EN    EN EN EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 28.10.2009 
COM(2009) 593 final 
2009/0173 (COD)   
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
Setting emission performance standards for ne w light commercial vehicles as part of the 
Community's integrated approach to reduce CO
2 emissions from light-duty vehicles 
{SEC(2009) 1454} 
{SEC(2009) 1455} EN 2   EN EXPLANATORY MEMORANDUM  
Context of the proposal 
• Grounds for and objectives of the proposal 
The internal market comprises an area without internal frontiers in which the free movement 
of goods, persons, services and capital must be ensured. 
The objective of the United Nations Framew ork Convention on Climate Change, which was 
approved on behalf of the European Co mmunity by Council Decision 94/69/EC of 15 
December 1993 concerning the conclusion of the United Nations Framework Convention on Climate Change
1, is to stabilise greenhouse gas concentr ations in the atmosphere at a level 
that would prevent dangerous an thropogenic interference with th e climate system. In order to 
meet this objective the overall global annual mean surface temperature increase should not 
exceed 2ºC above pre-industrial levels. The fourth IPCC Assessment Report shows that in order to reach that objective, global emissi ons of greenhouse gases must peak by 2020. The 
European Council of March 2007 made a firm commitment to reduce the overall greenhouse gas emissions of the Community by at least 20% below 1990 levels by 2020 and by 30% provided that other develope d countries commit themselves to comparable emission 
reductions and economically more advanced de veloping countries cont ribute according to 
their respective capabilities. The Climate and Energy Package agreed in December last year 
enshrined these targets in la w. Decision 406/2009/EC provides for an average reduction of 
10% compared to 2005 levels in the sector s not covered by the EU Emissions Trading 
Scheme, including road transport. One of the imp lications of those commitments is that all 
Member States will need to significantly  reduce emissions from road transport.  
Light commercial vehicles are mainly used by businesses, including small and medium 
enterprises and currently light commercial ve hicles make up around 12% of the fleet. The 
services provided by light commercial vehicl es are indispensable for meeting people's 
everyday needs. Road transport is a significan t source of employment and growth in many 
regions of the EU. However, vehicle usage also  has significant impacts on climate change. 
The share of light commercial vehicles in the total registrations of light-duty vehicle fleet 
(passenger cars and light commercial vehicles ) increased at a steady rate from 1995 to 2007. 
The average reduction of CO
2 emissions over 2002-2007 for light commercial vehicles 
amounted to 0.4-0.5% per year, and these very li mited improvements in fuel efficiency have 
been offset 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 a pproximately 9% over the 1990-
2007 period and emissions have been dec lining in non-transport sectors, the CO
2 emissions 
from transport have increased by 29%. Desp ite significant improvements in vehicle motor 
technology, in particular in fuel e fficiency 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 
overall Community objective of average new passenger car emissions of 120 g CO 2/km. 
The objective of this proposal is to reduce the average CO 2 emissions from light commercial 
vehicles to 175g CO 2/km from 2014 phased-in to 2016. This pr oposal is part of the integrated 
approach proposed by the Commission a nd contributes to delivering the 10g CO 2/km required 
                                                 
1 OJ L 33, 7.2.1994, p. 11. EN 3   EN in order to meet the Community objective of 120 g CO 2/km, as set out in Communication 
COM(2007) 19. 
Adopting Community targets for new light comme rcial vehicles is necessary to prevent 
fragmentation in the internal market resulti ng from the adoption 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 re duction targets.  
Furthermore, setting CO 2 emission standards for new light co mmercial vehicles is necessary 
to prevent a risk of regulatory gap resulting from  certain overlap between the registrations for 
passenger cars and light commerci al vehicles. Currently many ve hicles that are homologated 
as passenger cars are registered as light co mmercial vehicles, often to take advantage of 
reduced taxation or other fiscal  incentives. Although the scope of the legislation on passenger 
cars (like this proposal) is linked to the type of  vehicle as type-approved  (irrespective of how 
it is registered), the absence of  regulation for LCVs could create a significant risk of market 
responses to type-approve larg er passenger cars as light commercial vehicles. This would 
mean that these high emitting vehicles would remain out of the scope of CO 2 emission 
standards. 
The aim of this Regulation is to create incentives for the automotive industry to invest in new 
technologies. The Regulation actively promotes 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.  
• General context 
The Commission first adopted a Community Strategy to reduce CO
2 emissions from cars in 
1995. The strategy was based on three pillars: vol untary commitments from the car industry to 
cut emissions from passenger cars, improvements in consumer information and the promotion 
of fuel efficient cars via fiscal measures.  
The Environment Council, in its conclusions of 10 October 2000 requested the Commission 
to study greenhouse gas emission reduction meas ures on light commercial vehicles. On 7 
February 2007, the Commission adopted 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 commercial vehicles and a Communication on a Competitive Automotive Regulatory Framework for the 21st Centur y CARS 21 ("the Communications"). The 
Communications underlined that the Community objective of aver age emissions from 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 adopti on of an integrated approach to meet the 
Community objective and announced that th e Commission would propose a legislative 
framework to achieve the Community object ive 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, and a further reduction of 10 g CO 2/km, 
or equivalent if technically necessary, by ot her technological improvements. These include 
fuel efficiency progress in light commercial vehicles.  
The Communications emphasised that the le gislative framework for implementing the 
average vehicle fleet target should ensure co mpetitively neutral and socially equitable and 
sustainable reduction targets which are equitable to the diversity of the European automobile EN 4   EN manufacturers and avoid any unjustified distortion of competition between automobile 
manufacturers. The legislative framework shoul d be compatible with the Community's overall 
emission reduction targets.  
In May 2007, the Competitiveness Council supported "an integrated  approach as proposed by 
the Commission, for reducing CO 2 emissions from motor vehicl es" underlining "that all the 
players must make their contribution to reducing emissions harmful to the climate"2. 
Furthermore, on 28 June 2007 the Council invite d the Commission to come forward with a 
proposal on the improvement of fuel effi ciency from light commercial vehicles3. 
• Existing provisions in the area of the proposal 
Directive 2004/3/EC4 amending Council Directives 70/156 /EEC and 80/1268/EEC as regards 
the measurement of CO 2 emissions and fuel consumption of N1 vehicles 
• Consistency with the other polic ies and objectives of the Union 
The proposal is in line with the three pillars of the Lis bon Strategy as tighter requirements on 
CO 2 emissions and fuel efficien cy should encourage the devel opment and application of new 
environmental technologies, which in turn, could encourage high-va lue-added technology 
exports of technologies and vehicles to emer ging markets where oil is scarce and promote 
highly qualified jobs in Europe.  
The proposal also contributes to the Renewe d Sustainable Development Strategy adopted by 
the European Council in June 2006 by contributi ng to a more sustainable mobility. Making 
transport more sustainable would facilitate achieving other sustaina ble development goals. 
This relationship is particular ly strong between transport, climate change, public health, 
conservation of natural re sources and energy use. 
The objectives of the proposal will also contri bute to reaching the Community target of at 
least 20% reduction of greenhouse gas emissi ons by 2020 because of the important 
contribution of transport to emissions from sectors of the economy not included in the EU 
Emissions Trading Scheme. The proposal is al so consistent with and complementary to 
Regulation (EC) No 443/2009 setting CO 2 emission standards from passenger cars. 
The proposal will put in place a concrete measure to deliver on the target s and will therefore 
strengthen the EU's leadership position on climat e change in the run-up to the United Nations 
Climate Conference in Copenhagen in December 2009. 
                                                 
2 Competitiveness Council conclusions adopted on 21-22 May 2007 (9671/07). 
3 Environment Council conclusions adopted on 28 June 2007 (11483/07). 
4 Directive 2004/3/EC (OJ L 49, 19.2.2004, p. 36). EN 5   EN 1. C ONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT  
• Consultation of interested parties 
Consultation methods, main sectors targ eted and general pr ofile of respondents  
The stakeholder consu ltation process include d a public internet consultation and two 
stakeholder meetings. 
• Between May and July 2007, an internet public  consultation was carried out, aimed at 
gathering the views of all stakeholders a nd members of the public on the implementation 
of the revised st rategy to reduce CO 2 from light-duty vehicles. This included measures to 
reduce emissions from light commercial vehicles. The majority of the consultation responses are available at:  http://ec.europa.eu/reducing_c o2_emissions_from_cars/index_en.htm 
• To complement the internet consultation, two stakeholder meetings were organised by the 
Commission on 2 September 2008 and 9 Marc h 2009. This provided the stakeholders 
directly concerned by the upcoming legi slation (automotive industry, suppliers, 
environmental NGOs, social partners and Memb er States) the opportuni ty to present their 
positions. Summaries of both meetings are at tached in Annex II an d Annex III of the 
impact assessment accompanying the proposal. 
In addition an external study investigating po ssible regulatory approaches to reducing CO
2 
from light-duty vehicles was carried out  and a study consisting of two reports: ' Assessment of 
options for the legislation on CO 2 emissions from light commercial vehicles'5and 'Assessment 
with respect to long term CO 2 emission targets for passenger cars and vans'6, has been 
developed. The study was part of a project 'Impacts of regulatory options to reduce CO 2 
emissions from cars, in particular on car manufacturers' under the framework contract 
ENV.C.5/FRA/2006/0071 (Service request E NV C5/GK/ak/D(2007)17850). Analysis of 
alternative policy options is ba sed on findings of this study. 
Input from stakeholders has been taken into a ccount in assessing the different possible options 
to regulate CO 2 emissions from light commercial vehicl es, particularly with regard to the 
design of the legislation, possible unwanted e ffects, and implications for competition on 
automotive markets, global industrial competitiveness and environmental outcome. External 
expertise was used to assess the various options  available, including aspects raised during the 
consultation process (the external cont ractor attended the public hearings). 
Summary of responses and how th ey have been taken into account  
The information gathered through the stakeholder 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. 
                                                 
5 This report is available on Europa website under the following link: 
http://ec.europa.eu/environment/air/transport/co2/pdf/final_report_lcv_co2_250209.pdf 
6 This report is available on Europa website under the following link: 
http://ec.europa.eu/environment/air/transp ort/co2/pdf/Report%20LT%20targets.pdf EN 6   EN • Collection and use of expertise 
Scientific expertise/domains concerned  
(1) Expertise from the automotive industr y, including manufacturer s and (2) modelling 
expertise provided by external consultants 
Methodology used  
Modelling with formal mathematical models  and calculations base d on statistical data 
Main organisations/experts consulted  
Public authorities, industry associations, tr ade organisations, enviro nmental organisations, 
consumer organisations a nd external consultants 
Summary of advice received and used  
The advice provided by the external  consultant has been used to assess the implications of the 
various policy options to achie ve the objectives of the propos al. These options and their 
implications are described in the impact assessment which accompanies this proposal. 
Means used to make the exper t advice publicly available  
The study carried out in support of the impact a ssessment, together with  earlier related work, 
will be made available at the following website: 
http://ec.europa.eu/enviro nment/co2/co2_studies.htm 
• Impact assessment 
The impact assessment investigated five main options:  
The first two options considered were to define a linear curve giving the CO 2 value to be 
achieved by a given vehicle as a function of its "utility" (mass)  so that the average of the new 
light commercial vehicles in (1) 2012 and (2) 2013-2015 would deliver the 175 g CO 2/km 
target. 
The two following options were based on the same target (175 g CO 2/km) and years (resp. 
2012 and 2013-2015), but on the basis of a linear curve defining the CO 2 value to be achieved 
as a function of an alternative "utility", namely pan area.  
The fifth and last option was to require manuf acturers to deliver a se t percentage reduction 
corresponding to the reduction ne eded to achieve the 175 g CO 2/km target in 2012-2015 
compared to the 2007 situation. 
The impact assessment considered different fl exibility mechanisms, including fleet averaging 
and pooling, as well as a comp liance mechanism. In addition from the five policy options, 
several levels of the long-term target ranging from 160 to 125 g CO 2/km for year 2020 have 
been analysed. EN 7   EN The potential economic, social and environmental impacts have been  considered in detail. The 
detailed evaluation of the options is set out in the impact assessment accompanying the 
proposal which will be availabl e at the following addresses: 
http://ec.europa.eu/environment/co2/co2_home.htm 
• Summary of the proposed action 
The proposal is a follow-up of the Community Strategy to reduce CO 2 emissions from light-
duty vehicles and complements Regulation (EC) No 443/2009 (Regulation setting CO 2 
emission performance standards for new passenger ca rs). It aims to redu ce the impact of light-
duty vehicles on the climate by ensuring that the average specific emissions of new light 
commercial vehicles registered in  the Community do not exceed 175 g CO 2/km. This target 
will be phased in gradually from 1 January 2014 onwards with full compliance of the new light commercial  fleet from 2016. 
The starting date for the CO
2 emissions standard for light comm ercial vehicles is consistent 
with the timeframe of the adoption by the Co mmission of the proposal fo r a regulation setting 
similar standards for passenger car s as of 2012. This indicates entr y into force of the standard 
for light commercial vehicles from 2014. Further to  the inclusion of the long-term target of 95 
g/km as of 2020 in Regulation (EC) No 443/2009, this  proposal sets a targ et of 135 g/km for 
light commercial vehicles to be achieved from 2020 subject to confirma tion of its feasibility 
on the basis of updated impact assessment results. 
The key aspects of the proposal are:  – The proposal will apply to light commercial ve hicles of category N 1, with a reference mass 
not exceeding 2610kg and vehicles to which type -approval is extended in accordance with 
Article 2(2) of Regulation (E C) No 715/2007. N2 and M2 vehicl es with a reference mass 
meeting the above criteria will be included for monitoring purposes and their full inclusion in the scheme will be considered during a review. 
– The proposal sets targets for the specific emissions of CO
2 from new light commercial 
vehicles in the Community as a function of  their mass. The targets will apply to the 
average specific emissions of CO 2 in g/km for new light co mmercial vehicles for each 
manufacturer which are regist ered in the EU in each cal endar year. Manufacturers may 
form a pool in order to meet their targets. Where two or more manufacturers form a pool, 
the pool will be treated as if it is one manu facturer for the purposes of determining its 
compliance with the targets. 
– The proposal includes incentives for early market deployment of low emitting light-
commercial vehicles by granting them s uper-credits on an interim basis.  
– The proposal includes provisions to  promote eco-innovations (i.e. CO 2-reducing 
technologies that are not captured by the test-cycle during which CO 2 emissions are 
measured). Under this provision up to 7 g/km can be deducted from the average of 
manufacturer's specific CO 2 emissions for innovative technologies which reduce 
emissions, based on independently verified data. 
– Member States will be obliged to collect  data on the new light commercial vehicles 
registered in their territory and to report this data to the Commission for the purposes of assessing compliance with the targets. EN 8   EN – If a manufacturer fails to meet its target, it will be required to pay an excess emissions 
premium. The premium will be calcul ated by multiplying the number of g CO 2/km by 
which the manufacturer exceeded its target by th e number of vehicles newly registered and 
by the excess emissions premium calculated as a function of the year a nd distance to target. 
– The proposal provided for alternative emi ssions reduction target s for manufacturers 
responsible for less than 22 000 vehicles re gistered in the EU per calendar year. 
– The targets under the Regulation are establis hed on the basis of the best knowledge 
currently available regarding in particular the likely fleet evolution between now and 2014 
in respect of the 'autonomous weight increase'. 
2. L EGAL ELEMENTS OF THE PROPOSAL  
• Legal basis 
Article 175 of the EC Treaty is th e appropriate legal basis because  the main objective of this 
proposal is to ensure a high le vel of protection of health a nd the environment by reducing the 
average CO 2 emissions from light commercial vehicles. 
• Subsidiarity principle 
The subsidiarity principle applies insofar as  the proposal does not fa ll under the exclusive 
competence of the Community. 
The objectives of the proposal ca nnot be sufficiently achieved by the Member States for the 
following reasons: 
Due to the need to avoid the emergence of ba rriers to the single market, the trans-boundary 
nature of climate change a nd the potential varia tions in the national averages of CO 2 
emissions for new light commercia l vehicles, Member States would not be able to implement 
national measures such that overall, the EU average of 175 g CO 2/km would be delivered. 
Community action will better achieve the objectives  of the proposal for the following reasons: 
Harmonised action to reduce the climate change im pact of light commercial vehicles can best 
be achieved by adopting legi slation at Community level. Adopting targets for CO 2 emissions 
from these vehicles at the Community level prev ents fragmentation of the internal market and 
provides manufacturers with more flexib ility in implementing the required CO 2 reductions 
across their new vehicle fleet in the Community  rather than having specific strategies for 
specific national reduction objectives. 
The scope of the proposal is limited to defi ning manufacturers' targ ets in respect of the 
achievement of the average new light comm ercial vehicle fleet emissions of 175 g CO 2/km, 
without prescribing complementar y measures (such as fiscal in centives) that Member States 
could take and that could contribute to the overall obj ective of reducing CO 2 from road 
vehicles. 
The proposal therefore complies with  the subsidiarity principle. 
• Proportionality principle EN 9   EN The proposal complies with the proportiona lity principle for the following reasons: 
It does not go beyond what is nece ssary in order to achieve th e 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 overall  objective of reaching the EU's Kyoto targets 
and sets competitively neutral and socially equitable and sustainable reduction targets which are equitable to the diversity of the Eur opean automotive manufacturers and avoid any 
unjustified distortion of competition between manufacturers. 
The proposal foresees the implementation of a m onitoring scheme that is  very similar to the 
one already implemented by Member States fo r passenger cars, and that has proved very 
efficient in following up the implementation of the CO
2 and cars strategy. 
• Choice of instrument: 
Proposed instrument: Regulation. 
Other means would not be adequate for the following reasons: The Regulation is proposed on the basis of a t horough analysis of the options available to 
deliver progress in the reduction of the aver age specific emissions of light commercial 
vehicles in the EU. This type of instrument has been adopted for pa ssenger cars, and it is 
appropriate to use the same approach for light  commercial vehicles in order to provide a 
consistent legislative framework im plementing the integrated approach. 
The use of a Regulation is considered to be the appropriate legal instrument to ensure 
compliance whilst not requiring the transpos ition into Member States’ legislation. The 
Community objective applies to th e Community as a whole. It is, therefore, necessary to 
ensure that a uniform approach is applied in all Member States. Further, a harmonised 
approach is required in order to avoid distor tions of competition which could have impacts on 
the internal market. 
• Budgetary implication 
The implementation of the proposed Regulation w ill be carried out together with that of 
Regulation (EC) No 443/2009 on CO
2 from passenger cars as both share many features like, 
for example, monitoring manufactur ers' performance against their CO 2 reduction targets and, 
where necessary, administration of excess emissi ons premiums provided for in the legislation. 
Expenditure already foreseen under the LIFE+ programme is considered sufficient, in 
particular because of the limited size of the market for light co mmercial vehicles compared to 
that for passenger cars. Theref ore, this new proposal for CO 2 emissions from light-duty 
vehicles does not require a dditional financial resources. 
• Repeal of existing legislation 
The adoption of the proposal will not lead  to the repeal of existing legislation. EN 10   EN 3. A DDITIONAL INFORMATION  
• 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 11   EN 2009/0173 (COD) 
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
setting emission performance standards for ne w light commercial vehicles 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 
175(1) thereof, 
Having regard to the proposal from the Commission, Having regard to the opinion of the Eu ropean Economic and Social Committee
7, 
Having regard to the opinion of  the Committee of the Regions8, 
Acting in accordance with the procedure laid down in Article 251 of the Treaty9, 
Whereas: (1) The United Nations Framework Conventi on 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 
Climate Change
10, seeks to stabilise greenhouse gas concentrations in the atmosphere 
at a level that would prevent dangerous an thropogenic interference with the climate 
system. In order to meet this objective, the overall global annual mean surface 
temperature increase should not exceed 2 de grees C above pre-industrial levels. The 
fourth IPCC Assessment Report shows that in  order to reach that objective, global 
emissions of greenhouse gases must peak by 2020. At its meeting of 8-9 March 2007, 
the European Council made a firm commitment to reduce the overall greenhouse gas emissions of the Community by at leas t 20% below 1990 levels by 2020 and by 30% 
provided that other developed countries co mmit themselves to comparable emission 
reductions and economically more advanc ed developing countries contribute 
according to their respective capabilities. 
(2) Policies and measures should be implemen ted at Member State and Community level 
across all sectors of the Co mmunity economy, and not only within the industry and 
energy sectors, in order to generate the necessary emissions reductions. Decision No 
                                                
 
7 OJ C , , p. . 
8 OJ C , , p. . 
9 OJ C , , p. . 
10 OJ L 33, 7.2.1994, p. 11. EN 12   EN 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the 
effort of Member States to reduce th eir greenhouse gas emissions to meet the 
Community's greenhouse gas emissi on reduction commitments up to 202011 provides 
for an average reduction of 10% compared to 2005 levels in the sectors not covered by 
the EU Emissions Trading Scheme, esta blished by Directive 2003/87/EC of the 
European Parliament and of the Council of 13 October 2003 establishing a scheme for 
greenhouse gas emission allowance tradi ng within the Community and amending 
Council Directive 96/61/EC12, including road transport. Road transport is the second 
largest greenhouse gas emitting sector in th e Community and its emissions including 
those from light commercial ve hicles continue to rise. If road transport emissions 
continue to increase, it will significantly  undermine efforts made by other sectors to 
combat climate change. 
(3) Community targets for new road vehicles  provide manufacturers with more planning 
certainty and more flexibility to meet the CO 2 reduction requirements than would be 
provided by separate national reduction ta rgets. In setting emission performance 
standards, it is important to take into acc ount the implications fo r markets and for the 
competitiveness of manufacturers, the direct and indirect costs imposed on business and the benefits that accrue in terms of  stimulating innovation and reducing energy 
consumption and fuel costs. 
(4) In its Communications of 7 February 2007 se tting out the results of the review of the 
Community Strategy to reduce CO
2 emissions from passenger cars and light 
commercial vehicles13 and on a Competitive Automotive Regulatory Framework for 
the 21st Century CARS2114, the Commission underlined th at the Community objective 
of average emissions for the new passenger car fleet of 120 g CO 2/km would not be 
met by 2012 in the absence of additional measures. 
(5) In those Communications an integrated  approach was proposed with a view to 
reaching the Community target of average emissions of 120 g CO 2/km from new 
passenger cars registered in the Co mmunity by 2012 by focusing on mandatory 
reductions of emissions of CO 2 to reach an objective of 130 g CO 2/km for the average 
new car fleet by means of improvements in  vehicle motor technology and a further 
reduction of 10 gCO 2/km, or equivalent if technical ly necessary, by means of other 
technological improvements, including fuel efficiency progress in light commercial 
vehicles. 
(6) The provisions implementing the objec tive concerning emissions from light 
commercial vehicles should be consistent  with the legislative framework for 
implementing the objectives concerning emi ssions from the new passenger car fleet 
set out in 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 integrated approach to reduce CO
2 emissions from light-duty 
vehicles. 
                                                 
11 OJ L 140, 5.6.2009, p. 136. 
12 OJ L 275, 25.10.2003, p. 32. 
13 COM(2007) 19. 
14 COM (2007) 22. EN 13   EN (7) The legislative framework for achieving the fleet average emissions target for new 
light commercial vehicles should ensure  that reduction targets are competitively 
neutral, socially equitable and sustaina ble and take account of  the diversity of 
European automobile manufacturers a nd avoid any unjustifie d distortion of 
competition between them. The legislative fr amework should be compatible with the 
overall objective of reaching the Community 's emission reduction targets and should 
be complemented by other more use-related instruments such as differentiated car and 
energy taxes or measures to limit the speed of light commercial vehicles. 
(8) In order to maintain the diversity of the light commercial vehicle market and its ability 
to address different consumer needs, CO 2 emission targets for light commercial 
vehicles should be defined as a function of the utility of the vehicle on a linear basis. 
Mass is an appropriate parameter to descri be this utility as it provides a correlation 
with present emissions and therefore results in more realistic and competitively neutral targets. Moreover, data on mass is readily available. Data on alternative utility parameters such as footprint (track wi dth times wheelbase) and payload should be 
collected in order to facilitate longer-term evaluations of the u tility-based approach. 
(9) This Regulation actively promotes eco -innovation and takes into account future 
technological developments which can enha nce the long-term competitiveness of the 
European automotive industry and create more  high-quality jobs. As  a means to assess 
systematically the emissions improvement s of eco-innovations the Commission should 
consider the possibility of including eco-innovation measures  in the review of test 
procedures pursuant to Article 14(3) of Regulation (EC) No 715/2007, taking into 
consideration the technical and ec onomic impacts of such inclusion. 
(10) In recognition of the very  high research and developmen t and unit production costs of 
early generations of very low carbon vehicl e technologies to be introduced into the 
marketplace following its entry into force,  this Regulation seeks to accelerate and 
facilitate, on an interim basi s, the process of introducing into the Community market 
ultra low carbon vehicles at their in itial stages of commercialisation. 
(11) To provide consistency with Regulati on (EC) No 443/2009 and to avoid abuses, the 
target should be applied to new light commer cial vehicles register ed in the Community 
for the first time and that have not previous ly been registered outside the Community 
except for a limited period. 
(12) Directive 2007/46/EC of the European Pa rliament 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
15 
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 
Directive and for ensuring conformity of production. 
(13) Manufacturers should have flexibility to decide  how to meet thei r targets under this 
Regulation and should be allo wed to average emissions ove r their new vehicle fleet 
rather than having to respect CO 2 targets for each individual vehicle. Manufacturers 
                                                 
15 OJ L 263, 9.10.2007, p. 1. EN 14   EN should therefore be required to ensure that the average specific emission for all the 
new light commercial vehicl es registered in the Community for which they are 
responsible does not exceed the average of the emissions targets for those vehicles. 
This requirement should be phased in between  2014 and 2016 in order to facilitate its 
introduction. This is consistent with the l ead times given and the duration of the phase-
in period set in Regulation 443/2009. 
(14) In order to ensure that targets refl ect the particularities of small and niche 
manufacturers and are consistent with  the manufacturer's reduction potential, 
alternative emission reduction targets should be  set for such manufacturers taking into 
account the technological poten tial of a given manufacturer's  vehicles to reduce their 
specific emissions of CO 2 and consistently with the characteristics of the market 
segments concerned. This derogation should be covered by the review of the specific 
emission targets in Annex I, to be comple ted by the beginning of 2013 at the latest. 
(15) The Community Strategy to reduce CO 2 emissions from passenger cars and light 
commercial vehicles established an integrat ed approach with a view to reaching the 
Community target of 120 g CO 2/km by 2012, while also pr esenting a longer-term 
vision of further emission reductions. Regul ation (EC) No 443/2009 substantiates this 
longer-term view by sett ing a target of 95 g CO 2/km as average emissions for the new 
car fleet. In order to ensure consistency w ith that approach and to provide planning 
certainty for the industry, a long-term ta rget for the specific emissions of CO 2 of light 
commercial vehicles in 2020 should be set. 
(16) In order to provide flexibility for ma nufacturers in meeting their emission targets 
under this Regulation, manufacturers may agree to form a pool on an open, transparent 
and non-discriminatory basis. Where a pool is formed, individu al manufacturer's 
targets should be replaced by a joint target for the pool which should be attained collectively by the me mbers of the pool. 
(17) A robust compliance mechanism is necessary in order to ensure that the targets under 
this Regulation are met. 
(18) The specific emissions of CO
2 from new light commercial vehicles are measured on a 
harmonised basis in the Community acco rding to the methodology laid down in 
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 information
16. To minimise the administrative burden of the 
scheme, the compliance should be measured by reference to data on registrations of 
new vehicles 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. 
(19) Directive 2007/46/EC requires that manufact urers issue a certificat e of conformity for 
each new light commercial vehicle and that Member States permit the registration and entry into service of a new light commerci al vehicle only if it is accompanied by a 
valid certificate of conformity. Data collected by Member States should be consistent 
                                                
 
16 OJ L 171, 29.6.2007, p. 1. EN 15   EN with the certificate of conformity issued by the manufacturer of the light commercial 
vehicle and should be based on this doc ument only. There should be a Community 
standard database for certificate of confor mity data. It should be used as a single 
reference to enable Member Sates to mainta in more easily their registration data when 
vehicles are newly registered. 
(20) Manufacturers' compliance with the targ ets 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 with respect to each calendar year fr om 1 January 2014. The premium should be 
modulated as a function of the extent to wh ich manufacturers fail to comply with their 
target. In order to ensure consistency, the premium mechan ism should be similar to the 
one set in Regulation (EC) No 443/ 2009. The amounts of the excess emissions 
premium should be considered as revenue in the General Budget of the European 
Union. 
(21) Any national measure that Member Stat es may maintain or introduce in accordance 
with Article 176 of the Treaty should not, in consideration of the purpose of and 
procedures established in this Regulation, impose addi tional or more stringent 
penalties on manufacturers who fail to m eet their targets unde r this Regulation. 
(22) This Regulation should be  without prejudice to the fu ll application of Community 
competition rules. 
(23) New modalities should be considered for re aching the long-term target, in particular 
the slope of the curve, the utility parameter and the excess emissions premium scheme. 
(24) The speed of road vehicles has a strong influence on their fuel consumption and CO
2 
emissions. In addition, in the absence of speed limitation for light commercial vehicles, it is possible that there is an element of competition as regards top speed 
which could lead to oversized powertrains and associated inefficiencies in slower 
operating conditions. It is therefore approp riate to investigate the feasibility of 
extending the scope of Council Directive 92/6/EEC on the installation and use of 
speed limitation devices for certain categor ies of motor vehicles in the Community, 
with the aim of including light commerci al vehicles covered in this Regulation. 
(25) The measures necessary for the implemen tation 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
17. 
(26) In particular the Commission should be empowered to amend the monitoring and 
reporting requirements in the light of the experience of the application of this 
Regulation, to establish methods for the co llection of excess emissions premiums, to 
adopt detailed provisions conc erning the derogation for cer tain manufacturers, and to 
adapt Annex I to take account of the evol ution of the mass of new light commercial 
vehicles registered in the Community and to  reflect any change in the regulatory test 
procedure for the measurement of specific emissions of CO 2 laid down in Regulation 
(EC) No 715/2007 . Since those measures are of general scope and are designed to 
                                                 
17 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 amend non-essential elements of this Regulat ion and to supplement this Regulation by 
the addition of new non-essential elements, th ey should be adopted in accordance with 
the regulatory procedure with scrutiny pr ovided for in Article 5a of Decision 
1999/468/EC. 
(27) Since the objective of the proposed ac tion 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 
1. This Regulation establishes CO
2 emissions performance requirements for new light 
commercial vehicles. This Regulation sets the average CO 2 emissions for new light 
commercial vehicles at 175 g CO 2/km, by means of improvements in vehicle 
technology, as measured in accordance w ith Regulation (EC) No 715/2007 and its 
implementing measures, and innovative technologies. 
2. From 2020, this Regulation sets a target of 135 g CO 2/km for the average emissions 
of new light commercial vehicles  registered in the Community. 
Article 2 
Scope 
1. This Regulation shall apply to motor vehicles of categor y N1 as defined in Annex II 
to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and to vehicles to which type-approval is extende d in accordance with Article 2(2) of 
Regulation (EC) No 715/2007 ('light commercial  vehicles') which are registered in 
the Community for the first time and which have not previously been registered 
outside the Community ('new li ght commercial vehicles'). 
2. A previous registration outside the Commu nity less than three months before 
registration in the Community sh all not be taken into account. 
3. This Regulation shall not appl y to special purpose vehicles  as defined in point 5 of 
Annex II to Directive 2007/46/EC. EN 17   EN Article 3 
Definitions  
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 light commercial vehicles of 
which it is the manufacturer;  
(b) 'certificate of conformity' means the certificate referred to in Article 18 of 
Directive 2007/46/EC18; 
(c) 'completed vehicle' means a vehicle wh ere type-approval is granted following 
completion of a process of multi-st age type-approval in accordance with 
Directive 2007/46/EC; 
(d) '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; 
(e) 'mass' means the mass of the vehicle w ith bodywork in running order as stated 
in the certificate of conformity and de fined in section 2.6 of Annex I to 
Directive 2007/46/EC;  
(f) 'specific emissions of CO 2' means the emissions of a light commercial vehicle 
measured in accordance with Regula tion (EC) No 715/2007 and specified as 
the CO 2 mass emission (combined) in the certificate of conformity; 
(g) 'specific emissions target' means, in re lation to a manufactur er, the average of 
the indicative specific emissions of CO 2 determined in accordance with 
Annex I in respect of each new light co mmercial vehicle for which it is the 
manufacturer. 
4. For the purposes of this Regulation "a gr oup of connected manufacturers" shall mean 
a manufacturer and its connected undertak ings. In relation to a manufacturer, 
'connected undertakings' shall mean: 
(a) undertakings in which the manufactur er has, directly or indirectly: 
(i) the power to exercise more than half the voting rights; or 
(ii) the power to appoint more than half the members of the supervisory board, 
board of management or bodies lega lly representing the undertaking; or 
(iii) the right to manage the undertaking's affairs; 
(b) undertakings which directly or indire ctly have, over the manufacturer, the 
rights or powers listed in point (a); 
                                                 
18 OJ L 263, 9.10.2007, p. 1. EN 18   EN (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 the manufacturer 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 ri ghts or powers listed in point (a); 
(e) undertakings in which the rights or the powers listed in (a) are jointly held by 
the manufacturer or one or more of its  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 2 014 and each subsequent calendar year, each 
manufacturer of light commercial vehicles 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 10, in a ccordance with that 
derogation. 
For the purpose of determining each ma nufacturer's specific emissions of CO 2, the following 
percentages of each manufacturer's new light co mmercial vehicles registered in the relevant 
year shall be taken into account: 
– 75% in 2014, 
– 80% in 2015, 
– 100% from 2016 onwards. 
Article 5 
Super-credits 
In calculating the average specific emissions of CO 2, each new light commercial vehicle with 
specific emissions of CO 2 of less than 50 g CO 2/km shall be counted as: 
– 2,5 light commercial vehicles in 2014,  
– 1,5 light commercial vehicles in 2015,  
– 1 light commercial vehicle from 2016. 
Article  6 
Pooling  
1. Manufacturers of new light commercial vehicles, other than  manufacturers which 
have been granted a derogati on under Article 10, may form a pool for the purposes of 
meeting their obligations under Article 4. EN 19   EN 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 are to be pooled. Manufacturers wh ich form a pool shall file the following 
information with the Commission: 
(a) the manufacturers who will be included in the pool; 
(b) the manufacturer nominated 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 8; and 
(c) evidence that the pool manager will be able to fulfil the obligations under 
point (b). 
3. Where the proposed pool manager fails to meet the requirement to pay any excess 
emissions premium imposed on the poo l in accordance with Article 8, the 
Commission shall notify the manufacturers. 
4. Manufacturers included in a pool shall jo intly inform the Commission of any change 
of pool manager or its financial status, in so far as this may affect its ability to meet 
the requirement to pay a ny excess emissions premiu m imposed on the pool in 
accordance with Article 8 and of any change s to the membership of the pool or the 
dissolution of the pool. 
5. Manufacturers may enter into pooling arra ngements 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 membership  of the pool. Without prejudice to the 
general applicability of Community competiti on rules to such pools, all members of a 
pool shall in particular ensu re that neither data sharing nor information exchange 
may occur in the context of their pooling arrangement, except in respect of the 
following information: 
(a) the average specific emissions of CO
2; 
(b) the specific emissions target; 
(c) the total number of vehicles registered. 
6. Paragraph 5 shall not apply where all the ma nufacturers included in the pool are part 
of the same group of connected manufacturers. 
7. Except where notification is given under pa ragraph 3, the manufacturers in a pool in 
respect of which information is filed with the Commission shall be considered as one manufacturer for the purposes of mee ting their obligations under Article 4. 
Monitoring and reporting information in resp ect of individual manufacturers as well 
as any pools will be recorded, reported and ava ilable in the central register referred to 
in Article 7(4). EN 20   EN Article 7 
Monitoring and reporting of average emissions  
1. For the calendar year commencing 1 Ja nuary 2012 and each s ubsequent calendar 
year, each Member State shall record in formation for each new light commercial 
vehicle registered in its territory in acco rdance with Part A of Annex II. This 
information shall be made available to  the manufacturers and their designated 
importers or representatives in each Member  State. Member States shall make every 
effort to ensure that reporting bodie s operate in a transparent manner.  
2. By 28 February of each year, commencing in 2013, each Member State shall 
determine and transmit to the Commission the information 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 State shall also transmit the full set of 
data collected pursuant to paragraph 1. 
4. The Commission shall keep a central register  of the data reported by Member States 
under this Article and this re gister shall be publicly av ailable. By 30 June 2013 and 
each subsequent year, the Commission shall provisionally calculate for each manufacturer: 
(a) the average specific emissions of CO
2 in the preceding calendar year; 
(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 light commercial vehicles registered  and their specific emissions of CO 2. 
5. Manufacturers may, within three months of being notified of  the provisional 
calculation under paragraph 4, notify the Co mmission of any errors in the data, 
specifying the Member State in which it considers that the error occurred. 
6. The Commission shall consider any notific ations from manufactur ers and shall, by 
31 October, either confirm or amend the pr ovisional calculations  under paragraph 4.   
7. In relation to the calendar year 2012 and 2013 a nd on the basis of the calculations 
performed pursuant to paragraph 5, the Commission shall notify a manufacturer 
where it appears to the Commission that  the manufacturer's average specific 
emissions of CO 2 exceed its specific emissions target. 
8. In each Member State, the competent au thority for the collection and communication 
of the monitoring data in acco rdance with this Regulation shall be the one designated 
in accordance with Article 8(7) of Regulation (EC) No 443/2009. EN 21   EN 9. The Commission may adopt detailed rules for the monitoring and reporting of data 
under this Article and on the applicati on of Annex II in accordance with the 
regulatory procedure referre d to in Article 13(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 adopted in accordance with the regulatory 
procedure with scrutiny refe rred to in Article 13(3). 
10. Member States shall also collect and report data, in accordance with this Article, on 
registrations of vehicles in categories M2 and N2 as defined in Annex II to Directive 
2007/46/EC with a reference mass not exceeding 2 610 kg and to vehicles to which type-approval is extended in accordance w ith Article 2(2) of Regulation (EC) No 
715/2007. 
Article 8 
Excess Emissions Premium  
1. In respect of the period 1 January 2014 and every calendar year thereafter, the 
Commission shall impose an excess emissi ons premium on a manufacturer or pool 
manager, as appropriate, where a manufact urer's average specific emissions of CO
2 
exceed its specific emissions target. 
2. The excess emissions premium under para graph 1 shall be cal culated using the 
following formula  
(a) From 2014 until 2018 
(i) For excess emissions of more than 3 g CO 2/km: 
((Excess emissions – 3) × €120 + 45 €) × number of new light commercial 
vehicles. 
(ii) For excess emissions of more than 2 g CO 2/km but no more than 3 g 
CO 2/km: 
((Excess emissions – 2) × 25 € + 20 €) × number of new light commercial 
vehicles. 
(iii) For excess emissions of more  than 1 but no more than 2 g CO 2/km: 
((Excess emissions – 1) × 15 € + 5 €)  × number of ne w light commercial 
vehicles. 
(iv) For excess emissions of no more than 1 g CO 2/km: 
Excess emissions × 5 € × number of new light commercial vehicles. 
(b) From 2019: 
(Excess emissions × €120) × number of new light commercial vehicles. EN 22   EN Where for the purposes of this Article: 
'excess emissions' means the positive num ber of grams per kilometre by which a 
manufacturer's average specific emissions of CO 2 - taking into account CO 2 
emissions reductions due to innovative technologies approved in accordance with Article 11 - exceeded its specific emissions targ et in the calendar year or part of the 
calendar year to which the obligation under Article 4 applies, rounded to the nearest 
three decimal places; and 
'number of new light commercial vehi cles' means the number of new light 
commercial vehicles of which it is the ma nufacturer and which we re registered in 
that period according to the phase-in criteria as set out in Article 4. 
3. 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 13(3). 
4. The amounts of the excess emissions premium shall be considered as revenue for the 
general budget of the European Union.  
Article 9 
Publication of performance of manufacturers 
1. By 31 October 2013 and 31 October each su bsequent year, 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 em issions target in that year; 
(d) the average specific emissions of CO 2 for all new light commercial vehicles in 
the Community in the previous calendar year, and 
(e) the average mass for all ne w light commercial vehicl es in the Community in 
the preceding calendar year. 
2. From the 31 October 2014, the list published under paragraph 1 shall also indicate 
whether the manufacturer has complied with  the requirements of Article 4 with 
respect to the preceding calendar year.  EN 23   EN Article 10 
Derogations for certain 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 of  fewer than 22 000 new 
light commercial vehicles registered in the Community per calendar year and: 
(a) is not part of a group of connected manufacturers; or 
(b) is part of a group of connected manufactur ers that is responsible in total for 
fewer than 22 000 new light commercial vehicles registered in the Community 
per calendar year; or 
(c) is part of a group of connected manufacturers but operates its own production 
facilities and design centre. 
2. A derogation applied for under paragraph 1 may be granted for a maximum period of 
five calendar years. An application sha ll be made to the Commission and shall 
include: 
(a) the name of, and contact person for, the manufacturer; 
(b) evidence that the manufacturer is eligib le for a derogation under paragraph 1; 
(c) details of the light commercial vehi cles which it manufactures including the 
mass and specific emissions of CO 2 of those light commercial vehicles; and 
(d) a specific emissions target consistent with its reduction potential, including the 
economic and technological potential to redu ce its specific emissions of CO 2 
and taking into account the characteristics of the market for the type of light 
commercial vehicle manufactured. 
3. Where the Commission consid ers that the manufacturer is eligible for a derogation 
applied for under paragraph 1 and is satisf ied that the specific emissions target 
proposed by the manufacturer is consistent with its reduction potential, including the 
economic and technological potential to reduce its specific  emissions of CO 2, and 
taking into account the charac teristics of the market for the type of light commercial 
vehicle manufactured, the Commission sha ll grant a derogation to the manufacturer. 
The derogation shall apply from 1 January of  the year following the date of granting 
of the derogation. 
4. A manufacturer which is subject to 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, whet her 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 from 1 January of the next calendar year 
and shall notify the ma nufacturer thereof. EN 24   EN 6. Where the manufacturer does not attain its  specific emissions ta rget, the Commission 
shall impose the excess emissions premium on the manufacturer, as set out in Article 
8. 
7. The Commission may adopt detailed pr ovisions for the implementation of 
paragraphs (1) to (6) inter alia on the interpretation of the eligibility criteria for derogations, on the content of applicati ons, 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 13(3). 
8. Applications for a derogation, including the information supporting it, notifications 
under paragraph 4, revocations under paragr aph 5 and any imposition of an excess 
emissions premium under paragraph 6 and m easures adopted pursuant to paragraph 
7, shall be made publicly available, subj ect to Regulation (E C) No 1049/2001 of 30 
May 2001 of the European Parliament and of the Council regard ing public access to 
European Parliament, Council and Commission documents. 
Article 11 
Eco-innovation   
1. Upon application by a supplie r or a manufacturer, CO2 savings achieved through the 
use of innovative technologies shall be c onsidered. The total contribution of those 
technologies to reducing the specific emissi ons target of a manuf acturer may be up to 
7 g CO 2/km. 
2. The Commission shall by 31 December 201 2, adopt detailed provisions for a 
procedure to approve such innovative techno logies in accordance with the regulatory 
procedure referred to in Article 13(2). Thos e detailed provisions shall be based on 
the following criteria fo r innovative technologies: 
(a) the supplier or manufacturer must be accountable for the CO 2 savings achieved 
through the use of the innovative technologies; 
(b) the innovative technologies must ma ke a verified contribution to CO 2 
reduction; 
(c) the innovative technologies must not be  covered by the standard test cycle CO 2 
measurement or by mandatory provisions due to complementary additional measures complying with the 10 g CO
2/km reduction referred to in Article 1 of 
Regulation No 443/2009 or be manda tory under other provisions of 
Community law. 
3. A supplier or a manufacturer who applie s for a measure to be approved as an 
innovative technology shall submit a repo rt, including a ve rification report 
undertaken by an independent and certified  body, to the Commission. In the event of 
a possible interaction of the measure w ith another innovative technology already 
approved, the report shall mention that inte raction and the veri fication report shall EN 25   EN evaluate to what extent that interacti on modifies the reduc tion achieved by each 
measure. 
4. The Commission shall attest the reduction achieved on the basis of  the criteria set out 
in paragraph 2. 
Article 12 
Review and report 
1. By 31 October 2016, and every three years th ereafter, measures sh all be adopted to 
amend Annex I to adjust the figure M0, referred to therein, to the average mass of new light commercial vehicles in th e previous three calendar years. 
Those measures shall take effect for the first time on 1 January 2018 and every three 
years thereafter. 
Those measures, designed to amend non-esse ntial elements of this Regulation, shall 
be adopted in accordance with the regulator y procedure with scrutiny referred to in 
Article 13(3). 
2. The Commission shall include light commercial vehicles in the review of the 
procedures for measuring CO
2 emissions in accordance with Article 13(3) of 
Regulation (EC) No 443/2009. 
From the date of application of the re vised procedure for the measuring of CO 2 
emissions, innovative technologies shall no longer be approved under the procedure 
set out in Article 11. 
3. The Commission shall include light commercial  vehicles in the review of Directive 
2007/46/EC in accordance with Article 13(4) of Regulation (EC) No 443/2009. 
4. By 1 January 2013, the Commission shall complete a review of the specific 
emissions targets in Annex I and of the derogations in Article 10, with the aim of defining: 
– subject to confirmation of its feasibilit y on the basis of updated impact assessment 
results, the modalities for reaching, by the year 2020, a long-term target of 135 g 
CO
2/km in a cost-effective manner; and 
– the aspects of the implementation of that  target, including the excess emissions 
premium. 
On the basis of such a review and its impact assessment, which includes an overall 
assessment of the impact on the car indus try and its dependent industries, the 
Commission shall, if appropriate,  
– make a proposal to amend this Regulation in  a way which is as neutral as possible 
from the point of view of competiti on, and which is socially equitable and 
sustainable, EN 26   EN – confirm the inclusion in this Regulation of vehicles in category N2 and M2 as 
defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and to vehicles to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007. 
Those measures, designed to amend non-esse ntial elements of this Regulation, shall 
be adopted in accordance with the regulator y procedure with scrutiny referred to in 
Article 13(3). 
5. The Commission shall by 2014, following an impact assessment, publish a report on 
the availability of data on footprint and pa yload and their use as utility parameters for 
determining specific emissions targets and, if appropriate, submit a proposal to the European Parliament and to th e Council to amend Annex I. 
6. Measures shall be adopted to provide for the necessary adaptation to the formulae of 
Annex I in order to reflect any change in the regulatory test procedure for the 
measurement of specific CO
2 emissions. 
Those measures, designed to amend non-esse ntial elements of this Regulation, shall 
be adopted in accordance with the regulator y procedure with scrutiny referred to in 
Article 13(3). 
7. The Commission shall by 2015 review the method of determining the specific 
emissions of CO 2 of completed vehicles in paragra ph 7 of Part B of Annex II and, if 
appropriate, submit a proposal to the Eur opean Parliament and to the Council to 
amend Annex II. 
Article 13 
Committee procedure 
1. The Commission shall be assisted by the 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 14 
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 . EN 27   EN 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 28   EN ANNEX I  
SPECIFIC CO 2 EMISSIONS TARGETS 
1. The indicative specific emissions of CO 2 for each light commercial vehicle, 
measured in grams per kilometre, shall be determined in accordance with the following formulae:  
(a) From 2014 to 2017: 
Indicative specific emissions of CO
2 = 175 + a × (M – M 0) 
Where: M = mass of the vehicle in kilograms (kg) M
0 = 1706,0 
a = 0,093 
(b) From 2018: 
Indicative specific emission of CO 2 = 175 + a × (M – M 0) 
Where: M = mass of the vehicle in kilograms (kg) M
0 = the value adopted pursuant to Article 12(1) 
a = 0,093 
2. The specific emissions target for a ma nufacturer in a cale ndar year shall be 
calculated as the average of the indicative specific emissions of CO 2 of each new 
light commercial vehicle registered in th at calendar year of  which it is the 
manufacturer. EN 29   EN ANNEX II  
MONITORING AND REPORTING OF EMISSIONS  
A. C OLLECTION OF DATA ON LIGHT COMMERCIAL VEHICLES AND DETERMINATION OF 
CO 2 MONITORING INFORMATION  
1. For the year beginning 1 January 2011 and each subsequent year, Member States 
shall record the following details for each ne w light commercial vehicle registered 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); 
(f) its track width (mm); 
(g) its payload (in kg).  
2. The details referred to in point 1 shall be taken from the certificate of conformity for 
the relevant light commercial vehicle. Wher e the certificate of co nformity specifies 
both a minimum and a maximum mass for a li ght commercial vehicle, the Member 
States shall use only the maximum figure fo r the purpose of this Regulation. In the 
case of bi-fuelled vehicles (p etrol/gas) the certificates of  conformity of which bear 
specific CO 2 emission figures for both types of fuel, Member States shall use only 
the figure measured for gas. 
3. For the calendar year commencing 1 Ja nuary 2011 and each s ubsequent calendar 
year, each Member State shall determine, in accordance with the methods set out in 
Part B, for each manufacturer: 
(a) the total number of new light commercial vehicles registered in its territory;  
(b) the average specific emissions for CO 2, as specified in point 2 of Part B of this 
Annex; 
(c) the average mass, as specified in po int 3 of Part B of this Annex; 
(d) for each variant of each version of each type of new light commercial vehicle: 
(i) the total number of new light commercial vehicles registered in its territory, 
as specified in point 4 of Part B of this Annex; 
(ii) the specific emissions of CO 2;  
(iii) the mass; EN 30   EN (iv) the footprint of the vehi cle, as specified in point 5 of Part B of this Annex 
(v) the payload. 
B. M ETHODOLOGY FOR DETERMINING CO 2 MONITORING INFORMATION FOR NEW 
LIGHT COMMERCIAL VEHICLES  
Monitoring information which Member States are required to determine in 
accordance with paragraph 3 of part A shall be determined in accordance with the methodology in this Part. 
1. Number of new light commerc ial vehicles registered ( N). 
Member States shall determine the numbe r of new light commercial vehicles 
registered within their territory in the respectiv e monitoring year (N). 
2. Average specific CO
2 emissions of new light commercial vehicles ( S,ave) 
The average specific CO 2 emissions of all new light commercial vehicles newly 
registered in a Member States’ te rritory in the monitoring year ( S,ave) is calculated by 
dividing the sum of the specific CO 2 emissions of each individual new vehicle, S, by 
the number of new vehicles, N. 
Save = (1/ N) × Σ S 
3. Average mass of new light commercial vehicles 
The average mass of all new light commerc ial vehicles registered in a Member 
States’ territory in the monitoring year ( M,ave) is calculated by di viding the sum of the 
mass of each individual new vehicle, M, by the number of new vehicles, N. 
Mave = (1/ N) × Σ M 
4. The distribution by version of new light commercial vehicles 
For each version of each variant of each t ype of new light commercial vehicle, the 
number of newly registered vehicles, the mass of the vehicles, the specific emissions 
of CO 2 and the footprint of the ve hicle are to be recorded. 
5. Footprint 
The footprint of the vehicle shall be calculated by multiplying the wheelbase of the 
car by the track widt h of the vehicle. 
6. Payload 
The payload of the vehicle shall be define d as the difference between the technically 
permissible maximum laden mass pursuant to of Annex III to Directive 2007/46/EC 
and the mass of the vehicle. EN 31   EN 7. Specific emissions of completed vehicles 
The specific emissions of completed vehicles  shall be determined in accordance with 
Directive 2004/3/EC. Where that value is not  available, the specific emissions of a 
completed vehicle shall be set equal to the highest value of the specific emissions of 
all complete vehicles that are of the same type of vehicle as the incomplete vehicle 
on which the completed vehicle is based, and th at have been registered in the EU in 
the same monitoring year, where 'type of vehicle' is defined in accordance with Article 3 of Directive 2007/46/ EC. If there are more than three different values of 
specific emissions of all complete vehicl es, the second-highest specific emissions 
shall be used. 
C. F
ORMAT FOR THE TRANSMISSION OF DATA  
For each manufacturer, for each year, Member States shall report the data described 
in point 3 of part A in  the following formats:  
EN 32   EN Aggregated data: 
Year:      
Manufacturer Total number 
of new light 
commercial 
vehicle 
registered Average 
specific 
emissions 
of CO 2 
(g/km) Average 
mass 
(kg) Average footprint 
(m2) Average 
payload (kg) 
(Manufacturer 1) … … … … … 
(Manufacturer 2) … … … … … 
… … … … … … 
Total all 
manufacturers … … … … … 
Detailed data at manufacturer level: Year 
Manufacturer 
Type of light commercial 
vehicle 
Variant 
Version 
Category of vehicle type 
approved 
Category of vehicle 
registered 
Make 
Commercial name 
Innovative technology or 
group of innovative 
technologies19 code 
Total new registrations 
Specific emissions of CO 2 
(g/km) 
Hydrogen consumption 
(g/km) 
Electric energy consumption 
(Wh/km) 
Mass (kg) 
Foot-print (m2) 
Average payload (kg) 
Emissions reduction through 
innovative technologies20 
Year 1 (Name of 
manufacturer 1) (name of 
type 1) (name of 
variant 1) (name of 
version 1) … … … … … … … … … … … … … 
Year 1 (Name of 
manufacturer 1) (name of 
type 1) (name of 
variant 1) (name of 
version 2) … … … … … … … … … … … … …  
EN 33   EN Year 1 (Name of 
manufacturer 1) (name of 
type 1) (name of 
variant 2) (name of 
version 1) … … … … … … … … … … … … … 
Year 1 (Name of 
manufacturer 1) (name of 
type 1) (name of 
variant 2) (name of 
version 2) … … … … … … … … … … … … … 
Year 1 (Name of 
manufacturer 1) (name of 
type 2) (name of 
variant 1) (name of 
version 1) … … … … … … … … … … … … … 
Year 1 (Name of 
manufacturer 1) (name of 
type 2) (name of 
variant 1) (name of 
version 2) … … … … … … … … … … … … … 
Year 1 (Name of 
manufacturer 1) (name of 
type 2) (name of 
variant 2) (name of 
version 1) … … … … … … … … … … … … … 
Year 1 (Name of 
manufacturer 1) (name of 
type 2) (name of 
variant 2) (name of 
version 2) … … … … … … … … … … … … … 
Year 1 (Name of 
manufacturer 1) … … … … … … … … … … … … … … … … 
Year 1 (Name of 
manufacturer 2) (name of 
type 1) (name of 
variant 1) (name of 
version 1) … … … … … … … … … … … … … 
Year 1 (Name of 
manufacturer 2) (name of 
type 1) (name of 
variant 1) (name of 
version 2) … … … … … … … … … … … … … 
Year 1 (Name of 
manufacturer 2) (name of 
type 1) (name of 
variant 2) (name of 
version 1) … … … … … … … … … … … … … 
Year 1 (Name of 
manufacturer 2) (name of 
type 1) (name of 
variant 2) (name of 
version 2) … … … … … … … … … … … … … 
Year 1 (Name of 
manufacturer 2) (name of 
type 2) (name of 
variant 1) (name of 
version 1) … … … … … … … … … … … … … 
Year 1 (Name of 
manufacturer 2) (name of 
type 2) (name of 
variant 1) (name of 
version 2) … … … … … … … … … … … … … 
Year 1 (Name of 
manufacturer 2) (name of 
type 2) (name of 
variant 2) (name of 
version 1) … … … … … … … … … … … … … 
Year 1 (Name of 
manufacturer 2) (name of 
type 2) (name of 
variant 2) (name of 
version 2) … … … … … … … … … … … … … 
Year 1 (Name of 
manufacturer 2) … … … … … … … … … … … … … … … …  
EN 34   EN