(1)
(2)
(3)5.6.2009 EN Official Journal of the European Union L 140/1
I 
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) 
REGULATIONS   
REGULATION (EC) No 443/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 April 2009
setting emission performance standards for new passenger cars as part of the Community’s integrated 
approach to reduce CO2 emissions from light-duty vehicles
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO­
PEAN UNION,
Having regard to the Treaty establishing the European Commu­
nity, and in particular Article 175(1) thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the European Economic and 
Social Committee
(1) OJ C 77, 31.3.2009, p. 1.,
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 
of the Treaty
(2) Opinion of the European Parliament of 17 December 2008 (not yet
published in the Official Journal) and Council Decision of 6 April
2009.,
Whereas:
(1) The objective of this Regulation is to set emission perfor­
mance standards for new passenger cars registered in the Community, which forms part of the Community’s inte­grated approach to reducing CO
2 emissions from light-
duty vehicles while ensuring the proper functioning of the internal market.
(2) 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 Decem­
ber 1993
(3) OJ L 33, 7.2.1994, p. 11., requires all parties to formulate and imple­
ment national and, where appropriate, regional programmes containing measures to mitigate climate change. In this respect, the Commission proposed in Janu­
ary 2007 that, in the context of international negotiations, 
the European Union should pursue the objective of a 30 % 
reduction of greenhouse gas emissions by developed coun­tries by 2020 (compared to  1990 levels) and that the Union itself should make a firm independent commitment to achieve at least a 20 % reduction of greenhouse gas emissions by 2020 (compared to 1990 levels), irrespective of reductions achieved by other developed countries. This objective was endorsed by the European Parliament and the Council.
(3) One of the implications of those commitments is that all Member States will need to reduce significantly emissions from passenger cars. Policies and measures should be implemented at Member State and Community level across all sectors of the Community economy, and not only within the industry and energy sectors, in order to gener­ate the substantial reductions needed. Road transport is the 
second largest greenhouse-gas emitting sector in the Union 
and its emissions continue to rise. If the climate change impact of road transport continues to increase, it will sig­nificantly undermine reductions made by other sectors to combat climate change.
(4) Community targets for new passenger cars 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 setting emission performance standards, it is important to take into account the implications for 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.(1)
2) (
(3)
(4)(5)L 140/2 EN Official Journal of the European Union 5.6.2009
(5) This Regulation builds on a well-established process of 
measuring and monitoring the CO2 emissions of vehicles 
registered in the Community in accordance with Decision No 1753/2000/EC of the European Parliament and of the Council of 22 June 2000 establishing a scheme to moni­
tor the average specific emissions of CO
2 from new pas­
senger cars
(1) OJ L 202, 10.8.2000, p. 1.. It is important that the setting of CO2 
emissions reduction requirements continues to provide Community-wide predictability and planning security for vehicle manufacturers across their new car fleet in the Community.
(6) The Commission adopted a Community Strategy for reduc­ing CO
2 emissions from cars in 1995. The strategy was 
based on three pillars: voluntary commitments from the car industry to cut emissions, improvements in consumer information and the promotion of fuel-efficient cars by means of fiscal measures.
(7) In 1998, the European Automobile Manufacturers’ 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’ Association (JAMA) and the Korean Automobile Manufac­turers’ Association (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 
Commission Recommendation 1999/125/EC of 5 Febru­
ary 1999 on the reduction of CO2 emissions from passen­
ger cars
(2) OJ L 40, 13.2.1999, p. 49. (ACEA), Commission Recommendation 
2000/303/EC of 13 April 2000 on the reduction of CO2 
emissions from passenger cars (KAMA)
(3) OJ L 100, 20.4.2000, p. 55. and Commis­
sion Recommendation 2000/304/EC of 13 April 2000 on 
the reduction of CO2 emissions from passenger cars 
(JAMA)
(4) OJ L 100, 20.4.2000, p. 57..
(8) On 7 February 2007, the Commission adopted two paral­
lel 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 
vehicles and a Communication on a Competitive Automo­tive Regulatory Framework for the 21st Century (CARS21). The Communications underlined that progress had been made towards the target of 140 g CO
2/km by 2008/2009, 
but that the Community objective of 120 g CO2/km would 
not be met by 2012 in the absence of additional measures.
(9) 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 Community objective by focusing on mandatory reduc­tions of emissions of CO
2 to reach an objective of 130 g 
CO2/km for the average new car fleet by means of improve­
ments in vehicle motor technology. Consistent with the approach under the voluntary commitments adopted by manufacturers, this covers those elements 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 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
(5) OJ L 171, 29.6.2007, p. 1.. A further 
reduction of 10 g CO2/km, or equivalent if technically nec­
essary, will be delivered by other technological improve­ments and by an increased use of sustainable biofuels.
(10) The legislative framework for implementing the average 
new car fleet target should ensure competitively neutral, socially equitable and sustainable reduction targets which take account of the diversity of European automobile manufacturers and avoid any unjustified distortion of com­petition between them. The legislative framework should 
be compatible with the overall objective of reaching the 
Community’s Kyoto targets and should be complemented by other more use-related instruments such as differenti­ated car and energy taxes.
(11) Appropriate funding should be ensured in the general bud­
get of the European Union to promote the development of technologies intended to reduce radically CO
2 emissions 
from road vehicles.
(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 according to the util­ity of the cars on a linear basis. To describe this utility, mass is an appropriate parameter which 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 width times wheelbase) 
should be collected in order to facilitate longer-term evalu­
ations of the utility-based approach. The Commission should, by 2014, review the availability of data and, if appropriate, submit a proposal to the European Parliament and to the Council to adapt the utility parameter.
(13) The aim of this Regulation is to create incentives for the car 
industry to invest in new technologies. This Regulation actively promotes eco-innovation and takes into account future technological developments. The development of innovative propulsion technologies should particularly be promoted, as they result in significantly lower emissions 
than traditional passenger cars. In this way, the long-term 
competitiveness of the European industry is promoted and more high-quality jobs are created. 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 economic impacts of such inclusion.(1)
(2)5.6.2009 EN Official Journal of the European Union L 140/3
(14) In recognition of the very high research and development 
and unit production costs of early generations of very low carbon vehicle technologies to be introduced into the mar­ketplace following its entry into force, this Regulation seeks to accelerate and facilitate, on an interim basis, the process of introducing into the Community market ultra low carbon vehicles at their initial stages of 
commercialisation.
(15) The use of certain alternative fuels can offer significant CO2 
reductions in well-to-wheel terms. This Regulation there­
fore incorporates specific provisions aimed at promoting further deployment of certain alternative-fuel vehicles in the Community market.
(16) To provide consistency with the approach 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 should be applied to new passenger cars which are registered in the Community for the first time and which, except for a limited period to avoid abuses, have not previously been registered outside the Community.
(17) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a frame­
work for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles
(1) OJ L 263, 9.10.2007, p. 1. establishes a harmonised 
framework containing the administrative provisions and general technical requirements for approval of all new 
vehicles within its scope. The entity responsible for com­
plying with this Regulation should be the same as that responsible for all aspects of the type-approval process in accordance with that Directive and for ensuring confor­mity of production.
(18) For the purposes of type-approval, specific requirements 
apply for special-purpose vehicles, as defined in Annex II of Directive 2007/46/EC, and they should therefore be excluded from the scope of this Regulation. Vehicles which are classified as category M
1 before the entry into force of 
this Regulation, which are built specifically for commer­cial purposes to accommodate wheelchair use inside the vehicle and which meet the definition of special-purpose vehicle in Annex II of Directive 2007/46/EC should also be excluded from the scope of this Regulation in line with 
Community policy to help people with disabilities.
(19) Manufacturers should have flexibility to decide how to 
meet their targets under this Regulation and should be allowed 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 they are responsible does not exceed the average of the emissions targets for those cars. This requirement should be phased in between 2012 and 2015 in order to facilitate the transition.
(20) It is not appropriate to use the same method to determine the emissions reduction targets for large-volume manufac­turers as for small-volume manufacturers considered as independent on the basis of the criteria set out in this Regulation. Such small-volume manufacturers should have alternative emissions reduction targets relating to the tech­nological potential of a given manufacturer’s vehicles to 
reduce their specific emissions of CO
2 and consistent with 
the characteristics of the market segments concerned. This 
derogation should be covered by the review of the specific emissions targets in Annex I, to be completed by the begin­ning of 2013 at the latest.
(21) Niche manufacturers should be allowed to benefit from an alternative target which is 25 % lower than their average specific emissions of CO
2 in 2007. An equivalent target 
should be determined where information on a manufactur­er’s average specific emissions does not exist for the year 2007. This derogation should be covered by the review of the specific emissions targets in Annex I, to be completed by the beginning of 2013 at the latest.
(22) In determining the average specific emissions of CO2 for all 
the new cars registered in the Community for which manu­facturers are responsible, all cars should be taken into account irrespective of their mass or other characteristics. Although Regulation (EC) No 715/2007 does not cover passenger cars with a reference mass exceeding 2 610 kg 
and to which type approval is not extended in accordance 
with Article 2(2) of Regulation (EC) No 715/2007, the 
emissions for these cars should be measured in accordance with the same measurement procedure as specified for pas­senger cars in Regulation (EC) No 692/2008
(2) Commission Regulation (EC) No 692/2008 of 18 July 2008  imple­
menting and amending Regulation (EC) No 715/2007 of the European
Parliament and of the Council on type-approval of motor vehicles withrespect to emissions from light passenger and commercial vehicles(Euro 5 and Euro 6) and on access to vehicle repair and maintenanceinformation (OJ L 199, 28.7.2008, p. 1).. The result­
ing CO2 emission values should be entered in the certificate 
of conformity of the vehicle in order to enable their inclu­
sion in the monitoring scheme.
(23) In order to provide for flexibility for the purposes of meet­ing their targets under this Regulation, manufacturers may agree to form a pool on an open, transparent and non-discriminatory basis. An agreement to form a pool should not exceed five years but may be renewed. Where manu­
facturers form a pool, they should be deemed to have met 
their targets under this Regulation provided that the aver­age emissions of the pool as a whole do not exceed the tar­get emissions for the pool.(1)L 140/4 EN Official Journal of the European Union 5.6.2009
(24) A robust compliance mechanism is necessary in order to 
ensure that the targets under this Regulation are met.
(25) The specific emissions of CO2 from new passenger cars are 
measured on a harmonised basis in the Community according to the methodology laid down in Regulation (EC) No 715/2007. To minimise the administrative burden of this Regulation, compliance should be measured by ref­erence to data on registrations of new cars in the Commu­
nity collected by Member States and reported to the 
Commission. To ensure the consistency of the data used to 
assess compliance, the rules for the collection and report­
ing of this data should be harmonised as far as possible.
(26) Directive 2007/46/EC provides that manufacturers 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 passen­ger car only if it is accompanied by a valid certificate of conformity. Data collected by Member States should be consistent with the certificate of conformity issued by the 
manufacturer for the passenger car and should be based on 
this reference only. Should Member States, for justified rea­sons, not use the certificate of conformity to complete the process of registration and entry into service of a new pas­senger car, they should put the necessary measures in place to ensure adequate accuracy in the monitoring procedure. There should be a Community standard database for cer­tificate of conformity data. It should be used as a single ref­
erence to enable Member States to more easily maintain their registration data when vehicles are newly registered.
(27) Manufacturers’ compliance with the targets under this 
Regulation should be assessed at 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 adjusted accord­ing to the extent to which manufacturers fail to comply with their target. It should increase over time. In order to provide a sufficient incentive to take measures to reduce specific emissions of CO
2 from passenger cars, the pre­
mium should reflect technological costs. The amounts of the excess emissions premium should be considered as rev­enue for the general budget of the European Union.
(28) Any national measure that Member States may maintain or 
introduce in accordance with Article 176 of the Treaty should not, in consideration of the purpose of and proce­dures established by this Regulation, impose additional or more stringent penalties on manufacturers who fail to meet their targets under this Regulation.(29) This Regulation should be without prejudice to the full 
application of Community competition rules.
(30) The Commission should consider new modalities for 
reaching the long-term target, in particular the slope of the curve, the utility parameter and the excess emissions pre­mium scheme.
(31) 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 implementing powers con­ferred on the Commission
(1) OJ L 184, 17.7.1999, p. 23..
(32) 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 collection of excess emis­sions premiums, to adopt detailed provisions concerning 
the derogation for certain manufacturers, and to adapt 
Annex I to take account of the evolution of the mass of new passenger cars registered in the Community and to reflect any change in the regulatory test procedure for the 
measurement of specific emissions of CO
2. Since those 
measures are of general scope and are designed to amend non-essential elements of this Regulation,  inter alia,  b y  
supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory proce­dure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
(33) Decision No 1753/2000/EC should be repealed for reasons 
of simplification and legal clarity.
(34) Since the objective of this Regulation, namely establishing CO
2 emissions performance requirements for new passen­
ger cars in order to ensure the proper functioning of the internal market and to achieve the Union’s overall objec­tive of reducing emissions of greenhouse gases, cannot be sufficiently achieved by the Member States and can there­fore, by reason of the scale and effects of the proposed action, be better achieved at Community level, the Com­
munity may adopt measures, in accordance with the prin­
ciple 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 CO2 emissions performance require­
ments for new passenger cars in order to ensure the proper func­tioning of the internal market and to achieve5.6.2009 EN Official Journal of the European Union L 140/5
 the overall objective of the European Community of 120 g 
CO2/km as average emissions for the new car fleet. This Regula­
tion sets the average CO2 emissions for new passenger cars at 
130 g CO2/km, by means of improvement in vehicle motor tech­
nology, as measured in accordance with Regulation (EC) No  715/2007 and its implementing measures and innovative technologies.
From 2020 onwards, this Regulation sets a target of 95 g CO
2/km 
as average emissions for the new car fleet, in accordance with 
Article 13(5).
This Regulation will be complemented by additional measures 
corresponding to a reduction of 10 g CO2/km as part of the Com­
munity’s integrated approach.
Article 2
Scope
1. This Regulation shall apply to motor vehicles of category 
M1 as defined in Annex II to Directive 2007/46/EC (‘passenger 
cars’) which are registered in the Community for the first time and 
which have not previously been registered outside the Commu­nity (‘new passenger cars’).
2. A previous registration outside the Community made less 
than three months before registration in the Community shall not 
be taken into account.
3. This Regulation does not apply to special-purpose vehicles 
as defined in point  5 of Part A of Annex  II to Directive 
2007/46/EC.
Article 3
Definitions
1. For the purposes of this Regulation, the following defini­
tions shall apply: 
(a) ‘average specific emissions of CO
2’ means, in relation to a 
manufacturer, the average of the specific emissions of CO2 of 
all new passenger cars of which it is the manufacturer;
(b) ‘certificate of conformity ’ means the certificate referred to in 
Article 18 of Directive 2007/46/EC;
(c) ‘manufacturer ’ means the person or body responsible 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 conformity and defined in section 2.6 of Annex I to Directive 2007/46/EC;
(e) ‘footprint’ means the track width multiplied by the wheelbase 
as stated in the certificate of conformity and defined in sec­tions 2.1 and 2.3 of Annex I to Directive 2007/46/EC;(f) ‘specific emissions of CO
2’ means the CO2 emissions of a pas­
senger car measured in accordance with Regulation (EC) No 715/2007 and specified as the CO
2 mass emissions (com­
bined) in the certificate of conformity. For passenger cars which are not type-approved in accordance with Regulation (EC) No 715/2007, ‘specific emissions of CO
2’ means the 
CO2 emissions measured in accordance with the same mea­
surement procedure as specified for passenger cars in Regu­lation (EC) No 692/2008, or in accordance with procedures adopted by the Commission to establish the CO
2 emissions 
for such passenger cars;
(g) ‘specific emissions target ’ means, in relation to a manufac­
turer, the average of the specific emissions of CO2 permitted 
in accordance with Annex I in respect of each new passenger car of which it is the manufacturer or, where the manufac­turer is granted a derogation under Article 11, the specific emissions target determined in accordance with that derogation.
2. For the purposes of this Regulation ‘a group of connected 
manufacturers ’ means a manufacturer and its connected under­
takings. In relation to a manufacturer, ‘connected undertakings ’ 
means:
(a) undertakings in which the manufacturer has, directly or 
indirectly:—the power to exercise more than half the voting rights;  
—the power to appoint more than half the members of the 
supervisory board, board of management or bodies 
legally representing the undertaking; or 
—the right to manage the undertaking’s affairs;
(b) undertakings which directly or indirectly have, over the 
manufacturer, the rights or powers listed in point (a);
(c) undertakings in which an undertaking referred to in point (b) 
has, directly or indirectly, the rights or powers 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 rights 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 2012 and each sub­
sequent 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 IL 140/6 EN Official Journal of the European Union 5.6.2009
 or, where a manufacturer is granted a derogation under Article 11, 
in accordance with that derogation.
For the purposes of determining each manufacturer’s average spe­
cific emissions of CO2, the following percentages of each manu­
facturer’s new passenger cars registered in the relevant year shall be taken into account:
—65 % in 2012, 
—75 % in 2013, 
—80 % in 2014, 
—100 % from 2015 onwards.
Article 5
Super-credits
In calculating the average specific emissions of CO
2, each new 
passenger car with specific emissions of CO2 of less than 50 g 
CO2/km shall be counted as:
—3,5 cars in 2012, 
—3,5 cars in 2013, 
—2,5 cars in 2014, 
—1,5 cars in 2015, 
—1 car from 2016.
Article 6
Specific emissions target for alternative-fuel vehicles
For the purpose of determining compliance by a manufacturer 
with its specific emissions target referred to in Article 4, the spe­cific emissions of CO
2 of each vehicle designed to be capable of 
running on a mixture of petrol with 85 % ethanol (‘E85 ’) which 
meets relevant Community legislation or European technical stan­dards, shall be reduced by 5 % until 31 December 2015 in recog­
nition of the greater technological and emissions reduction capability when running on biofuels. This reduction shall apply only where at least 30 % of the filling stations in the Member State in which the vehicle is registered provide this type of alternative 
fuel complying with the sustainability criteria for biofuels set out 
in relevant Community legislation.
Article 7
Pooling
1. Manufacturers, other than manufacturers which have been 
granted a derogation under Article 11, may form a pool for the purposes of meeting their obligations under Article 4.2. An agreement to form a pool may relate to one or more cal­
endar years, provided that the overall duration of each agreement does not exceed five calendar years, and must be entered into on or before 31 December in the first calendar year for which emis­sions are to be pooled. Manufacturers which 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 9; and
(c) evidence that the pool manager will be able to fulfil the obli­
gations under point (b).
3. Where the proposed pool manager fails to meet the require­
ment to pay any excess emissions premium imposed on the pool 
in accordance with Article 9, the Commission shall notify the manufacturers.
4. Manufacturers included in a pool shall jointly inform the 
Commission of any change of pool manager or its financial sta­
tus, in so far as this may affect its ability to meet the requirement to pay any excess emissions premium imposed on the pool in accordance with Article 9 and of any changes to the membership of the pool or the dissolution of the pool.
5. Manufacturers may enter into pooling arrangements pro­
vided that their agreements are in compliance with Articles 81 
and 82 of the Treaty and that they allow open, transparent and non-discriminatory participation on commercially reasonable terms by any manufacturer requesting membership of the pool. 
Without prejudice to the general applicability of Community 
competition rules to such pools, all members of a pool shall in particular ensure 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 manufacturers 
included in the pool are part of the same group of connected 
manufacturers.5.6.2009 EN Official Journal of the European Union L 140/7
7. Except where notification is given under paragraph 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 meeting their obligations under Article 4. Moni­toring and reporting information in respect of individual manu­facturers as well as any pools will be recorded, reported and available in the central register referred to in Article 8(4).
Article 8
Monitoring and reporting of average emissions
1. For the calendar year commencing 1 January 2010 and each 
subsequent calendar year, each Member State shall record infor­mation for each new passenger car registered in its territory in 
accordance 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 bodies operate in a 
transparent manner. Each Member State shall ensure that the spe­cific emissions of CO
2 of passenger cars which are not type-
approved in accordance with Regulation (EC) No 715/2007 are measured and recorded in the certificate of conformity.
2. By 28 February of each year, commencing in 2011, each 
Member State shall determine and transmit to the Commission 
the information listed in Part B of Annex II in respect of the pre­
ceding 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 by 30 June of 
each year, commencing in 2011, shall provisionally calculate the 
following for each manufacturer: 
(a) the average specific emissions of CO
2 in the preceding cal­
endar year;
(b) the specific emissions target in the preceding calendar year; 
and
(c) the difference between its average specific emissions of CO2 
in the preceding calendar year and its specific emissions tar­get for that year.
The Commission shall notify each manufacturer of its provisional calculation for that manufacturer. The notification shall include 
data for each Member State on the number of new passenger cars 
registered and their specific emissions of CO
2.
The register shall be publicly available.5. Manufacturers may, within three months of being notified 
of the provisional calculation under paragraph 4, notify the Com­mission of any errors in the data, specifying the Member State in which it considers that the error occurred. 
The Commission shall consider any notifications from manufac­
turers and shall, by 31 October, either confirm or amend the pro­visional calculations under paragraph 4. 
6. Where, on the basis of the calculations under paragraph 5, 
in relation to the calendar year 2010 or 2011, it appears to the 
Commission 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 competent authority for the 
collection and communication of the monitoring data in accor­
dance with this Regulation and shall inform the Commission of 
the competent authority designated no later than 8 December 
2009. The Commission shall subsequently inform the European Parliament and the Council thereof.
8. For each calendar year in which Article 6 applies, Member 
States shall provide information to the Commission regarding the 
proportion of filling stations and the sustainability criteria in rela­tion to E85 as referred to in that Article.
9. The Commission may adopt detailed rules on the monitor­
ing and reporting of data under this Article and on the applica­
tion of Annex II in accordance with the regulatory procedure 
referred to in Article 14(2). 
The Commission may amend Annex II in the light of the experi­
ence of the application of this Regulation. Those measures designed to amend non-essential elements of this Regulation shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3). 
Article 9
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 emissions premium on the manufacturer or, in the case of a pool, the pool manager.
2. The excess emissions premium under paragraph 1 shall be 
calculated using the following formulae: (a) From 2012 until 2018:(i) Where the manufacturer’s average specific emissions of 
CO
2 exceed its specific emissions target by more than 
3  g C O2/km:
((Excess emissions – 3 g CO2/km) × 95 €/g CO2/km + 
1  g C O2/km × 25 €/g CO2/ k m  +  1  g  C O2/km × 15 €/g 
CO2/ k m  +  1   g  C O2/km × 5 €/g CO2/km) × number of 
new passenger cars.L 140/8 EN Official Journal of the European Union 5.6.2009
(ii) Where the manufacturer’s average specific emissions of 
CO2 exceed its specific emissions target by more than 
2  g C O2/km but no more than 3 g CO2/km:
((Excess emissions – 2 g CO2/km) × 25 €/g CO2/km + 
1  g C O2/km × 15 €/g CO2/ k m  +  1   g  C O2/km × 5 €/g 
CO2/km) × number of new passenger cars.
(iii) Where the manufacturer’s average specific emissions of CO
2 exceed its specific emissions target by more than 1 
but no more than 2 g CO2/km:
((Excess emissions – 1 g CO2/km) × 15 €/g CO2/km + 
1  g C O2/km × 5 €/g CO2/km) × number of new passen­
ger cars.
(iv) Where the manufacturer’s average specific emissions of CO
2 exceed its specific emissions target by no more than 
1  g C O2/km:
(Excess emissions × 5 €/g CO2/km) × number of new 
passenger cars.
(b) From 2019:
(Excess emissions × 95 €/g CO2/km) × number of new pas­
senger cars.
For the purposes of this Article, ‘excess emissions ’, determined as 
set out in Article 4, means the positive number of grams per kilo­
metre by which the manufacturer’s average specific emissions — taking into account CO
2 emissions reductions due to approved 
innovative technologies — exceeded its specific emissions target in the calendar year rounded to the nearest three decimal places; and ‘number of new passenger cars’  means the number of new 
passenger cars of which it is the manufacturer and which were registered in that year according to the phase-in criteria 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-essential elements of this 
Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3). 
4. The amounts of the excess emissions premium shall be con­
sidered as revenue for the general budget of the European Union.
Article 10
Publication of performance of manufacturers
1. By 31 October of each year, commencing in 2011, the 
Commission shall publish a list indicating for each manufacturer: (a) its specific emissions target for the preceding calendar year;(b) its average specific emissions of CO
2 in the preceding calen­
dar year;
(c) the difference between its average specific emissions of CO2 
in the preceding calendar year and its specific emissions tar­
get in that year;
(d) the average specific emissions of CO2 for all new passenger 
cars in the Community in the previous calendar year; and
(e) the average mass for all new passenger cars in the Commu­nity in the preceding calendar year.
2. From the 31 October 2013, the list published under para­
graph 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 11
Derogations for certain manufacturers
1. An application for a derogation from the specific emissions 
target calculated in accordance with Annex I may be made by a manufacturer which is responsible for fewer than 10 000 new 
passenger cars 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 manufacturers that is respon­
sible in total for fewer than 10 000 new passenger cars reg­
istered 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 shall be made to the Commission and shall include: 
(a) the name of, 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 manufactures 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 economic and technological poten­tial to reduce its specific emissions of CO
2 and taking into 
account the characteristics of the market for the type of car manufactured.(1)5.6.2009 EN Official Journal of the European Union L 140/9
3. Where the Commission considers that the manufacturer is 
eligible for a derogation applied for under paragraph 1 and is sat­
isfied 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 characteristics of the 
market for the type of car manufactured, the Commission shall 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. An application for a derogation from the specific emissions 
target calculated in accordance with Annex I may be made by a 
manufacturer which is responsible, together with all of its con­nected undertakings, for between 10 000 and  300 000 new pas­
senger cars registered in the Community per calendar year.
Such application may be made by a manufacturer in respect of 
itself or in respect of itself together with any of its connected undertakings. An application shall be made to the Commission and shall include:
(a) all of the information referred to in paragraphs 2(a) and (c) 
including, where relevant, information about any connected undertakings.
(b) a target which is a 25 % reduction on the average specific 
emissions of CO
2 in 2007 or, where a single application is 
made in respect of a number of connected undertakings, a 25 % reduction on the average of those undertakings’ aver­age specific emissions of CO
2 in 2007.
Where information on a manufacturer’s average specific emis­sions of CO
2 does not exist for the year 2007, the Commission 
shall determine an equivalent reduction target based upon the best available CO
2 emissions reduction technologies deployed in 
passenger cars of comparable mass and taking into account the characteristics of the market for the type of car manufactured. This target shall be used by the applicant for the purposes of point (b).
The Commission shall grant a derogation to the manufacturer 
where it is demonstrated that the criteria for the derogation referred to in this paragraph have been met.
5. A manufacturer which is subject to a derogation in accor­
dance with this Article shall notify the Commission immediately 
of any change which affects or may affect its eligibility for a derogation.
6. Where the Commission considers, whether on the basis of 
a notification under paragraph 5 or otherwise, that a manufac­
turer 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 manufacturer thereof.
7. Where the manufacturer does not attain its specific emis­
sions target, the Commission shall impose the excess emissions 
premium on the manufacturer, as set out in Article 9.8. The Commission may adopt detailed provisions for the 
implementation of paragraphs 1 to 7, inter alia, on the interpre­tation of the eligibility criteria for derogations, on 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-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3). 
9. Applications for a derogation, including the information 
supporting it, notifications under paragraph 5, revocations under 
paragraph 6 and any imposition of an excess emissions premium under paragraph  7 and measures adopted pursuant to para­graph 8, shall be made publicly available, subject to Regulation (EC) No 1049/2001 of the European Parliament and of the Coun­cil of 30 May 2001  regarding public access to European Parlia­
ment, Council and Commission documents
(1) OJ L 145, 31.5.2001, p. 43..
Article 12
Eco-innovation
1. Upon application by a supplier or a manufacturer, CO2 sav­
ings achieved through the use of innovative technologies shall be considered. The total contribution of those technologies to reduc­ing the specific emissions target of a manufacturer may be up to 7 g CO
2/km.
2. The Commission shall, by 2010, adopt detailed provisions 
for a procedure to approve such innovative technologies in accor­dance with the regulatory procedure referred to in Article 14(2). Those detailed provisions shall be based on the following criteria 
for 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 make a verified contribu­
tion to CO2 reduction;
(c) the innovative technologies must not be covered by the stan­dard test cycle CO
2 measurement or by mandatory provi­
sions due to complementary additional measures complying with the 10 g CO
2/km reduction referred to in Article 1 or 
be mandatory under other provisions of Community law.
3. A supplier or a manufacturer who applies for a measure to 
be approved as an innovative technology shall submit a report, including a verification report undertaken by an independent and 
certified body, to the Commission. In the event of a possible inter­
action of the measure with another innovative technology already approved, the report shall mention that interaction and the veri­fication report shall evaluate to what extent that interaction modi­fies the reduction achieved by each measure.(1)L 140/10 EN Official Journal of the European Union 5.6.2009
4. The Commission shall attest the reduction achieved on the 
basis of the criteria set out in paragraph 2.
Article 13
Review and report
1. In 2010, the Commission shall submit a report to the Euro­
pean Parliament and to the Council reviewing the progress made 
towards implementation of the Community’s integrated approach to reducing CO
2 emissions from light-duty vehicles.
2. By 31 October 2014, and every three years thereafter, mea­
sures shall be adopted to amend Annex I to adjust the figure M0, 
referred to therein, to the average mass of new passenger cars in the previous three calendar years.
Those measures shall take effect for the first time on 1 January 
2016 and every three years thereafter.Those measures, designed to amend non-essential elements of this 
Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).
3. From 2012, the Commission shall carry out an impact 
assessment in order to review by 2014, as provided for in 
Article 14(3) of Regulation (EC) No 715/2007, the procedures for 
measuring CO
2 emissions as set out under that Regulation. The 
Commission shall, in particular, make appropriate proposals to 
adapt those procedures to reflect adequately the real CO2 emis­
sions behaviour of cars and to include the approved innovative technologies as defined in Article 12 that could be reflected in the test cycle. The Commission shall ensure that those procedures are subsequently reviewed on a regular basis. 
From the date of application of the revised procedure for the mea­
suring of CO
2 emissions, innovative technologies shall no longer 
be approved under the procedure set out in Article 12. 
4. By 2010, the Commission shall review Directive 
2007/46/EC so that each type/variant/version corresponds to a 
unique set of innovative technologies.
5. By 1 January 2013, the Commission shall complete a review 
of the specific emissions targets in Annex I and of the derogations 
in Article 11, with the aim of defining:
—the modalities for reaching, by the year 2020, a long-term 
target of 95 g CO2/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 industry 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 competition, and which is socially equitable and sustainable.
6. The Commission shall by 2014, following an impact assess­
ment, publish a report on the availability of data on footprint and 
its use as a utility parameter for determining specific emissions targets and, if appropriate, submit a proposal to the European Par­liament and to the Council to amend Annex I.
7. 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-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3). 
Article 14
Committee procedure
1. The Commission shall be assisted by the committee estab­
lished by Article 9 of Decision No 280/2004/EC
(1) Decision No 280/2004/EC of the European Parliament and of the
Council of 11 February 2004 concerning a mechanism for monitor­
ing Community greenhouse gas emissions and for implementing the
Kyoto Protocol (OJ L 49, 19.2.2004, p. 1)..
2. Where reference is made to this paragraph, 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 
regard to the provisions of Article 8 thereof.
Article 15
Repeal
Decision No 1753/2000/EC shall be repealed with effect from1 January 2010.
However, Articles 4, 9 and 10 of that Decision shall continue to 
apply until the Commission has submitted a report on monitor­ing data for the calendar year 2009 to the European Parliament.5.6.2009 EN Official Journal of the European Union L 140/11
Article 16
Entry into force
This Regulation shall enter into force on the third day following its publication in the Official Journal of the Euro­
pean Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 23 April 2009.
For the European Parliament
The President
H.-G. PÖTTERINGFor the Council
The President
P. NEČASL 140/12 EN Official Journal of the European Union 5.6.2009
ANNEX I
SPECIFIC EMISSIONS TARGETS
1. The specific emissions of CO2 for each new passenger car, measured in grams per kilometre, shall, for the purposes of 
the calculations in this Annex, be determined in accordance with the following formulae: 
(a) From 2012 to 2015:Specific emissions of CO
2 =  1 3 0  +  a  ×  ( M  –  M0)
Where:M=mass of the vehicle in kilograms (kg)
M
0=1 372,0
a=0,0457
(b) From 2016:Specific emission of CO
2 =  1 3 0  +  a  ×  ( M  –  M0)
Where:M=mass of the vehicle in kilograms (kg)
M
0=the value adopted pursuant to Article 13(2)
a=0,0457
2. The specific emissions target for a manufacturer in a calendar year shall be calculated as the average of the specific emis­
sions of CO2 of each new passenger car registered in that calendar year of which it is the manufacturer. 5.6.2009 EN Official Journal of the European Union L 140/13
ANNEX II
MONITORING AND REPORTING EMISSIONS
PART A — Collection of data on new passenger cars and determination of CO2 monitoring information
1. For the calendar year commencing 1 January 2010 and each subsequent calendar year, Member States shall record the 
following details for each new passenger car registered in its territory:
(a) the manufacturer;
(b) its type, variant and version;
(c) its specific emissions of CO2 (g/km);
(d) its mass (kg);
(e) its wheel base (mm); and
(f) its track width (mm).
2. The details referred to in point 1 shall be taken from the certificate of conformity for the relevant passenger car. Where 
the certificate of conformity specifies both a minimum and a maximum mass for a passenger car, Member States shall use only the maximum figure for the purposes of this Regulation. In the case of bi-fuelled vehicles (petrol/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 January 2010 and each subsequent calendar year, each Member State shall deter­
mine, in accordance with the methods described in Part B, for each manufacturer:
(a) the total number of new passenger cars registered in its territory;
(b) the average specific emissions of CO2, as specified in point 2 of Part B of this Annex;
(c) the average mass, as specified in point 3 of Part B of this Annex;
(d) for each version of each variant of each type of new passenger car:(i) the total number of new passenger cars registered in its territory, as specified in point 1 of Part B of this Annex;
(ii) the specific emissions of CO
2 and the share of emissions reduction as a result of innovative technologie s  i n  
accordance with Article 12 or alternative-fuel vehicles in accordance with Article 6;
(iii) the mass;
(iv) the footprint of the car, as specified in point 5 of Part B of this Annex.
P A R T  B  —  M ethodology for determining CO2 monitoring information for new passenger cars
Monitoring information which Member States are required to determine in accordance with point 3 of Part A shall be 
determined in accordance with the methodology in this Part.
1. Number of new passenger cars registered (N) 
Member States shall determine the number of new passenger cars registered within their territory in the respective moni­
toring year (N). L 140/14 EN Official Journal of the European Union 5.6.2009
2. Average specific emissions of CO2 of new passenger cars (Save) 
The average specific emissions of CO2 of all new passenger cars newly registered in a Member State’s territory in the 
monitoring year (Save) is calculated by dividing the sum of the specific emissions of CO2 of each individual new passen­
ger car (S) by the number of new passenger cars (N). 
Save = (1/N)  ×  Σ  S  
3. Average mass of new passenger cars 
The average mass of all new passenger cars registered in a Member State’s territory in the monitoring year (Mave) is cal­
culated 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  
4. The distribution by version of new passenger cars For each version of each variant 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. 
5. Footprint 
The footprint of the car shall be calculated by multiplying the wheelbase of the car by the track width of the car. 
PART C — Format for the transmission of data
For each year, Member States shall report the data described in point 3 of Part A for each manufacturer in the following 
formats:
Aggregated data:
Year:
ManufacturerTotal number 
of new passenger 
cars registeredAverage specific 
emissions of CO2 
(g/km)Average mass (kg) Average footprint (m2)
(Manufacturer 1) … … … …
(Manufacturer 2) … … … …
… ……… …
Total all manufacturers … … … …5.6.2009 EN Official Journal of the European Union L 140/15Detailed data at manufacturer level:
Year Manufacturer Type of car Variant VersionInnovative 
technology  (*) 
or group of 
innovative 
technologies, 
or alternative-
fuel vehicle (**)MakeCommercial 
nameTotal new 
registrationsSpecific 
emissions 
of CO2
(g/km)Mass
(kg)Foot-print
(m2)Emissions 
reduction 
through 
innovative 
technologies  (*) 
or 
alternative-fuel 
capability  (**)
Year 1 (Name of manu­
facturer 1)(name of type 1) (name of variant 1) (name of 
version 1)……………… …
Year 1 (Name of manu­
facturer 1)(name of type 1) (name of variant 1) (name of 
version 2)……………… …
Year 1 (Name of manu­
facturer 1)(name of type 1) (name of variant 2) (name of 
version 1)……………… …
Year 1 (Name of manu­
facturer 1)(name of type 1) (name of variant 2) (name of 
version 2)……………… …
Year 1 (Name of manu­
facturer 1)(name of type 2) (name of variant 1) (name of 
version 1)……………… …
Year 1 (Name of manu­
facturer 1)(name of type 2) (name of variant 1) (name of 
version 2)……………… …
Year 1 (Name of manu­
facturer 1)(name of type 2) (name of variant 2) (name of 
version 1)……………… …
Year 1 (Name of manu­
facturer 1)(name of type 2) (name of variant 2) (name of 
version 2)……………… …
Year 1 (Name of manu­
facturer 1)… … … ……………… …
Year 1 (Name of manu­
facturer 1)… ……………… …
Year 1 (Name of manu­
facturer 1)… … ……………… …
Year 1 (Name of manu­
facturer 1)… ……………… …
Year 1 (Name of manu­
facturer 1)… … … ……………… …
(*)In accordance with Article 12. 
(**)In accordance with Article 6.