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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 EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, 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 performance standards for new passenger cars registered in the 

Community, which forms part of the Community’s integrated approach to reducing CO2 emissions from lightduty 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 December 1993

(

3)  OJ L 33, 7.2.1994, p. 11.

, requires all parties to formulate and implement national and, where appropriate, regional 

programmes containing measures to mitigate climate 

change. In this respect, the Commission proposed in January 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 CO2 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.
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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 monitor the average specific emissions of CO2 from new passenger 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 CO2 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 CO2/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 

CO2/km by 2009. These commitments were recognised by 

Commission Recommendation 1999/125/EC of 5  February 1999 on the reduction of CO2 emissions from passenger 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 Commission 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 parallel Communications: a Communication setting out the 

results of the review of the Community Strategy to reduce 

CO2 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 CO2/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 

CO2/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 CO2 to reach an objective of 130 g 

CO2/km for the average new car fleet by means of improvements in vehicle motor technology. Consistent with the 

approach under the voluntary commitments adopted by 

manufacturers, this covers those elements that are taken 

into account in the measurement of the CO2 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 necessary, 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 budget of the European Union to promote the development of 

technologies intended to reduce radically CO2 emissions 

from road vehicles.

(12) In order to maintain the diversity of the car market and its 

ability to cater for different consumer needs, CO2 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 evaluations 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.
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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 therefore 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 CO2 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 framework 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 complying 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 M1 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 CO2 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 CO2 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 CO2 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 implementing and amending Regulation (EC) No 715/2007 of the European

Parliament and of the Council 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 (OJ L 199, 28.7.2008, p. 1).

. The resulting CO2 emission values should be entered in the certificate 

of conformity of the vehicle in order to enable their inclusion 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 nondiscriminatory basis. An agreement to form a pool should 

not exceed five years but may be renewed. Where manufacturers 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.
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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 Community 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 reporting 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 reference 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 CO2 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 CO2 from passenger cars, the premium 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 CO2. Since those 

measures are of general scope and are designed to amend 

non-essential elements of this Regulation, inter alia, by 

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 

CO2 emissions performance requirements for new passenger 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 Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In 

accordance with the principle of proportionality, as set out 

in that Article, this Regulation does not go beyond what is 

necessary in order to achieve that objective,

HAVE ADOPTED THIS REGULATION:

Article  1

Subject matter and objectives

This Regulation establishes CO2 emissions performance requirements for new passenger cars in order to ensure the proper functioning of the internal market and to achieve
5.6.2009 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 Regulation sets the average CO2 emissions for new passenger cars at 

130 g CO2/km, by means of improvement in vehicle motor technology, as measured in accordance with Regulation (EC) 

No  715/2007 and its implementing measures and innovative 

technologies.

From 2020 onwards, this Regulation sets a target of 95 g CO2/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 Community’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 definitions shall apply: 

(a) ‘average specific emissions of CO2’ 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 CO2’ means the CO2 emissions of a passenger car measured in accordance with Regulation (EC) 

No 715/2007 and specified as the CO2 mass emissions (combined) in the certificate of conformity. For passenger cars 

which are not type-approved in accordance with Regulation 

(EC) No  715/2007, ‘specific emissions of CO2’ means the 

CO2 emissions measured in accordance with the same measurement procedure as specified for passenger cars in Regulation (EC) No 692/2008, or in accordance with procedures 

adopted by the Commission to establish the CO2 emissions 

for such passenger cars;

(g) ‘specific emissions target’ means, in relation to a manufacturer, 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 undertakings. 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 subsequent calendar year, each manufacturer of passenger cars shall 

ensure that its average specific emissions of CO2 do not exceed its 

specific emissions target determined in accordance with Annex I
L 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 specific emissions of CO2, the following percentages of each manufacturer’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 CO2, 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 CO2 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 recognition 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 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 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 obligations under point (b).

3. Where the proposed pool manager fails to meet the requirement 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 status, 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 provided 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 CO2;

(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 CO2 of passenger cars which are not typeapproved 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 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 by 30 June of 

each year, commencing in 2011, shall provisionally calculate the 

following for each manufacturer: 

(a) the average specific emissions of CO2 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 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 CO2.

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 manufacturers 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 

CO2 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 accordance 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 monitoring and reporting of data under this Article and on the application 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 experience 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 CO2 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 

CO2 exceed its specific emissions target by more than 

3 g CO2/km:

((Excess emissions – 3 g CO2/km) × 95  €/g CO2/km + 

1 g CO2/km × 25 €/g CO2/km + 1 g CO2/km × 15 €/g 

CO2/km + 1 g CO2/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 CO2/km but no more than 3 g CO2/km:

((Excess emissions – 2 g CO2/km) × 25 €/g CO2/km + 

1 g CO2/km × 15 €/g CO2/km + 1 g CO2/km × 5 €/g 

CO2/km) × number of new passenger cars.

(iii) Where the manufacturer’s average specific emissions of 

CO2 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 CO2/km × 5 €/g CO2/km) × number of new passenger cars.

(iv) Where the manufacturer’s average specific emissions of 

CO2 exceed its specific emissions target by no more than 

1 g CO2/km:

(Excess emissions × 5 €/g CO2/km) × number of new 

passenger cars.

(b) From 2019:

(Excess emissions × 95 €/g CO2/km) × number of new passenger cars.

For the purposes of this Article, ‘excess emissions’, determined as 

set out in Article 4, means the positive number of grams per kilometre by which the manufacturer’s average specific emissions — 

taking into account CO2 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 considered 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 CO2 in the preceding calendar year;

(c) the difference between its average specific emissions of CO2 

in the preceding calendar year and its specific emissions target 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 paragraph 1 shall also indicate whether or not the manufacturer has 

complied with the requirements of Article 4 in respect of the preceding calendar year.

Article  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 responsible in total for fewer than 10 000 new passenger cars 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 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 CO2 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 CO2 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 satisfied 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 CO2, 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 passenger 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 CO2 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 CO2 in 2007.

Where information on a manufacturer’s average specific emissions of CO2 does not exist for the year 2007, the Commission 

shall determine an equivalent reduction target based upon the 

best available CO2 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 accordance 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 manufacturer 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 emissions 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 CO2. 

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 Parliament, 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 savings 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 CO2/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 

CO2 savings achieved through the use of the innovative 

technologies;

(b) the innovative technologies must make a verified contribution to CO2 reduction;

(c) the innovative technologies must not be covered by the standard test cycle CO2 measurement or by mandatory provisions due to complementary additional measures complying 

with the 10 g CO2/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 interaction 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 European Parliament and to the Council reviewing the progress made 

towards implementation of the Community’s integrated approach 

to reducing CO2 emissions from light-duty vehicles.

2. By 31 October 2014, and every three years thereafter, measures 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 CO2 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 emissions 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 measuring of CO2 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 assessment, 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 CO2 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 established 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 monitoring 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 from

1 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 European 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. PÖTTERING

For the Council

The President

P. NEČAS
L 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 CO2 = 130 + a × (M – M0)

Where:

M = mass of the vehicle in kilograms (kg)

M0 = 1 372,0

a = 0,0457

(b) From 2016:

Specific emission of CO2 = 130 + a × (M – M0)

Where:

M = mass of the vehicle in kilograms (kg)

M0 = 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 emissions 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 CO2 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 determine, 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 CO2 and the share of emissions reduction as a result of innovative technologies in 

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.

PART B — Methodology 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 monitoring 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 passenger 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 calculated by dividing the sum of the mass of each individual new passenger car (M) by the number of new passenger 

cars (N). 

Mave = (1/N) × Σ M 

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 CO2 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:

Manufacturer

Total number 

of new passenger 

cars registered

Average specific 

emissions of CO2 

(g/km)

Average mass (kg) Average footprint (m2

)

(Manufacturer 1) ... ... ... ...

(Manufacturer 2) ... ... ... ...

... ... ... ... ...

Total all manufacturers ... ... ... ...
Detailed data at manufacturer level: Year Manufacturer Type of car Variant Version Innovative technology (*) or group of innovative technologies, or alternative- fuel vehicle (**) Make Commercial name Total new registrations Specific emissions of CO2 (g/km) 

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.