation by the addition of new non-essentia l elements, they should be adopted in 
accordance with the regulatory procedure with scrutiny provid ed for in Article 5a of 
Decision 1999/468/EC. 
(27) Decision 1753/2000/EC should be  repealed for reasons of simplification and legal 
clarity. 
(28) Since the objective of the proposed action cannot be achieved by the Member States 
acting individually, and can therefore, by reason of the scale and effects of the 
proposed action, be better achieved at Comm unity level, the Community may adopt 
measures, in accordance with the principle of subsidiarity as set out in Article 5 of the 
Treaty. 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 that 
objective. 
HAVE ADOPTED THIS REGULATION: 
Article 1 
Subject matter and objectives 
This Regulation establishes CO 2 emission performance requirements for new passenger cars 
in order to ensure proper f unctioning of the internal market  and achieve the EU's overall 
objective that the average ne w car fleet should achieve CO 2 emissions of 120 g CO 2/km. The 
Regulation sets the average CO 2 emissions for new passenger cars at 130 g CO2/km by means 
of improvement in vehicle motor technology as measured in accordance with Regulation (EC) 
No 715/2007 and its implementing measures. Th is Regulation will be complemented by 
additional measures correspondin g to 10 g/km as part of the Community's integrated 
approach. 
Article 2 
Scope 
1. This Regulation shall apply to motor vehicles of category M 1 as defined in Annex II 
to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and vehicles 
to which type-approval is extended in accordance with Article 2(2) of Regulation 
(EC) No 715/2007 ('passenger cars') which ar e registered in the Community for the 
first time and which have not previously been registered out side the Community 
('new passenger cars').   
EN 17   EN 2. A previous registration outside the Commu nity less than three months before 
registration in the Community sha ll not be taken into account.  
3. It does not apply to special purpose vehicles as defined in paragraph 5 of Annex II to 
Directive 2007/46/EC. 
Article 3 
Definitions  
1. For the purposes of this Regulation, th e following definitions shall apply:  
(a) 'average specific emissions of CO 2' means, in relation to  a manufacturer, the 
average of the specific emissions of CO 2 of all new passenger cars for which it 
is the manufacturer;  
(b) 'certificate of conformity' means the certificate referred to in Article 18 of 
Directive 2007/46/EC;20 
(c) 'manufacturer' means the person or body re sponsible to the approval authority 
for all aspects of the EC type-approval procedure in accordance with Directive 
2007/46/EC and for ensuring conformity of production;  
(d) 'mass' means the mass of the car with bodywork in running order as stated in 
the certificate of c onformity and defined in section 2.6 of Annex I to Directive 
2007/46/EC; 
(e) 'specific emissions of CO 2' means the emissions of a passenger car measured in 
accordance with Regulation (EC) No  715/2007 and specified as the CO 2 mass 
emission (combined) in the certificate of conformity; 
(f) 'specific emissions target' means, in re lation to a manufactur er, the average of 
the specific emissions of CO 2 permitted in accordance with Annex I in respect 
of each new passenger car for which it  is the manufacturer or, where the 
manufacturer is granted a derogation under Article 9, the specific emissions of 
CO 2 permitted in accordance with that derogation. 
2. For the purposes of this Regulation, ma nufacturers will be considered to be 
connected if they are connected undertakings. 'Connected undertakings' means: 
(a) undertakings in which a party to an agreement between one or more 
undertakings, directly or indirectly: 
(i) has the power to exercise more  than half the voting rights; or 
(ii) has the power to appoi nt more than half the me mbers of the supervisory 
board, board of management or bodies legally representing the 
undertaking; or 
                                                 
20 OJ L 263, 9.10.2007, p.1.   
EN 18   EN (iii) has the right to manage  the undertaking's affairs; 
(b) undertakings which directly or indirectly  have, over a party to such agreement, 
the rights or powers lis ted in point (a); 
(c) undertakings in which an undertaking referre d to in point (b) has, directly or 
indirectly, the rights or po wers listed in point (a); 
(d) undertakings in which a party to such ag reement together with one or more of 
the undertakings referred to in points (a), (b ) or (c), or in which two or more of 
the latter undertakings, jointly have the rights or powers lis ted in point (a); 
(e) undertakings in which the rights or the pow ers listed in (a) ar e jointly held by: 
(i) parties to such agreement or th eir respective conn ected undertakings 
referred to in points (a) to (d); or 
(ii) one or more of the parties to such agreement or one or more of their 
connected undertakings referred to in  points (a) to (d) and one or more 
third parties. 
Article 4 
Specific emissions targets 
For the calendar year commencing 1 January 2 012 and each subsequent calendar year, each 
manufacturer of passenger cars shall ensure that its average specific emissions of CO 2 do not 
exceed its specific emissions target determined in accordance with Annex I or, where a manufacturer  is granted a derogation under Article 9, in accordance with that derogation. 
Article 5 
Pooling   
1. Manufacturers, other than manufacturers which have been granted a derogation 
under Article 9, may form a pool for the pur poses of meeting their obligations under 
Article 4. 
2. An agreement to form a pool may relate to  one or more calendar years provided that 
the overall duration of each agreement does not exceed five calendar years and must 
be entered into on or before 31 Decembe r in the first calendar year for which 
emissions would be pooled. Manufacturers wh ich form a pool shall file information 
with the Commission: 
(a) specifying the manufacturers who will be included in the pool; 
(b) nominating one of the manufacturers as  the pool manager who will be the 
contact point for the pool and will be  responsible for paying any excess 
emissions premium imposed on the pool in accordance with Article 7; and  
EN 19   EN (c) providing evidence that the pool manager wi ll be able to fu lfil the obligations 
under point (b).  
3. Where the proposed pool manager fails to meet the requirements of point (c) of 
paragraph 2, the Commission sh all notify the manufacturers.  
4. Manufacturers included in a pool shall join tly inform the Commission of any change 
to the pool manager or its financ ial status so far as it may a ffect its ability to meet the 
requirements of point (c) of paragraph 2, a ny changes to the membership of the pool 
or the dissolution of the pool.  
5. Manufacturers may enter into pooling arrange ments provided that their agreements 
are in compliance with Articles 81 and 82 of  the Treaty and that, they allow open, 
transparent and non-discriminatory partic ipation on commercially reasonable terms 
by any manufacturer requesting to become  a member of the pool. Without limiting 
the general applicability of  EU Competition rules to such pools, all members of a 
pool shall in particular ensure that no da ta sharing nor information exchange may 
occur in the context of th eir pooling arrangement, except the following information: 
(i) average specific emissions of CO 2; 
(ii) the specific emissions target; 
(iii) total number of vehicles registered. 
6. Paragraph 5 shall not apply where all th e manufacturers included in the pool are 
connected undertakings. 
7. Except where notification is given under paragraph 3, the manufacturers in a pool for 
which information is filed with the Commissi on shall be considered as if they were 
one manufacturer for the purposes of this Regulation. 
Article 6 
Monitoring and reporting of average emissions  
1. For the year beginning 1 January 2010 and each subsequent year, each Member State 
shall record information for each new passeng er car registered in its territory in 
accordance with Part A of Annex II. 
2. By 28 February 2011 and each subsequent ye ar, the Member State shall determine 
and transfer to the Commission the informati on listed in Part B of  Annex II in respect 
of the preceding calendar year. The data shall be transmitted in accordance with the format specified in Part C of Annex II.  
3. On request from the Commission, a Member St ate shall also transmit the full set of 
data collected pursuant to paragraph 1.   
EN 20   EN 4. The Commission shall keep a central register of the data reported by Member States 
under this Article and by 30 June 2011 and each subseque nt year shall provisionally 
calculate for each manufacturer:  
(a) the average specific emissions of CO 2 in the preceding calendar year in the 
Community; 
(b) the specific emissions  target in the preceding calendar year; and 
(c) the difference between its average specific emissions of CO 2 in the preceding 
calendar year and its specific em issions target for that year.  
The Commission shall notify each manufacturer of its provisional calculation for that 
manufacturer. The notification shall include  data per Member State on the number of 
new passenger cars registered a nd their specific emissions of CO 2.  
The register shall be publicly available. 
5. Manufacturers may, within 2 months of bei ng notified of the provi sional calculation 
under paragraph 4, notify the Commission of any errors in the data specifying the 
Member State in which it consid ers that the error occurred.  
The Commission shall consider any notific ations from manufact urers and shall by 30 
September either confirm or amend and confirm the provisional calculations under 
paragraph 4. 
6. Where, on the basis of the calculations unde r paragraph 5, in rela tion to the calendar 
year 2010 or 2011, it appears to the Commis sion that a manufacturer's average 
specific emissions of CO 2 in that year exceeded its specific emissions target for that 
year, the Commission shall notify the manufacturer. 
7. Member States shall designate a comp etent authority for the collection and 
communication of the monitoring data in ac cordance with this Regulation and shall 
inform the Commission of the competent au thority designated no later than 6 months 
after the entry into fo rce of this Regulation. 
8. The Commission may adopt detailed rules on the monitoring and reporting of data 
under this Article and on the applicati on of Annex II in accordance with the 
procedure referred to in Article 12(2).  
The Commission may amend Annex II in th e light of the experience of the 
application of this Regulation. Those m easures designed to amend non-essential 
elements of this Regulation shall be a dopted in accordance with the regulatory 
procedure with scrutiny refe rred to in Article 12(3).  
EN 21   EN Article 7 
Excess Emissions Premium  
1. In respect of each calendar year from 2012 onwards for which a manufacturer's 
average specific emissions of CO 2 exceed its specific emissions target in that year, 
the Commission shall impose an excess em issions premium on the manufacturer or, 
in the case of a pool, the pool manager.  
2. The excess emissions premium under para graph 1 shall be cal culated using the 
following formula:  
Excess emissions x number of new pa ssenger cars x excess emissions premium 
prescribed in paragraph 3. 
Where:  'Excess emissions' means the positive numbe r of grams per kilometre by which the 
manufacturer's average specific emissions ex ceeded its specific emissions target in 
the calendar year rounded to the nearest three deci mal places; and 
'Number of new passenger cars' means the num ber of new passenger cars for which it 
is the manufacturer and which we re registered in that year. 
3. The excess emissions premium shall be: 
(a) in relation to excess emissions in  the calendar year 2012, 20 euros; 
(b) in relation to excess emissions in  the calendar year 2013, 35 euros;  
(c) in relation to excess emissions in the calendar year 2014, 60 euros; and 
(d) in relation to excess emissions in th e calendar year 2015 and subsequent 
calendar years, 95 euros. 
4. The Commission shall establish methods for the collection of excess emissions 
premiums under paragraph 1.  
Those measures designed to amend non-esse ntial elements of this Regulation, by 
supplementing it, shall be adopted in accord ance with the regulatory procedure with 
scrutiny referred to in Article 12(3).  
5. The amounts of the excess emissions premium shall be considered as revenue for the 
budget of the European Union.   
EN 22   EN Article 8  
Publication of performa nce of manufacturers  
1. By 31 October 2011 and each subsequent ye ar, the Commission shall publish a list 
indicating for each manufacturer: 
(a) its specific emission target for the preceding calendar year; 
(b) its average specific emissions of CO 2 in the preceding calendar year; 
(c) the difference between its average specific emissions of CO 2 in the preceding 
calendar year and its specific emi ssions target in that year; and 
(d) the average specific emissions of CO 2 for all new passenger cars in the 
Community in the previous calendar year. 
2. From the 31 October 2013, the list published under paragraph 1 shall also indicate 
whether or not the manufacturer has complied with the requirements of Article 4 in 
respect of the preceding calendar year.  
Article 9  
Specialist derogation for small volume independent manufacturers 
1. An application for a derogation from the sp ecific emissions target calculated in 
accordance with Annex I may be made by a manufacturer which: 
(a) is responsible for less than 10,000 ne w passenger cars registered in the 
Community per calendar year; and  
(b) is not connected to another manufacturer.  
2. An application for a derogation under paragr aph 1 may relate to a maximum of five 
calendar years. An application shall be ma de to the Commission and shall include:  
(a) name and contact person for the manufacturer; 
(b) evidence that the manufacturer is eligible  for a derogation under paragraph 1;  
(c) details of the passenger cars which it ma nufactures including the mass and 
specific emissions of CO 2 of those passenger cars; and 
(d) a specific emissions target consistent with its reduction potential, including the 
technological potential to redu ce its specific emissions of CO 2. 
3. Where the Commission consider s that the manufacturer is eligible for a derogation 
under paragraph 1 and is satisfied that th e specific emissions target proposed by the 
manufacturer is consistent  with its reduction potentia l, including the technological 
potential to reduce its specific emissions of CO 2, the Commission shall grant a  
EN 23   EN derogation to the manufacturer. The deroga tion shall apply from 1 January of the 
year following the application. 
4. A manufacturer which is subject to a deroga tion in accordance with this Article shall 
notify the Commission immediately of any ch ange which affects or may affect its 
eligibility for a derogation. 
5. Where the Commission considers, whethe r on the basis of a notification under 
paragraph 4 or otherwise, that a manufactur er is no longer eligible for the derogation, 
it shall revoke the derogation with effect fr om the 1 January in the next calendar year 
and shall notify the manufacturer. 
6. Where the Commission consider s that the manufacturer is not giving effect to the 
programme of reduction set out in its applic ation, the Commission may revoke the 
derogation. 
7. The Commission may adopt detailed provi sions for the implementation of 
paragraphs (1) to (6) including the interpretation of the criteria for eligibility for a derogation, the content of applications  and on the content and assessment of 
programmes for the reduction of  specific emissions of CO
2.  
Those measures, designed to amend non-esse ntial elements of this Regulation, by 
supplementing it, shall be adopted in accord ance with the regulatory procedure with 
scrutiny referred to in Article 12(3). 
Article 10  
Review and report 
1. In 2010, the Commission shall submit a report to the European Parliame nt and the Council 
reviewing the progress made to implement the Community's Integrated Approach to reduce 
the CO 2 emissions from light-duty vehicles. 
2. In 2010, the Commission shall assess, on th e basis of data reported under Decision 
1753/2000/EC, whether between 2006 and 2009 there has been a change in the mass of new 
passenger cars greate r or less than 0.  
If there has been a change in the mass of new passenger cars, the figure for autonomous mass 
increase in Annex I shall be amended to be the average of the annual changes in the mass 
between the calendar year 2006 to 2009.  
Such amendment, designed to amend the non-esse ntial elements of this Regulation shall be 
adopted in accordance with the regulatory power with  scrutiny referred to in Article 12(3). 
3. The Commission shall review technologica l developments with a view to amending, 
as appropriate, the provisions of Regulat ion EC No 715/2007 on type approval of motor 
vehicles.   
EN 24   EN  Article 11 
Consumer information 
From 1 January 2010, manufacturers shall ensure th at labels, posters or promotional literature 
and material of the type referre d to in articles 3, 5 and 6 of  Directive 1999/94/EC indicate the 
extent to which the specific emissions of CO 2 of the passenger car offe red for sale differ from 
the specific emissions target fo r that passenger car under Annex I. 
Article 12 
Committee 
1. The Commission shall be assisted by th e committee instituted by Article 8 of 
Decision 93/389/EEC. 
2. Where reference is made to this pa ragraph, Articles 5 and 7 of Decision 
1999/468/EC shall apply, having regard to Article 8 thereof. 
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three 
months. 
3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of 
Decision 1999/468/EC shall apply, having re gard to the provisions of Article 8 
thereof. 
Article 13 
Community financing 
The implementation of this Regulation at Comm unity level shall be supported by the existing 
Community Financial Instrument for the Environment (LIFE+) in accordance with the rules and conditions applicable to  Regulation (EC) No 614/2007. 
Article 14 
Repeal 
Decision No 1753/2000/EC shall be repealed  with effect from 1 January 2010.  
However, Articles 4, 9 and 10 of that Decisi on shall continue to a pply until the Commission 
has submitted a report on monitoring data fo r the calendar year 2 009 to the European 
Parliament.  
EN 25   EN Article 15 
Entry into force 
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 […] […]  
EN 26   EN ANNEX I  
SPECIFIC CO 2 EMISSIONS TARGETS 
1. For each new passenger car, the permitted specific emissions of CO 2, measured in 
grams per kilometre shall be determined in accordance with the following formula:  
Permitted specific emissions of CO 2 = 130 + a × (M – M 0)  
Where:  M = mass of the vehicle in kilograms (kg) M
0 = 1289.0 × f 
f = (1 + AMI)6 
Autonomous mass increase (AMI) = 0 % a = 0.0457 
2. The specific emissions target for a manuf acturer in a calendar year shall be 
calculated as the average of the permitted specific emissions of each new passenger car for which it is the manufactur er in that calendar year.  
EN 27   EN ANNEX II  
MONITORING AND REPO RTING EMISSIONS  
PART A – Collection of data on new passenger cars and determination of CO 2 monitoring 
information  
1. For the year beginning 1 January 2010 and each subsequent year, Member States 
shall record the following details for each  new passenger car re gistered in its 
territory: 
(a) the manufacturer;  
(b) its type, variant and version; 
(c) its specific emissions of CO 2(g/km); 
(d) its mass (kg); 
(e) its wheel base (mm); and 
(f) its track width (mm). 
2. The details referred to in paragraph 1 shall be taken from the certificate of 
conformity for the relevant passenger ca r. Where the certific ate of conformity 
specifies both a minimum and a maximum mass for a passenger car, the Member States shall use only the maximum figure for the purpose of this Regulation.  
3. For the year beginning 1 January 2010 and each subsequent year, Member States 
shall determine, in accordance with the methods described in Part B, by 
manufacturer: 
(a) the total number of new passenger cars registered in its territory;  
(b) the average specific emissions for CO
2, as specified in paragraph 7 of Part B of 
this Annex; 
(c) the average mass, as specified in para graph 8 of Part B of this Annex; 
(d) for each variant of each version of each type of new passenger car: 
(i) the total number of new passenger ca rs registered in its territory, as 
specified in paragraph 7 of  Part B of this Annex; 
(ii) the specific emissions of CO 2;  
(iii) the mass; (iv) the footprint of the car , as specified in paragraph 9 of Part B of this Annex.  
EN 28   EN PART B – Methodology for determining CO 2 monitoring information for new passenger cars  
1. Monitoring information which Member States are required to determine in 
accordance with paragraph 3 of part A sha ll be determined in accordance with the 
methodology in this Part. 
Number of new passenger cars registered ( N). 
2. Member States shall determine the number of new passenger cars registered within 
their territory in the respective monitoring year, N.  
Average specific CO 2 emissions of new passenger cars ( S,ave) 
3. The average specific CO 2 emissions of all new passenger cars newly registered in a 
Member States’ territory in the monitoring year ( S,ave) is calculated by dividing the 
sum of the specific CO 2 emissions of each individual new passenger car, S, by the 
number of new passenger cars, N. 
Save = (1/ N) × Σ S 
Average mass of new passenger cars 
The average mass of all new passenger cars re gistered in a Member States’ territory 
in the monitoring year ( M,ave) is calculated by dividing the sum of the mass of each 
individual new passenger car, M, by the number of new passenger cars, N. 
Mave = (1/ N) × Σ M 
The distribution by variant of new passenger cars 
4. For each of variant of each version of each type of new passenger car, the number of 
newly registered passenger cars, the mass of  the vehicles, the specific emissions of 
CO 2 and the footprint of the car are to be recorded. 
Footprint 
The footprint of the car shall be calculated by multiplying the wheelbase of the car 
by the track width of the car.   
EN 29   EN PART C – Format for the transmission of data  
1. For each manufacturer, for each year, Member States shall report the data described 
in paragraph 3 of part A in the following formats: 
– Aggregated data: 
Year:     
Manufacturer Total number 
of new 
passenger 
cars 
registered Average 
specific CO 2 
emissions 
(g/km) Average 
mass 
(kg) Average 
footprint (m2) 
(Manufacturer 1) … … … … 
(Manufacturer 2) … … … … 
… … … … … 
Total all 
manufacturers … … … … 
– Detailed data at manufacturer level: 
Year Manufacturer Type of 
car Version Variant Make Commer-
cial 
name Total 
new 
regis-
trations Specific 
CO 2 
emissions 
(g/km) Mass 
(kg) Foot-
print 
(m2) 
Year 
1 (Name of 
manufacturer 1) (name of 
type 1) (name of 
version 1) (name of 
variant 1) … … … … … … 
Year 
1 (Name of 
manufacturer 1) (name of 
type 1) (name of 
version 1) (name of 
variant 2) … … … … … … 
Year 
1 (Name of 
manufacturer 1) (name of 
type 1) (name of 
version 2) (name of 
variant 1) … … … … … … 
Year 
1 (Name of 
manufacturer 1) (name of 
type 1) (name of 
version 2) (name of 
variant 2) … … … … … … 
Year 
1 (Name of 
manufacturer 1) (name of 
type 2) (name of 
version 1) (name of 
variant 1) … … … … … … 
Year 
1 (Name of 
manufacturer 1) (name of 
type 2) (name of 
version 1) (name of 
variant 2) … … … … … … 
Year 
1 (Name of 
manufacturer 1) (name of 
type 2) (name of 
version 2) (name of 
variant 1) … … … … … … 
Year 
1 (Name of 
manufacturer 1) (name of 
type 2) (name of 
version 2) (name of 
variant 2) … … … … … … 
Year 
1 (Name of 
manufacturer 1) … … … … … … … 
Year 
1 (Name of 
manufacturer 1) … 
… … … … … … … 
Year 
1 (Name of 
manufacturer 1) … … … … … … … 
Year 
1 (Name of 
manufacturer 1) … 
… 
… … … … … … … 
Year 
1 (Name of 
manufacturer 1) … … … … … … … … …  
EN 30   EN LEGISLATIVE FINANCIAL STATEMENT  
1. NAME  OF THE  PROPOSAL: 
Proposal for a Regulation of the Euro pean Parliament and of the Council to 
reduce CO 2 emissions from passenger cars 
2. ABM  / ABB  FRAMEWORK: 
Policy Area(s) concerned and associated Activity/Activities: 
0703 – Implementation of Environmental Policy 
3. BUDGET  LINES 
3.1. Budget lines (operational lines and related technical and administrative 
assistance lines (ex- BA lines)) including headings: 
07 01 04 01: LIFE+ (Financial Instrument for the Environment — 2007 to 2013) — 
Expenditure on administrative management – Heading 2 
07 03 07: LIFE+ (Financial Instrument  for the Environment — 2007 to 2013) – 
Heading 2 
3.2. Duration of the action a nd of the financial impact: 
The action (Regulation of the European Pa rliament and of the Council to reduce CO 2 
emissions from passenger cars) is expected to come into force in 2010. For the period 
2010 – 2013, operational expenditure will be  covered under the LIFE + Financial 
instrument. 
3.3. Budgetary characteristics : 
Budget line Type of expenditure New EFTA 
contribution Contributions 
from applicant 
countries Heading in 
financial 
perspective 
07 01 04 01 Non-comp Non-
diff21 NO NO YES No 2 
07 03 07 Non-comp Diff/ NO NO YES No 2 
 
                                                 
21 Non-differentiated appropriations  hereafter referred to as NDA  
EN 31   EN 4. SUMMARY  OF RESOURCES 
4.1. Financial Resources 
4.1.1. Summary of commitment appropriations (CA) and payment appropriations (PA) 
EUR million (to 3 decimal places) 
Expenditure type Section 
no.   
2010  
2011  
2012  
2013  
2014 2015 
and 
later Total 
 
Operational expenditure22         
Commitment Appropriations 
(CA) 8.1. a 0,400 0,200 0,200 0,300 0,300 0,300 1,700 
Payment Appropriations 
(PA)  b 0,240 0,200 0,240 0,260 0,280 0,480 1,700 
Administrative expenditure within reference amount23     
Technical & administrative 
assistance (NDA) 8.2.4. c - - - - - - - 
TOTAL REFERENCE AMOUNT        
Commitment 
Appropriations  a+c 0,400 0,200 0,200 0,300 0,300 0,300 1,700 
Payment Appropriations  b+c 0,240 0,200 0,240 0,260 0,280 0,480 1,700 
Administrative expenditure not  included in reference amount24   
Human resources and 
associated expenditure (NDA) 8.2.5. d 0,351 0,351 0,351 0,585 0,585 0,585 2,808 
Administrative costs, other 
than human resources and 
associated costs, not 
included in reference amount (NDA) 8.2.6. e 0,125 0,095 0,065 0,068 0,068 0,068 0,489 
Total indicative financial cost of intervention 
TOTAL CA including cost 
of Human Resources  a+c
+d+
e 0,876 0,646 0,616 0,953 0,953 0,953 4,997 
TOTAL PA including cost 
of Human Resources  b+c
+d+
e 0,716 0,646 0,656 0,913 0,933 1,133 4,997 
 
                                                 
22 Expenditure that does not fall under Chap ter xx 01 of the Title xx concerned. 
23 Expenditure within article xx 01 04 of Title xx. 
24 Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05.  
EN 32   EN Co-financing details 
If the proposal involves co-financing by Member States, or other bodies (please 
specify which), an estimate of the level of  this co-financing s hould be indicated in 
the table below (additional lines may be adde d if different bodies are foreseen for the 
provision of the co-financing): 
EUR million (to 3 decimal places) 
Co-financing body 
  
Year 
n  
n + 1  
n + 2  
n + 3  
n + 4 n + 5 
and 
later  
Total 
…………………… f        
TOTAL CA including co-
financing a+c
+d+
e+f        
 
4.1.2. Compatibility with Financial Programming 
; Proposal is compatible with existing financial programming until 2013. 
 Proposal will entail reprogramming of the relevant heading in the financial 
perspective. 
 Proposal may require application of th e provisions of th e Interinstitutional 
Agreement25 (i.e. flexibility instrument or re vision of the financial perspective). 
4.1.3. Financial impact on Revenue 
; Proposal has no financial implications on revenue 
 Proposal has financial impact – th e effect on revenue is as follows: 
EUR million (to one decimal place)  
  Situation following action 
Budget line Revenue Prior to
action 
[Year n-
1] [Year 
n] [n+1] [n+2] [n+3] [n+4] [n+5]26
a) Revenue in absolute terms         
b) Change in revenue  Δ       
The Regulation is designed in a way that will ensure maximal compliance by all 
manufacturers and as a result it is not expected that reve nues will be generated through the 
Excess Emission Premiums foreseen under Article 7. However, in the event that revenues are 
                                                 
25 See points 19 and 24 of the Interinstitutional agreement. 
26 Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years  
EN 33   EN generated by the implementation of the provisions of this article, they will be incorporated 
into the general EU budget. The impact assessment accompanying the proposal provides 
ranges of potential total Excess Emission Pr emiums that could be  due in case of non-
compliance. 
4.2. Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 
Annual requirements  
2010  
2011  
2012  
2013  
2014  
2015 
and 
later 
Total number of human resources 3 3 3 5 5 5 
 
5. CHARACTERISTICS  AND  OBJECTIVES 
5.1. Need to be met in the short or long term 
The overall objective of this Regulation is to limit the average emissions from the 
average new car fleet to 130g CO 2/km by 2012. This is part of an integrated 
approach and will be complemented by measures delivering an additional 10g CO
2/km in order to meet the Community objective of 120 g CO 2/km, as foreseen in 
the Commission's Communi cation on a revised CO 2 and cars strategy of 7 February 
2007 (COM(2007) 19). 
5.2. Value-added of Community involvement and coherence of the proposal with 
other financial instrume nts and possible synergy 
The Community has a long-standing target to reduce the average CO 2 emissions 
from new cars in the Community and the Council and European Parliament have called upon the Commission to make a proposal for legislation on this matter. The objectives of the proposal cannot be suffi ciently achieved by the Member States 
because of the need to avoid the emergence of barriers to the si ngle market, the trans-
boundary nature of climate change and th e important variati ons in the current 
national averages of specific emissions of CO
2 for new passenger cars. Besides 
adopting targets for CO 2 emissions from cars at the Community level will allow for 
more flexibility to manufacturers in implementing the required CO 2 reductions 
across their the new car fleet in the Community  rather than having specific strategies 
for specific national reduction objectives. 
5.3. Objectives, expected results  and related indicators of the proposal in the context 
of the ABM framework 
The proposal pursues the follo wing general policy objectives: 
- Providing for a high level of environmen tal protection in the European Union 
and contributing to reaching the EU's Kyoto targets,  
EN 34   EN - Improving the EU energy security of supply, 
- Fostering the competitiveness of the European automotive industry and 
encouraging research into fuel efficiency technologies. 
The specific objective of the proposal is to reduce the climate change impacts and 
improve the fuel efficiency of passenger ca rs by reaching the objective of an average 
emission value of 130 g CO 2/km for newly sold cars. This average emission value 
will be the indicator against which the implementation of the proposal will be followed. 
5.4. Method of Implementation (indicative) 
; Centralised Management 
; directly by the Commission 
 indirectly by delegation to: 
 executive Agencies 
 bodies set up by the Communities as  referred to in art. 185 of the 
Financial Regulation 
 national public-sector bodies/bodies with public-service mission 
 Shared or decentralised management 
 with Member states 
 with Third countries 
 Joint management with internationa l organisations (please specify) 
Relevant comments: 
6. MONITORING
 AND  EVALUATION 
6.1. Monitoring system 
The proposal will build upon an already existing monitoring sc heme that was established 
earlier in order to follow the implementation of the CO 2 and cars strategy. It is based on data 
reported to the Commission by Memb er States concerning the re gistrations of new cars and 
their characteristics, including specific CO 2 emissions. 
Contracts signed by the Commission for the pur pose of the implementation of the Directive 
shall provide for supervision and financial c ontrol by the Commission (or any representative 
authorized by it) and audits by the Cour t of Auditors, if necessary on-the-spot.  
EN 35   EN 6.2. Evaluation 
6.2.1. Ex-ante evaluation 
See Impact Assessment accompanying this proposal as a Commission Staff Working 
Paper. The impacts of all measures proposed  were assessed from an economic, social 
and environmental point of view. 
6.2.2. Measures taken following an intermediate/e x-post evaluation (lessons learned from 
similar experiences in the past) 
6.2.3. Terms and frequency of future evaluation 
The measure will be reviewed in accordance with Article 10. 
7. A NTI-FRAUD MEASURES  
Full application of internal control standards No 14, 15, 16, 18, 19, 20, 21, as well as of the 
principles of the Council Regulation (E C, Euratom) No 1605/2002 on the Financial 
Regulation applicable to the genera l budget of the European Communities. 
The Commission shall ensure that, when actio ns financed under the present proposal are 
implemented, the financial interests of the Co mmunity are protected by the application of 
preventive measures against fraud, corruption and any other illegal activities, by effective 
checks and by the recovery of the amounts unduly pa id and, if irregularities are detected, by 
effective, proportional and dissuas ive penalties, in accordance w ith Council Regulations (EC, 
Euratom) No 2988/95 and (Euratom, EC) No  2185/96, and with Regulation (EC) No 
1073/1999 of the European Parliament and of the Council. 
In order to prevent fraud in the implementati on of Article 7, a robust monitoring and reporting 
system is foreseen under Article 6 and related A nnex II. Furthermore, Paragraph 8 of Article 6 
foresees that the Commission may adopt guide lines on monitoring and reporting that Member 
States will be required to respect.  
EN 36   EN 8. DETAILS  OF RESOURCES 
8.1. Objectives of the proposal in  terms of their financial cost 
Commitment appropriations in EUR million (to 3 decimal places) 
Year 2010 Year 2011 Year 2012 Ye ar 2013 Year 2014 Year 2015 and 
later TOTAL (Headings of Objectives, 
actions and outputs should 
be provided) Type of output Av. 
cost 
No. 
outputs Total 
cost No. 
outputs Total 
cost No. 
outputs Total 
cost No. 
outputs Total 
cost No. 
outputs Total 
cost No. 
outputs Total 
cost No. 
outputs Total 
cost 
OPERATIONAL OBJECTIVE No.1 – 
implementation of reporting and monitoring system                 
Action 1 – collection and analysis of data                 
review changes to the mass 
of new passenger cars 
(article 10) Study 0,20 1 0,200           1 0,20 
Collection and analysis of 
data received - central 
register of data Service and IT 
system 0,20 1 0,200 1 0,200 1 0,200 1 0,300 1 0,300 1 0,300 6 1,500 
TOTAL COST    0,400  0,200  0,200  0,300  0,300  0,300  1,700 
  
EN 37   EN 8.2. Administrative Expenditure 
8.2.1. Number and type of human resources 
Types of post  Staff to be assigned to management of the action using existing and/or 
additional resources ( number of posts/FTEs ) 
  2010 2011 2012 2013 2014 2015 
A*/AD 2 2 2 4 4 4 Officials or 
temporary 
staff27 (XX 01 
01) B*, 
C*/AST 1 1 1 1 1 1 
Staff financed28 by art. 
XX 01 02       
Other staff29 financed by 
art. XX 01 04/05       
TOTAL  3 3 3 5 5 5 
 
8.2.2. Description of tasks deriving from the action 
In the first years ( 2010-2012), the main tasks deriving from the action will be linked 
to the consolidation of the monitoring scheme by providing guidance to Member 
States and building upon the earlier monitori ng activities of Member States that had 
been established by Decision 1753/2000/EC (t o be repealed by the Regulation). In 
addition to the monitoring guidance, the Co mmission will have to keep a central 
register of the data reporte d, notify car manufacturer s of the data relating to them as 
reported by Member States, make the data publicly available and from 2011 onwards 
publish yearly monitoring report. In addi tion, from 2013 onwards, the collection of 
Excess Emission Premiums in case of non-compliance will have to be ensured.  
8.2.3. Sources of human resources (statutory) 
 Posts currently allocated to the manage ment of the programme to be replaced 
or extended 
 Posts pre-allocated within the APS/PDB exercise for year n  
 Posts to be requested in the next APS/PDB procedure 
; Posts to be redeployed using existi ng resources within the managing service 
(internal redeployment) 
                                                 
27 Cost of which is NOT covered by the reference amount 
28 Cost of which is NOT covered by the reference amount 
29 Cost of which is included within the reference amount  
EN 38   EN  Posts required for year n although not fo reseen in the APS/PDB exercise of the 
year in question  
EN 39   EN 8.2.4. Other Administrative expenditure  included in reference amount (XX 01 04/05 – 
Expenditure on administrative management)  
EUR million (to 3 decimal places) 
Budget line 
(number and heading) Year 
2010 Year 
2011 Year 
2012 Year 
2013 Year 
2014 Year 
2015  
and 
later TOTAL 
1 Technical and administrative 
assistance (including related staff costs)        
Executive agencies30        
Other technical and administrative 
assistance        
 - intra muros          
 - extra muros         
Total Technical and administrative 
assistance 0 0 0 0 0 0 0 
 
 
8.2.5. Financial cost of human resources and associated costs not  included in the reference 
amount 
EUR million (to 3 decimal places) 
Type of human resources 2010 2011 2012 2013 2014 2015 and 
later 
Officials and temporary staff (XX 01 01)  
0,351  
0,351  
0,351  
0,585  
0,585  
0,585 
Staff financed by Art XX 01 
02 (auxiliary, END, contract 
staff, etc.) 
(specify budget line)       
Total cost of Human 
Resources and associated 
costs (NOT in reference amount)  
0,351  
0,351  
0,351  
0,585  
0,585  
0,585 
 
                                                 
30 Reference should be made to the specific legisla tive financial statement for the Executive Agency(ies) 
concerned.  
EN 40   EN Calculation– Officials and Temporary agents 
Reference should be made to Point 8.2.1, if applicable 
The standard salary for 1 offici al or temporary staff as foreseen in Point 8.2.1 is 0,117 M€. 
 
Calculation– Staff financed under art. XX 01 02 
Reference should be made to Point 8.2.1, if applicable 
 
 
8.2.6. Other administrative expenditure not  included in reference amount 
EUR million (to 3 decimal places)
 2010 2011 2012 2013 2014 2015 
and 
later 2010 - 
2015 
XX 01 02 11 01 – Missions 0,005 0,005 0,005 0,008 0,008 0,008 0,039 
XX 01 02 11 02 – Meetings & Conferences 0,060 0,030 0,030 0,030 0,030 0,030 0,210 
XX 01 02 11 03 – Committees31  0,060 0,060 0,030 0,030 0,030 0,030 0,240 
XX 01 02 11 04 – Studies & consultations        
XX 01 02 11 05 - Information systems        
2 Total Other Management 
Expenditure (XX 01 02 11)        
3 Other expenditure of an 
administrative nature (specify 
including reference to budget line)         
Total Administrative expenditure, 
other than human resources and 
associated costs (NOT included in 
reference amount) 0,125 0,095 0,065 0,068 0,068 0,068 0,489 
 
Calculation - Other administrative expenditure not  included in reference amount  
From 2010 to 2012, 5 missions per year at cost of EUR 1.000 per mission. From 2013 
onwards, 8 missions per year. 
                                                 
31 Specify the type of committee and the group to which it belongs.  
EN 41   EN Meetings of the Regulatory Committee estab lished under the Regulatio n (unit cost: 30.000 € 
per meeting) are foreseen twice every year for the first two years, and once a year afterwards. 
Expert meetings on specific subjects for the implementation of the Regulation (unit cost: 
30.000 € per meeting) are foreseen twice in 2010, and once a year afterwards. 
 
The needs for human and administrative resources shall be covered within the allocation that 
can be granted to the managing DG in the framew ork of the annual alloca tion procedure in the 
light of budgetary constraints.