. /.   WORLD TRADE  
ORGANIZATION  G/TBT/N/EEC/324 
8 April 2010  
 (10-1840) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Member to Agreement notifying:  EUROPEAN UNION
  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):     
2. Agency responsible:  European Commission 
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above :   
European Commission 
EU-TBT Enquiry Point Fax:  +(32) 2 299 80 43 E-mail:  ec-tbt@ec.europa.eu
 
Website: http://ec.europa.eu/enterprise/tbt/   
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:   
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Passenger cars (motor 
vehicles of category M1 as defined in Annex II to Directive 2007/46/EC). 
5. Title, number of pages and language(s) of the notified document:  Draft Commission 
Regulation laying down detailed  provisions for the application for a derogation from the 
specific CO 2 emission targets pursuant to Article 11 of Regulation (EC) No 443/2009 (24 
pages, in English).     
6. Description of content:  Article 11 of Regulation 443/2009 provides for a derogation for 
certain manufacturers from the specific CO 2 emission targets set in Annex I of the legislation. 
According to Article 11(1), ma nufacturers responsible for le ss than 10,000 new passenger 
cars per year may apply for an individual target consistent with their reduction potential for a period of maximum five years. Article 11(4) allows manufacturers re sponsible for between 
10,000 to 300,000 new passenger cars to apply fo r a target which is a 25% reduction on the 
average specific emissions of CO
2 in 2007.  Where a manufacturer is a new entrant and its 
2007 baseline does not exist, the Commission shall determine an equivalent reduction target 
based upon the best available CO 2 reduction technology deployed in passenger cars of 
comparable mass.  
According to Article 11(8) of the Regulation,  the Commission may adopt detailed provisions 
for the implementation of this Article inter alia, on the interpretation of the eligibility criteria 
for derogations, content of applications, and as sessment of programmes for the reduction of 
specific emi ssions of CO 2.  The notified document lays down such provisions. G/TBT/N/EEC/324 
Page 2  
 
  7. Objective and rationale, including the na ture of urgent problems where applicable:  
Implementation of EC Regulatio n 443/2009 which aims at protec tion of the environment and 
public health, contribution to th e reduction of greenhouse gas emissions in the EU (EU GHG 
reduction target of 20% for 2020), and to its policy on acting against climate change.  
8. Relevant documents:   Regulation 443/2009 of the European Parliament and the Council of 
23 April 2009 setting emission perf ormance standards for new pas senger cars as part of the 
Community's integrated approach to reduce CO 2 emissions from light duty vehicles (notified 
under reference G/TBT/N/EEC/194). 
http://eur-lex.europa.e u/JOHtml.do?uri=OJ:L :2009:140:SOM:EN:HTML    
9. Proposed date of adoption:   
Proposed date of entry into force:   }Fourth quarter of 2010  
10. Final date for comments:  60 days from date of notification 
11. Text available from: National enquiry point [  ], or addre ss, telephone and fax numbers, 
e-mail and web-site addresses, if available of the other body:    
European Commission 
EU-TBT Enquiry Point Fax:  +(32) 2 299 80 43 
E-mail:  ec-tbt@ec.europa.eu
 
 The text is available on the EU-TBT Website :  http://ec.europa.eu/enterprise/tbt/
   
 and at http://members.wto.org/crnatt achments/2010/tbt/EEC/10_1430_00_e.pdf