**12277/10 SJC/fp 1 DG I 1A**  

## EN COUNCIL OF THE EUROPEAN UNION Brussels, 15 July 2010

12277/10

ENV 495 ENT 90

COVER NOTE **from: European Commission date of receipt: 8 July 2010**  **to: General Secretariat of the Council Subject: Draft Commission Regulation (EU) No .../.. of [...] laying down detail**  **ed**

**provisions for the application for a derogation from the specific CO2 emission targets pursuant to Article 11 of Regulation (EC) No 443/2009** 

**Delegations will find attached Commission document D009978/02.**

**________________________**

**Encl. : D009978/02** 

# EN EN EUROPEAN COMMISSION

**Brussels, 10.6.2010 COM(2010) XXX final**  **D009978/02**

**Draft**
COMMISSION REGULATION (EU) No .../..

of [...]
laying down detailed provisions for the application for a derogation from th e specific CO2 emission targets pursuant to Article 11 of Regulation (EC) No 443/2009
(Text with EEA relevance)

# EN **2** 

# EN **Draft**
COMMISSION REGULATION (EU) No .../..

of
laying down detailed provisions for the application for a derogation from t he specific CO 2 emission targets pursuant to Article 11 of Regulation (EC) No 443/2009
(Text with EEA relevance)

**THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union,**  **Having regard to Regulation (EC) No 443/2009 of the European Parliame nt and of the**  **Council of 23 April 2009 setting emission performance standards for n ew passenger cars as**  **part of the Community's integrated approach to reduce CO 2**  **emissions from light-duty vehicles**  **1 , and in particular Article 11(8) thereof,** 
**Whereas: (1)**  **According to Article 11 of Regulation (EC) No 443/2009 small-volume a nd niche**  **manufacturers may apply for alternative emissions reduction targe ts relating to the**  **reduction potential of a given manufacturer's vehicles to reduce thei r specific**  **emissions of CO 2,**  **and consistent with the characteristics of the market for the t ypes of**  **cars concerned. (2)**  **In determining the small-volume manufacturer's reduction potential, t he applicant's**  **economic and technological potential should be assessed. For that pur pose the**  **applicant should provide detailed information on its economic activi ties as well as**  **information on CO 2**  **reducing technologies used in the cars. The information requested include data that is readily available to the applicant and should**  **not entail an additional administrative burden.**  **(3) To provide consistency between the reduction target requested from sm**  **all-volume and niche manufacturers, and in order to avoid putting at a disadvantage the**  **small-volume manufacturers that decreased their average specific CO**  **2 emissions prior to 2012, the**  **specific CO 2**  **emission targets for those manufacturers should be compared to their**  **baseline average specific CO 2**  **emissions in 2007. Where this data does not exist the target should be compared to the average specific CO**  **2 emissions in the following**  **calendar year closest to 2007. (4)**  **In order to take into account the limited product offer of some sma ll-volume**  **manufacturers and resulting limited scope for distribution of the reduction effort over** 

**1 OJ L 140, 5.6.2009, p. 1.** 

# EN **3** 

# EN

**the fleet, the applicants should be allowed to choose between a s ingle yearly specific**  **emission target for the period of derogation or different yearly targets, resulting in**  **reduction from the 2007 baseline at the end of the derogation period.**
**(5) Article 11(4) of Regulation (EC) No 443/2009 allows certain niche ma**  **nufacturers to benefit from an alternative specific emissions target whi**  **ch is 25 % lower than their average specific emissions of CO**  **2 in 2007. An equivalent specific emissions target**  **based on the best available CO 2**  **-reducing technologies in 2007 should be determined where information on a manufacturer's average specific emiss**  **ions of CO 2**  **does not exist for the year 2007. The ratio of maximum power to vehicle ma**  **ss should be used to distinguish different market characteristics for cars of**  **a given mass for the purpose of identifying the best available CO**  **2 emissions reduction technologies.**  **(6) In order to provide small-volume and niche manufacturers with a cl**  **ear baseline to be used for setting the specific emissions targets, a list of**  **manufacturers and their average specific CO**  **2 emissions in the Union in 2007 has been drawn up following a form**  **al consultation with the Member States and the main stakeholders, includi**  **ng the associations of European (ACEA), Japanese (JAMA) and Korean**  **(KAMA) car manufacturers, and European Association of Small Volume Manufacturers (ESCA**  **).**
**(7) Certain information contained in the application for derogation should be**  **exempted from public access where disclosure of this information would unde**  **rmine the protection of commercial interest, in particular information on t**  **he manufacturer's product planning, expected costs and impacts on the profitability**  **of the company. The decisions granting derogations will be published by the Commission on the Int**  **ernet. (8)**  **The measures provided for in this Regulation are in accordance wit h the opinion of the**  **Climate Change Committee established by Article 9 of Decis ion No 280/2004/EC of**  **the European Parliament and of the Council 2** 
**, HAS ADOPTED THIS REGULATION:** 

Article 1 Subject matter **This Regulation specifies the information to be provided by manuf acturers for the purpose of**  **demonstrating that the conditions for a derogation pursuant to Article 11(1) or 11(4) of**  **Regulation (EC) No 443/2009 are satisfied.**

Article 2 Definitions **In addition to the definitions set out in Articles 2 and 3 of Regula tion (EC) No 443/2009, the**  **following definitions shall apply: (a) 'applicant' means a manufacturer within the meaning of Ar**  **ticle 11(1) or 11(4) of Regulation (EC) 443/2009;** 

**2 OJ L 49, 19.2.2004, p. 1.** 

# EN **4** 

# EN

**(b) 'vehicle characteristics' means the features of the ve hicle, including mass, its**  **specific CO 2**  **emissions, the number of seats, engine performance, power to mass ratio and top speed;**  **(c) 'characteristics of the market' means information on vehicl e characteristics, and**  **names and price ranges of cars directly competing with the ve hicles for which**  **a derogation is sought; (d) 'own production facility' means a manufacturing or assembly**  **plant used solely by the applicant for the purpose of manufacturing or assembling**  **new passenger cars exclusively for that manufacturer, including, where rele**  **vant, passenger cars which are intended for export;**  **(e) 'own design centre' means a facility in which the whole ve hicle is designed and**  **developed, and which is under the control and exclusive use of the applicant.**

Article 3 Application for a derogation pursuant to Article 11(1) and (4) of Regulation ( EC) No 443/2009
**1. An application for a derogation pursuant to Article 11(1) of Regulation**  **(EC) No 443/2009 shall be submitted by the applicant in accordance with the f**  **ormat specified in Annex I to this Regulation, and shall include the information set out in Article**  **4(1) and Article 5 of this Regulation.** 
**2. An application for a derogation pursuant to Article 11(4) of Regulation**  **(EC) No 443/2009 shall be submitted by the applicant in accordance with the f**  **ormat specified in Annex II to this Regulation, and shall include the information set ou**  **t in Article 4(2) and Article 6 of this Regulation.** 

Article 4 Information on eligibility criteria
**1. The applicant shall provide the following information on the eligibility cr**  **iteria: (a) information on the ownership structure of the manufacturer or**  **group of connected manufacturers, together with the relevant declaration set**  **out in Annex III;**  **(b) for the manufacturer applying for a derogation pursuant to Ar ticle 11(1) of**  **Regulation (EC) No 443/2009, or the group of connected manufacturers i n**  **accordance with point (b) of Article 11(1) of that Regulation, or f or the**  **member of a group of connected manufacturers in accordance with point (c) of**  **Article 11(1) of that Regulation, the number of passenger cars of ficially**  **registered in the Union in the three calendar years preceding t he date of**  **application, or where such data is not available, one of the following:**

**– an estimate based on verifiable data of the number of cars r**  **egistered in the period referred to in point (b) for which the applicant is responsible**  **;**

# EN **5** 

# EN **– if no cars were registered in the period referred to in point**  **(b), the number of cars registered in the last calendar year for which**  **such data is available.**  **2. An applicant applying for a derogation pursuant to Article 11(4) of Regulation (EC)**  **No 443/2009 shall provide the data referred to in point (b) of paragraph 1 of this**  **Article only for the calendar year preceding the date of applicat ion.** 

Article 5 Specific emissions target and reduction potential pursuant to Article 11(2) o f Regulation (EC) No 443/2009 **1. The applicant shall provide the average specific CO 2**  **emissions of its passenger cars registered in 2007, unless the average specific CO**  **2 emissions for that year are listed**  **in Annex IV to this Regulation. Where this information is not availa ble, the applicant**  **shall provide the average specific CO 2**  **emissions of its passenger cars registered in the following calendar year closest to 2007.**  **2. The applicant shall provide the following information on its activity: (a)**  **for the calendar year preceding the date of application, the num ber of**  **employees and the size of the production facility in square meters; (b)**  **the operational model of the production facility specifying whic h design and**  **production activities are performed by the applicant or outsourced; (c)**  **in the case of a connected undertaking, if the technology is shared by the**  **manufacturers, and which activities are outsourced; (d)**  **for five calendar years preceding the date of application, t he sales volumes,**  **yearly turnover, net profit, and R&D spending, and in the case of a connected**  **undertaking, the net transfers to the parent company; (e)**  **the characteristics of their market; (f)**  **the price list for all versions of cars to be covered by the derogation in the**  **calendar year preceding the date of application, and the expect ed price list for**  **the cars planned to be launched and to be covered by the derogation. When an application is submitted by a manufacturer responsible**  **for more than 100 cars per year, the information referred to in point (d) shall**  **be accompanied by the official certified accounts, or shall be certified by an independent auditor.**  **3. The applicant shall provide the following information on its technological pote ntial:**  **(a) the list of CO 2**  **reducing technologies used in its passenger cars deployed on the market in 2007 or, where those data are not available, for the followin**  **g year closest to 2007, or in case of manufacturers planning to enter the market, for**  **the year in which the derogation starts to apply;** 

# EN **6** 

# EN

**(b) the list of CO 2**  **reducing technologies used in its passenger cars under the reduct ion**  **programme and the additional costs of these technologies for each vehi cle version**  **covered by the application. 4. The applicant shall in accordance with its reduction potential**  **propose a specific emissions target for the period of the derogation. The applicant**  **may also propose yearly specific emissions targets.**  **The specific emissions target or yearly specific emissi ons targets shall be determined**  **so that the average specific emissions at the expiry of the derogation period are**  **reduced in comparison to the average specific emissions of CO 2**  **referred to in paragraph 1.**  **5. The specific emissions target or yearly specific emis sions targets proposed by the**  **applicant in accordance with point (d) of Article 11(2) of Regul ation (EC) No**  **443/2009 shall be accompanied by a programme of reduction for the ne w fleet's**  **specific CO 2**  **emissions. The reduction programme shall specify the following:**  **(a) the timetable for introduction of CO 2**  **reducing technologies in the applicant's fleet;**  **(b) the estimated Union registrations per year for the period of the derogation and**  **the expected average specific emissions of CO 2**  **and average mass; (c) in the case of yearly specific emissions targets, year**  **ly improvement of specific CO**  **2 emissions of the vehicle versions for which CO**  **2 reducing technologies are**  **introduced. 6. The applicant's compliance with a specific emissions targe**  **t or yearly specific emissions targets shall be assessed in accordance with Art**  **icle 9 of Regulation (EC) No 443/2009 each year during the derogation period.** 

Article 6 Reduction target for a derogation pursuant to Article 11(4) of Regulation (EC) No 443/2009 **1. The applicant shall provide the average specific CO 2**  **emissions of its passenger cars registered in 2007, unless the average specific CO**  **2 emissions for that year are listed**  **in Annex IV to this Regulation. 2. The reduction target determined in accordance with Article 11(4)**  **of Regulation (EC) No 443/2009 shall apply in relation to the baseline average specifi**  **c CO 2**  **emissions as set out in paragraph 1.**  **3. Where information on a manufacturer's average specific CO 2**  **emissions in 2007 does not exist, the applicant shall provide information on the vehicle char**  **acteristics for all types of cars manufactured by him as well as the number of ca**  **rs manufactured by the applicant that the applicant expects to be registered in the**  **Union in the first year of the derogation. The applicant shall indicate for all variants of**  **cars to which of the vehicle classes specified in the table in Annex V the variant belongs.** 

# EN **7** 

# EN

**4. The specific emissions target shall be calculated annually based on the 25%**  **reduction from the baseline for each vehicle class set out in Annex V.**

Article 7 Assessment by the Commission **1. Where the Commission has raised no objections within nine months of official**  **receipt of a complete application pursuant to Article 11(1) or Article 11(4) of**  **Regulation (EC) No 443/2009 the relevant conditions for applying the derogat ion**  **shall be deemed to be satisfied. If the Commission finds that the application is**  **incomplete, additional information may be requested. Where the additi onal**  **information is not submitted within the time period specified in the request, the**  **Commission may reject the application. In the case of a rejection due to the incompleteness of the appl**  **ication or due to the Commission finding the proposed specific emissions target inconsis**  **tent with the applicant's reduction potential, the applicant may submit a com**  **pleted or revised application for a derogation.**  **2. Applications shall be sent in printed and electronic versions and be addressed to the**  **Secretariat General of the European Commission, 1049 Brussels, Bel gium, marked**  **"Derogation under Regulation (EC) No 443/2009". The electronic version s hall be**  **also sent to the functional mailbox specified in Annex I. 3. Where information contained in the application is found to be incorrect**  **or inaccurate, the decision to grant a derogation shall be revoked.** 

Article 8 Public access to information **1. An applicant that considers that information submitted in the ap plication should not**  **be disclosed in accordance with Article 11(9) of Regulation (EC) No 443/2009 shall**  **indicate this in the application and justify why disclosure would unde rmine the**  **protection of the commercial interests of the applicant, including intellectual**  **property. 2. The exception from the right to public access to documents se**  **t out in Article 4(2) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council**  **3 shall**  **be deemed to apply to the following types of information: (a) details of the reduction programme referred to in Article 5,**  **and in particular details concerning the development of the manufacturer's product portfoli**  **o; (b) expected impacts of CO**  **2 reducing technologies on the production costs,**  **purchase prices of vehicles and profitability of the company.**

**3 OJ L 145, 31.5.2001, p.43.** 

# EN **8** 

# EN Article 9 Entry into force **This Regulation shall enter into force on the twentieth day followi ng that of its publication in**  **the** Official Journal of the European Union. **Done at Brussels, [...]**

For the Commission [...] Member of the Commission

# EN **9** 

# EN ANNEX I Standard format of the application for a derogation to be submitted by manufac turers meeting the criteria of Article 11(1) of Regulation (EC) No 443/2009 **The electronic version of the application shall be sent to the following email addr ess:**  **EC-CO2-LDV-IMPLEMENTATION@ec.europa.eu**

1. N AME , ADDRESS AND CONTACT PERSON FOR THE MANUFACTURER OR GROUP OF

CONNECTED MANUFACTURERS

**Names of manufacturer**  **Postal**

**address Contact** 

**person name Contact** 

**person email Contact person** 

**telephone number**

2. E LIGIBILITY CRITERIA
**2.1. Is the applicant part of a group of connected manufacturers?** 

**YES (declaration set out in Annex III to be attached)**
**NO**
**2.2. Is the applicant part of a group of connected manufacturers b**  **ut operates its own production facilities and design centre?**  **YES (declaration set out in Annex III to be attached; see point 2.3) NO (see point 2.4 and 2.5)** 
**2.3. Number of registrations in the Union if the application refers**  **to an unconnected manufacturer or connected manufacturer that operates its own p**  **roduction facilities and own design centre:** 
**2.3.1. Official figure in three calendar years preceding the date of appl**  **ication**

**Year Number of EU registrations** 
**2.3.2. Where the official figure referred to in point 2.3.1 is not availab**  **le for the period referred to therein, an estimate based on verifiable data** 

**Year Number of EU registrations** 

# EN **10** 

# EN

**2.3.3. Where the figures in point 2.3.1 and 2.3.2 are not available for that per**  **iod, the figures for the last calendar year for which such data is available** 

**Year Number of EU registrations** 
**2.4. If the application refers to a group of connected manufacturer**  **s please provide the following:** 

**Names of manufacturer**  **Postal**

**Address Contact** 

**person name Contact** 

**person email Contact person** 

**telephone number**

**2.5. Number of registrations in the Union of a group of connected manufac**  **turers if the application refers to a group of connected manufacturers and the a**  **pplicant does not operate its own production facilities and own design centre:** 
**2.5.1. Official figure**  **in three calendar years preceding the date of application**

**Year Number of EU registrations** 
**2.5.2. Where the official figure referred to in point 2.5.1 is not availa**  **ble for the period referred to therein, an estimate based on verifiable data** 

**Year Number of EU registrations** 
**2.5.3. Where the figures in point 2.5.1 and 2.5.2 are not available for that pe**  **riod, the figure for the last calendar year for which such data is available** 

**Year Number of EU registrations** 

3. R EQUESTED DURATION OF THE DEROGATION **Number of calendar years (maximum 5)** 

# EN **11** 

# EN

4. P ROPOSAL FOR A SPECIFIC EMISSIONS TARGET CALCULATED AS FLEET AVERAGE

FOR THE PERIOD OF DEROGATION OR SEPARATE SPECIFIC E MISSIONS TARGETS IN CASE OF YEARLY REDUCTIONS (in g CO 2 /km)

**Year**
**Average specific emission target (g CO**  **2 /km)** 

5. C OMPANY SPECIFIC INFORMATION
5.1. **Average specific emissions of CO 2**  **in 2007 if not included in Annex IV (or if not available in the following calendar year closest to 2007)** 
5.2. **Number of employees in the calendar year preceding the date of**  **application**
5.3. **Size of the production facility in square meters in the calenda r year**  **preceding the application**
**5.4. Sales volumes for 5 years preceding the date of application** 

**Year**
**Sales volumes**

**5.5. Yearly turnover for 5 years preceding the date of application** 

**Year**

**Turnover**
**5.6. Characteristics of the market**  **Information on planned products, not available on the market at the time of the appl ication,**  **should be provided in the confidential section of this application. (a)**  **the vehicle characteristics; (b)**  **the names and price ranges of directly competing vehicles in the yea r preceding**  **the date of application; (c)**  **the price list of vehicles that are to be covered by the derog ation in the calendar**  **year preceding the date of application or in the closest year to the date of**  **application.**
**5.7. Brief description of the operational model of the production facility** 

# EN **12** 

# EN C ONFIDENTIAL SECTION OF THE APPLICATION **5.8. Net profit for 5 years preceding the date of application** 

**Year Net profit** 
**5.9. R&D spending over 5 years preceding the date of application** 

**Year R&D spending** 
**5.10. Net financial transfers to the parent company in case of connec**  **ted undertakings during 5 years preceding the date of application** 

**Year**
**Net transfers**

6. D ETAILS OF THE PASSENGER CARS TO BE LAUNCHED ON THE U NION MARKET FOR

WHICH THE APPLICANT WILL BE RESPONSIBLE
6.1. Characteristics of the market
**6.1.1. Vehicle characteristics;** 
**6.1.2. Names and price ranges of directly competing vehicles in the**  **year preceding the date of application;** 
**6.1.3. Expected price list of vehicles to be covered by the derogation.** 

7. A PPLICANT ' S TECHNOLOGICAL POTENTIAL
**7.1. List of CO**  **2 reducing technologies deployed in the applicant's fleet in 2007;** 
**7.2. Where the list referred to in point 7.1 is not available, the l**  **ist for the following year closest to 2007;** 
**7.3. In case of applicants planning to enter the Union market, the list**  **referred to in point 7.1 should be provided for the first year of the derogation.** 

8. A PPLICANT ’ S REDUCTION PROGRAMME
**8.1. Timetable for deployment of CO**  **2 reducing technologies in the fleet;** 
**8.2. Expected fleet average during the period of derogation:** 

# EN **13** 

# EN

**8.2.1. Union registrations per**  **year during the period of derogation** 
**8.2.2. Expected average mass of**  **vehicles to be launched on the Union market** 
**8.2.3. Expected average specific**  **CO 2**  **emissions of vehicles to be launched on the**  **Union market**
**8.3. CO**  **2 reducing technologies to be deployed in the applicant's fleet unde**  **r the reduction programme;** 
**8.4. The additional costs per vehicle version of the technologies to be dep**  **loyed as part of the programme;** 
**8.5. In the case of yearly targets, yearly improvement of specific CO**  **2 emissions of the**  **vehicle versions for which CO 2**  **reducing technologies are introduced.**

# EN **14** 

# EN ANNEX II Standard format of the application for derogation to be submitted by manufac turers meeting the criteria of Article 11(4) of Regulation (EC) No 443/2009

P UBLIC SECTION OF THE APPLICATION

1. N AME , ADDRESS AND CONTACT PERSON FOR THE MANUFACTURER OR GROUP OF

CONNECTED MANUFACTURERS

**Names of manufacturer**  **Postal**

**address Contact** 

**person name Contact** 

**person email Contact person** 

**telephone number**

2 E LIGIBILITY CRITERIA **2.1. Is the applicant part of a group of connected manufacturers?**

**YES (declaration set out in Annex III to be attached; see point 2.3) NO (see point 2.2)**  **2.2. Number of registrations in the Union if the application refer s to unconnected**  **manufacturer: 2.2.1. Official figure in the last calendar year preceding the date of ap**  **plication**

**Year Number of EU registrations**  **2.2.2. Where the official figure referred to in point 2.2.1 is not avail able for the period**  **referred to therein, an estimate based on verifiable data**

**Year Number of EU registrations**  **2.2.3. Where the figures in point 2.2.1 and 2.2.2 are not available for that pe riod, the figure**  **for the last calendar year for which such data is available**

**Year Number of EU registrations**  **2.3. If the application refers to a group of connected manufacturers:**

# EN **15** 

# EN

**2.3.1. The names of connected manufacturers 2.3.2. The number of registrations in the Union in the calendar year pre**  **ceding the date of application of a group of connected manufacturers** 

**Year Number of EU registrations**  **2.3.3. Where the figure referred to in point 2.3.2 is not available, the figure or an estimate**  **based on verifiable data for the last calendar year for which such data is ava ilable** 

**Year Number of EU registrations** 

3. D ETAILS OF THE PASSENGER CARS FOR WHICH THE APPLICANT IS RESPONSIBLE **Information on planned products, not available on the market at the time of the appl ication,**  **should be provided in the confidential section of this application. 3.1. average specific CO**  **2 emissions in 2007 if not included in Annex IV to this**  **Regulation 3.2. if data for 2007 is not available, the following:**  **(a) Registrations in the Union, or an estimate based on verifiable**  **data if official figures not available at the time of application, in the calendar**  **year closest to 2007;**  **(b) The vehicle characteristics for all types of cars;**  **(c) The list of cars grouped per vehicle class as set out in Annex V.** 

4. SPECIFIC EMISSIONS TARGET OF 25% REDUCTION FROM THE 2007 BASELINE

# EN **16** 

# EN C ONFIDENTIAL SECTION OF THE APPLICATION

5. D ETAILS OF THE PASSENGER CARS TO BE LAUNCHED ON THE U NION MARKET BY

THE APPLICANT ( CONCERNS MANUFACTURERS NOT INCLUDED IN A NNEX IV)
**5.1. Vehicle characteristics of all cars 5.2. List of cars grouped per vehicle class as set out in Annex V**  **5.3. Expected EU registrations of vehicles in the first year of the derogat ion** 

# EN **17** 

# EN ANNEX III Standard format of the declaration stating the structure of ownership **Article 11(1)(a) of Regulation (EC) No 443/2009 I hereby declare that I am legally empowered to represent**  **[name] (the manufacturer) applying for a derogation as foreseen in Article 11(1) of Regulation (EC) N**  **o 443/2009 which is not part**  **of a group of connected manufacturers as defined in Article 3(2) t hereof. To the best of my**  **knowledge the [name] (the manufacturer) is eligible to apply for a derogation as foreseen in**  **Article 11(1) of Regulation (EC) N o**  **443/2009 and that the information contained in the application is true and accurate. Information on the ownership struc**  **ture of [name] (the manufacturer) is annexed.**  **Signature Date Director of [manufacturer]**  **Article 11(1)(b) or 11(4)(a) of Regulation (EC) No 443/2009 I hereby declare that I am legally empowered to represent**  **[name] (the manufacturer) applying** **for a derogation as foreseen in Article 11[(1)] [(4)]* of Regulati** **on (EC) N o**  **443/2009 which is part of a group of connected manufacturers as defined in Article**  **3(2) thereof. To the best of my knowledge the [name] (the manufacturer) is eligible to apply**  **for a derogation as foreseen** **in Article 11[(1)] [(4)]* of Regulation (EC) N** **o 443/2009 and that the information contained in**  **the application is true and accurate. Information on the ownership s tructure of [name] (the**  **manufacturer) is annexed. Signature Date**  **Director of [manufacturer]** ***Identify the applicable paragraph. Article 11(1)(c) of Regulation (EC) No 443/2009**  **I hereby declare that I am legally empowered to represent [name] (the manufacturer) applying**  **for a derogation as foreseen in Article 11 of Regulation (EC) N o**  **443/2009 which is part of a group of connected manufacturers as defined in Article 3(2) thereof**  **but operates its own production facilities and design centre as defined in Article 2**  **of Commission Regulation (EC) N**  **oxxxx . To the best of my knowledge the [name] (the manufacturer)**  **is eligible to apply for a derogation as foreseen in Article 11[(1)] of Regulation (EC) N**  **o 443/2009 and that the**  **information contained in the application is true and accurate. Inform ation on the ownership**  **structure of [name] (the manufacturer) is annexed. Signature Date**  **Director of [manufacturer]**
ANNEX IV List of Union average specific CO 2 emissions in 2007 per manufacturer

# EN **18** 

# EN Manufacturer Average emissions [g/km] **AIXAM 164.000**
**ALPINA 219.932**
**AM GENERAL 357.000**
**ASTON MARTIN 377.860**
**AUDI 184.752**
**AUSTIN 450.000**
**AUTOMOBILES DANGEL 153.000**
**AVTOVAZ 216.632**
**BEAUFORD 208.000**
**BENTLEY 411.664**
**BMW 171.684**
**BRABUS 246.000**
**BRONTO 233.000**
**BUGATTI 577.667**
**CATERHAM 236.088**
**CHRYSLER 226.141**
**CITROEN 142.536**
**DACIA 154.650**
**DAIHATSU 153.070**
**DAIMLER 182.524**
**DIAMOND 260.000**
**DONKERVOORT 194.000**
**DR MOTOR COMPANY 193.048**
**FERRARI 434.860**
**FIAT 141.496**
**FORD 149.343**
**FUJI HEAVY INDUSTRIES 219.488**

# EN **19** 

# EN

**GEELY 183.000**
**GENERAL MOTORS 159.604**
**GM DAEWOO 160.071**
**GUMPERT 342.000**
**GWM 253.480**
**HC&E 220.000**
**HONDA 157.613**
**HYUNDAI 162.046**
**ISUZU 176.133**
**IVECO 224.770**
**JAGUAR 208.219**
**KIA 157.239** 
**LAMBORGHINI 424.087**
**LAND ROVER 250.399**
**LOTUS 208.399**
**MAGYAR SUZUKI 156.280**
**MASERATI 354.687**
**MAZDA 172.568**
**MG 186.801** 
**MICHALAK 117.000**
**MICROCAR 178.000**
**MITSUBISHI 174.649**
**MK SPORTSCARS 117.000**
**MORGAN 202.324**
**NETHERLANDS CAR 141.061**
**NISSAN 168.408**
**OPEL 153.699**
**OSV 135.915**

# EN **20** 

# EN

**PERODUA 138.135**
**PEUGEOT 142.205**
**PGO 201.767**
**PILGRIM 193.000**
**PORSCHE 287.710**
**PROTON 155.185 QUADZILLA 176.000**  **QUATTRO 290.774**
**RENAULT 146.893**
**ROLLS ROYCE 394.526**
**ROVER 188.399**
**RUF 327.000**
**SAAB 190.444**
**SALVADOR CAETANO 224.000**
**SANTANA 165.965**
**SEAT 151.184**
**SHUANGHUAN 270.000**
**SKODA 149.387**
**SOVAB 233.822**
**SSANGYONG 223.430**
**SUZUKI 166.012**
**TATA 168.310**
**TIGER 244.000**
**TOYOTA 150.634**
**TVR 397.500**
**UAZ 314.000**
**VM 185.000** 
**VOLKSWAGEN 162.152**

# EN **21** 

# EN

**VOLVO 189.616**
**WIESMANN 310.000**

# EN **22** 

# EN ANNEX V Baseline emissions based on the 2007 best available technology and 25% reduction

target of specific emissions of CO 2 for each vehicle class
vehicle class mass **4**

class power to mass

class baseline emissions

[g/km] CO 2 target

[g/km]
1 **1 low 108 81**
2 **1 medium 118 89**
3 **1 high 153 115**
4 **2 low 119 89**
5 **2 medium 138 104**
6 **2 high 153 115**
7 **3 low 121 91**
8 **3 medium 136 102**
9 **3 high 150 113**
10 **4 low 131 98**
11 **4 medium 144 108**
12 **4 high 162 122**
13 **5 low 147 110**
14 **5 medium 152 114**
15 **5 high 179 134**

**– The mass classes correspond to the following (rounded to the nearest integer):**  Mass class Range [kg] **1 0-1225 kg 2 1226-1375 kg**  **3 1376-1475kg 4 1476-1625kg** 

**4 Mass in running order as defined in Regulation (EC**  **) 443/2009, OJ L 140, 5.6.2009, p. 1**

# EN **23** 

# EN

**5 1626+kg**

**– The power to mass classes correspond to the following (rounded to the nearest inte**  **ger):**
Power to mass class Range [W/kg]

**Low 0-65 W/kg**  **Medium 66-85W/kg High 86+**