# C_2017218EN.01000101.xml

| 7.7.2017 | EN | Official Journal of the European Union | C 218/1 |
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7.7.2017

EN

Official Journal of the European Union

C 218/1

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COMMISSION NOTICE

Guidance on the monitoring and reporting of data on the registration of new light duty vehicles

(2017/C 218/01)

| DISCLAIMER

  This guidance notice is intended to facilitate the collection, submission and assessment of CO2 monitoring data for light duty vehicles by indicating the Commission’s interpretation of the relevant provisions of Regulations (EC) No 443/2009 and (EU) No 510/2011 of the European Parliament and of the Council. While this note seeks to assist authorities and operators, only the Court of Justice of the European Union is competent to authoritatively interpret Union legislation. |
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DISCLAIMER

This guidance notice is intended to facilitate the collection, submission and assessment of CO2 monitoring data for light duty vehicles by indicating the Commission’s interpretation of the relevant provisions of Regulations (EC) No 443/2009 and (EU) No 510/2011 of the European Parliament and of the Council. While this note seeks to assist authorities and operators, only the Court of Justice of the European Union is competent to authoritatively interpret Union legislation.

This guidance notice is intended to facilitate the collection, submission and assessment of CO2

1.   INTRODUCTION

INTRODUCTION

According to Article 8 of Regulation (EC) No 443/2009 of the European Parliament and of the Council (1) and Article 8 of Regulation (EU) No 510/2011 of the European Parliament and of the Council (2) as part of the Union’s integrated approach to reduce CO2 emissions from light-duty vehicles, Member States must every year record and transmit certain data on new passenger cars and new light commercial vehicles to the Commission. That data will be the basis for determining the average specific emissions of CO2 and the specific emissions target for manufacturers of new passenger cars and new light commercial vehicles and will also serve for the assessment of whether manufacturers comply with those targets. Commission Regulation (EU) No 1014/2010 (3) and Commission Regulation (EU) No 293/2012 (4) is to ensure the consistency of the data to be transmitted by the Member States by setting out rules on the collection and reporting of that data.

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The Commission published a Communication in 2010 (5) in order to facilitate the collection, submission and assessment of the required data when applying Regulation (EC) No 443/2009 and to provide guidance to Member States on the data to be provided and the format to be used as well as the calculation methodology used. The present Commission Notice updates Communication COM(2010) 657 final taking account of:

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| — | Regulation (EU) No 333/2014 of the European Parliament and of the Council (6); |
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Regulation (EU) No 333/2014 of the European Parliament and of the Council (6);

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| — | Regulation (EU) No 510/2011 as amended by Regulation (EU) No 253/2014 (7) to define the modalities for reaching the 2020 target to reduce CO2 emissions from new light commercial vehicles; |
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Regulation (EU) No 510/2011 as amended by Regulation (EU) No 253/2014 (7) to define the modalities for reaching the 2020 target to reduce CO2 emissions from new light commercial vehicles;

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| — | The correlation methodology for the introduction of the World-wide harmonized Light vehicles Test Procedure (WLTP) as set out in Commission Implementing Regulation (EU) 2017/1153 (8) as well as Commission Implementing Regulation (EU) 2017/1152 (9). |
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The correlation methodology for the introduction of the World-wide harmonized Light vehicles Test Procedure (WLTP) as set out in Commission Implementing Regulation (EU) 2017/1153 (8) as well as Commission Implementing Regulation (EU) 2017/1152 (9).

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The modalities for reaching the 2020 target to reduce CO2 emissions from new passenger cars, the emission performance standards for new light commercial vehicles and the introduction of WLTP affect data reporting and the methodology used to calculate the average specific emissions of CO2 and the specific emissions target of manufacturers of light duty vehicles. From 1 September 2017 the new regulatory test procedure for measuring CO2 emissions and fuel consumption from light duty vehicles WLTP set out in Commission Regulation (EU) 2017/1151 (10), will gradually replace the New European Test Cycle (NEDC), which is currently used pursuant to Commission Regulation (EC) No 692/2008 (11).

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With the introduction of the WLTP more realistic and robust fuel consumption and CO2 emission data will be available which is key for the further implementation of a low emission mobility strategy as called for in the recommendation by the European Parliament following the inquiry into emission measurements in the automotive sector. Taking account of the relevant changes and with a view to contributing to an effective implementation of the low emission mobility Strategy adopted by the Commission in July 2016 (12), this Commission Notice aims to facilitate the collection, submission and assessment of the data by providing guidance to Member States on the data to be provided and the format to be used and by providing clarity to manufacturers on the calculation methodology used to assess their compliance with their specific emissions target. Further guidance may be provided on an ad hoc basis.

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2.   DATA

DATA

2.1.   Data sources

Data sources

Until the full introduction of WLTP in 2018, the main data sources to be used by the Member States to collect the monitoring data are the certificates of conformity or, where that source is not used for the purpose of registering a vehicle, the type approval documentation. As the type approval documentation may contain ranges of values, it is necessary that the Member State ensures that the data retrieved from the type approval documentation is in agreement with the data resulting from the certificate of conformity.

With the introduction of WLTP, a specific CO2 emission value will be calculated and recorded only in the certificate of conformity of each individual vehicle. In order to effectively monitor and verify those values, it will be necessary to use vehicle identification numbers (VIN) as the basis for the monitoring also for new passenger cars (as is already the case for new light commercial vehicles). As a consequence, the certificates of conformity will be the only data source for collecting and reporting WLTP based CO2 monitoring from 2018 onwards (VIN data may be provided on a voluntary basis already for 2017 when WLTP will be phased in).

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It should be noted that the processing of the VIN will not in accordance with Article 9a(2) of Regulation (EU) No 1014/2010 include the processing of any personal data that could be linked to those numbers or any other data that could permit the linking of vehicle identification numbers with personal data.

2.2.   List of manufacturers

List of manufacturers

Data, as specified in the relevant legislation and as explained below, has to be monitored and recorded in relation to each manufacturer with new vehicle registrations in the Union. Each manufacturer has to meet specific emissions target under Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011. As a result, it is important that each manufacturer is clearly identified (13). In order to harmonize the identification of the relevant manufacturers, a common list of manufacturers' names has been established and is updated annually (14). Member States are to use that list as a basis for reporting as specified in Article 8(2) of Regulation (EU) No 1014/2010 and in Article 9(2) of Regulation (EU) No 293/2012 together with the VINs. As Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011 apply to manufacturers from inside and outside the EU, no differentiation according to the location of the manufacturer can be accepted. However, in accordance with Article 7 of Regulation (EU) No 1014/2010 and with Article 8 of Regulation (EU) No 293/2012, an exception is to be made where vehicles are not covered by EC type-approval but are subject to national type-approval of small series or to individual approval. In those cases, Member States instead of using the manufacturers' names they are to use the denominations referred to in that Article, i.e. ‘AA-IVA’ for vehicle types approved individually and ‘AA-NSS’ for vehicle types approved nationally in small series.

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2.3.   Data requirements

Data requirements

According to Article 8(2) of Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011 the competent authorities in the Member States must report all data as specified in Annex II to these Regulations. Should any relevant data be missing in the source used as a basis for registration, the competent authorities should request manufacturers to complete the dataset. The competent authorities are responsible for ensuring that all relevant data is present at the time of registration and delivered to the Commission and the European Environment Agency (EEA) by the deadline as further specified in section 2.4. In the case of vehicles subject to national type approval of small series or individual type approval, only the number of registrations is required; the other information can be submitted on a voluntary basis.

As Member States are responsible for ensuring the maintenance, collection, control, verification and transmission of the monitoring data as referred to in Article 4 of Regulation (EU) No 1014/2010 and Regulation (EU) No 293/2012, it is expected that national authorities exercise due diligence in ensuring that the data delivered to the Commission is as accurate as possible.

With the introduction of WLTP, new data requirements arise. Due to the required extensive adaptations of vehicle registration and CO2 monitoring systems, Member States may gradually introduce the new monitoring parameters in 2017 with the complete new dataset being mandatory from 2018. The 2017 data to be reported in 2018 should include as a minimum the data required for target compliance purposes and for preventing abuse of the correlation procedure. The data requirements will be phased in as follows and will be mandatory from 2017 and 2018 respectively:

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| — | from 2017, i.e. dataset to be delivered in 2018, the following additional data requirements will be mandatory:






  — | Verification factor (where available (15)) |
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from 2017, i.e. dataset to be delivered in 2018, the following additional data requirements will be mandatory:

from 2017

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Verification factor (where available (15))

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| — | Deviation factor De (where available (16)) |
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Deviation factor De (where available (16))

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| — | from 2018, i.e. dataset to be delivered in 2019, the following additional data requirements will be mandatory:






  — | Specific emissions of CO2 (WLTP) |
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from 2018, i.e. dataset to be delivered in 2019, the following additional data requirements will be mandatory:

from 2018

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Specific emissions of CO2 (WLTP)

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| — | Total WLTP CO2 emissions savings due to the eco-innovation(s) |
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Total WLTP CO2 emissions savings due to the eco-innovation(s)

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| — | Vehicle identification number |
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Vehicle identification number

| — | WLTP test mass |
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WLTP test mass

| — | Category of the vehicle registered (17) |
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Category of the vehicle registered (17)

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| — | Vehicle family identification number. |
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Vehicle family identification number.

3.   DATA TRANSMISSION

DATA TRANSMISSION

In order to ensure timely and efficient communication between the competent authorities, manufacturers and the Commission, it is advisable that the competent authorities, designated in accordance with Article 8(7) of Regulation (EC) No 443/2009 (18) and responsible for the transmission of the data, appoint at least two officials as contact points and inform the Commission of their names and contact details. The officials should subscribe to the Central Data Repository of the EEA’s European Environment Information and Observation Network (Eionet) (19).

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According to Article 2 of Regulation (EU) 1014/2010 the Member State is to notify the Commission when the data has been uploaded to the Central Data Repository. For that purpose the Member State is advised to send an e-mail to the Commission's functional mailbox EC-CO2-LDV-IMPLEMENTATION@ec.europa.eu with copy to the EEA functional mailbox CO2-monitoring@eea.europa.eu. The data will be kept in a database that will be managed for the Commission by the EEA. The provisional and final datasets, as notified to the manufacturers, will be made accessible to the public via the Internet.

Member States are to validate and send the complete set of data by 28 February of each calendar year in accordance with Article 8(2) of Regulation (EC) 443/2009 and Regulation (EU) 510/2011.

3.1.   Format

Format

The data should be transmitted using two separate .xml files, one for the aggregate data and one for the detailed data as specified in Annex II to Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011. Further specifications of the .xml files are provided in the guidelines published on CIRCABC (20).

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3.2.   Verification

Verification

Data and .xml coding can be independently verified by each Member State. However a lay-out in the form of a text file will be placed on the CIRCABC website (21) and Member States are strongly encouraged to used it for quality assurance before sending the data for the respective reporting year.

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4.   CALCULATION METHODOLOGY

CALCULATION METHODOLOGY

The calculation of manufacturers' performance is described below with particular attention on the year 2020 when the phase-in provision and super-credit regime (for cars) and the eco-innovation savings (for cars and vans) will be applicable. Although the calculation methodology makes specific reference to the provisions of Regulation (EC) No 443/2009 for new passenger cars, the same approach should be followed under Regulation (EU) No 510/2011 for new light commercial vehicles taking account of the specific provisions therein. A concrete example on how the methodology is applied is provided in the Annex.

4.1.   Average specific emissions

Average specific emissions

In order to take into account the phase-in percentage (95 %) set out in Article 4 of Regulation (EC) No 443/2009 for the calculation of the average specific emissions of CO2 for manufacturers in 2020, including manufacturers referred to in Article 11(1) and Article 11(4) of that Regulation, it is necessary to select the vehicles according to their specific emissions of CO2. Only 95 % of the newly registered vehicles, those with the lowest emissions, will be selected for the calculation of the average specific emissions.

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The specific emissions of CO2 should, where applicable, be the emissions reduced by the eco-innovation savings approved by the Commission pursuant to Article 12 and Commission Implementing Regulation (EU) No 725/2011 (22). According to Article 12(1) the total contribution of eco-innovation savings to reducing the average specific emissions of a manufacturer may be up to 7 g CO2/km each year. Any eco-innovation savings above this threshold will not be taken into account.

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In calculating the average specific emissions of CO2 of a manufacturer in the period from 2020 to 2022 account should also be taken of vehicles falling within the category specified in Article 5a of Regulation (EC) No 443/2009 subject to a cap of 7,5 g CO2/km over that period for each manufacturer.

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More precisely, when determining the specific emissions for the purpose of calculating the average specific emissions of CO2 for a manufacturer, the Commission will apply the relevant provisions of Regulation (EC) No 443/2009 in the following order:

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Selection of vehicles for the calculation of the average specific emissions of CO2 (in view of the phase-in provision in 2020)

Selection of vehicles for the calculation of the average specific emissions of CO2

| (a) | Article 12: deduct the eco-innovation savings specified in the certificates of conformity in accordance with Commission Implementing Regulation (EU) No 725/2011 from the specific emissions; |
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(a)

Article 12: deduct the eco-innovation savings specified in the certificates of conformity in accordance with Commission Implementing Regulation (EU) No 725/2011 from the specific emissions;

| (b) | Article 4: sort the registrations of new passenger cars by their emissions of CO2 as determined in point (a) in increasing order and include in the calculation of the average specific emissions of CO2 95 % of all registered vehicles with the lowest emissions; |
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(b)

Article 4: sort the registrations of new passenger cars by their emissions of CO2 as determined in point (a) in increasing order and include in the calculation of the average specific emissions of CO2 95 % of all registered vehicles with the lowest emissions;

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Calculation of the average specific emissions of CO2

Calculation of the average specific emissions of CO2

| (c) | Article 4: calculate the average specific emissions of CO2 for all vehicles selected according to point (b) without considering the provisions on super-credits in Article 5a or eco-innovations in Article 12; |
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(c)

Article 4: calculate the average specific emissions of CO2 for all vehicles selected according to point (b) without considering the provisions on super-credits in Article 5a or eco-innovations in Article 12;

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| (d) | Article 5a: for the calendar years 2020, 2021, and 2022 and for those cars having specific emissions of CO2 less than 50 g CO2/km, based on measured NEDC CO2 values, multiply the specific emission of CO2 by the relevant factor set out in Article 5a of Regulation (EC) No 443/2009; |
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(d)

Article 5a: for the calendar years 2020, 2021, and 2022 and for those cars having specific emissions of CO2 less than 50 g CO2/km, based on measured NEDC CO2 values, multiply the specific emission of CO2 by the relevant factor set out in Article 5a of Regulation (EC) No 443/2009;

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| (e) | Article 5a: for the calendar years 2020, 2021, and 2022 and for those cars having specific emissions of CO2 less than 50 g CO2/km, multiply the CO2 emission savings from eco-innovations by the relevant factor set out in Article 5a; |
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(e)

Article 5a: for the calendar years 2020, 2021, and 2022 and for those cars having specific emissions of CO2 less than 50 g CO2/km, multiply the CO2 emission savings from eco-innovations by the relevant factor set out in Article 5a;

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| (f) | Article 12(1): determine eco-innovation savings using the following formula:

  Where






  eii | is eco-innovation savings of each registration (vehicles not fitted with eco-innovations should be considered having 0 g CO2/km savings); |
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| rsc, i | is the number of registration(s) multiplied, if applicable, by the super-credit factor according to Article 5a; |
| N | is the number of registrations selected in accordance with point (b) for which the manufacturer is responsible. |

(f)

Article 12(1): determine eco-innovation savings using the following formula:

Where

eii

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is eco-innovation savings of each registration (vehicles not fitted with eco-innovations should be considered having 0 g CO2/km savings);

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rsc, i

sc, i

is the number of registration(s) multiplied, if applicable, by the super-credit factor according to Article 5a;

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is the number of registrations selected in accordance with point (b) for which the manufacturer is responsible.

If the eco-innovation savings exceed 7 g CO2/km, the savings must be limited to that value as provided for in Article 12(1);

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| (g) | Article 5a: determine the super-credit savings using the following formula:

  Where






  CO2,∅ | is the average emissions of CO2 for all selected vehicles without considering eco-innovations and super-credits calculated in accordance with point (c); |
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| ei | is the specific emissions of CO2; |
| rsc,i | is the number of registration(s) multiplied, if applicable, by the super-credit factor according to Article 5a; |
| N | is the number of registrations selected in accordance with point (b) for which the manufacturer is responsible. |

(g)

Article 5a: determine the super-credit savings using the following formula:

Where

CO2,∅

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is the average emissions of CO2 for all selected vehicles without considering eco-innovations and super-credits calculated in accordance with point (c);

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ei

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is the specific emissions of CO2;

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rsc,i

sc,i

is the number of registration(s) multiplied, if applicable, by the super-credit factor according to Article 5a;

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is the number of registrations selected in accordance with point (b) for which the manufacturer is responsible.

Where the super-credit savings exceed the 7,5 g CO2/km cap referred to in Article 5a, second paragraph, the savings must be limited to that value. If the super-credit savings in one year are below 7,5 g CO2/km, the remaining super-credit cap will be taken into account in the subsequent year(s);

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| (h) | Calculate the average specific emissions of CO2 taking account of point (c), (f), and (g). |
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(h)

Calculate the average specific emissions of CO2 taking account of point (c), (f), and (g).

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4.2.   Specific emissions target

Specific emissions target

When calculating the average mass for the purpose of determining the specific emissions target using the formula in Annex I for manufacturers, the Commission will take into account the mass of all vehicles without applying the provisions in Article 4 and Article 5 of Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011 concerning the phase-in and super-credits.

A manufacturer which, together with all of its connected undertakings, is responsible for fewer than 1 000 new registrations in the Union may be exempt from meeting a specific emissions target pursuant to Article 2(4) of Regulation (EC) No 443/2009 and Regulation (EU) 510/2011. The criteria for being considered a connected undertaking in that sense are set out in Article 3(2) of these Regulations. However, if a manufacturer has applied for and been granted a derogation target pursuant to Article 11 of Regulation (EC) No 443/2009 after 8 April 2014 or pursuant to Article 11 of Regulation (EU) No 510/2011 after 1 March 2014, the manufacturer will be subject to the obligation to meet that derogation target, independently of whether the number of new registered vehicles in the Union a manufacturer is responsible for is lower than 1 000.

5.   POOLING

POOLING

5.1.   Pools

Pools

According to Article 7 of Regulation (EC) No 443/2009 and Regulation (EU) 510/2011 manufacturers may form pools. There are two types of pools specified in paragraphs 5 and 6 of Article 7. Article 7(5) refers to open pools that are formed by manufacturers that are not connected undertakings. These pools are open to any other manufacturer wishing to enter the pool if the conditions under Article 7(5) are met.

Pools that are formed by manufacturers belonging to a group of connected undertakings can be referred to as closed pools and fall under Article 7(6).

Manufacturers that wish to form a pool must pursuant to Article 7 of Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011 should demonstrate that they fulfil the conditions for forming a closed pool by submitting the relevant supporting information together with a completed pooling declaration to the Commission's functional mailbox EC-CO2-LDV-IMPLEMENTATION@ec.europa.eu

The Commission will consider the year in which a pool was notified as the first year in which the pooling arrangement is applicable. In case the manufacturers decide to dissolve the pool before the date indicated in the notification or any of the conditions for forming a pool under Article 7 are not met anymore, the Commission must be notified and the pool will cease to exist as of the following calendar year.

5.2.   Pool performance

Pool performance

Pools are formed ‘for the purpose of meeting their obligations under Article 4’ according to Article 7(1) and a pool ‘shall be considered as one manufacturer for the purposes of meeting their obligations under Article 4’ according to Article 7(7) of Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011. For the calculation of the pool performance a pool is therefore treated as if it was a single manufacturer. The selection of vehicles under the phase-in provision as well as the calculation of the average specific emissions of CO2 and the specific emissions target will follow the same order as outlined in section 4.

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In the case of changes to existing pools during the period from 2020 to 2022 super-credit savings from which pool members benefitted in the previous pool(s) will be taken into account when determining the remaining super-credit cap for the pool(s) in the subsequent year(s).

6.   TRANSITION FROM NEDC TO WLTP

TRANSITION FROM NEDC TO WLTP

Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011 are based on the emissions measured on the NEDC. This is why, as a result of the introduction of WLTP, those Regulations need to be adjusted to WLTP whilst ensuring that the stringency of the reduction requirements remains comparable to those determined by reference to the emissions measured on NEDC. This section sets out how the specific emissions target and the super-credit cap (for cars) are translated into WLTP values and how eco-innovation savings are adjusted to WLTP values.

6.1.   Selection of CO2 emissions

Selection of CO2

For the monitoring data for calendar years 2017 to 2020 inclusive, the average specific emissions of a manufacturer are to be calculated based on NEDC CO2 emission values in order to determine the manufacturer's compliance with its specific emissions target. With effect from 1 January 2021 the average specific emissions are to be calculated based on WLTP CO2 emission values in order to determine the manufacturer's compliance with its specific emissions target. For calendar years 2019 and 2020 the average specific emissions based on WLTP CO2 values are to be calculated for each manufacturer for information purposes only.

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6.2.   Translation of the specific emissions target

Translation of the specific emissions target

A manufacturer's specific emission target will be determined based on WLTP emission measurements from 2021. In order to set that target a comparison will be made between the manufacturer's compliance with its NEDC based target in 2020 and its average WLTP emissions in that year. Those average WLTP emissions will be used as a reference value to be either increased or decreased in order to determine a WLTP reference target, e.g. if a manufacturer's average NEDC emissions are lower than its NEDC based target in 2020 the WLTP reference target will be higher than the reference value, or if the manufacturer exceeds its NEDC based target, the reference value will be decreased, i.e. the new WLTP reference target will be lower than the reference value. In order to ensure that the WLTP based specific emission targets remain comparable over time, account will also be taken of annual changes in the average mass of the manufacturer's fleet.

The formulae for calculating the WLTP reference target and the subsequent specific emissions targets are set out in Annex I to Regulation (EC) No 443/2009, as amended by Commission Delegated Regulation (EU) [.../...] (23), and Regulation (EU) No 510/2011, as amended by Commission Delegated Regulation (EU) [.../...] (24).

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6.3.   Translation of the super-credit cap

Translation of the super-credit cap

Super-credits, i.e. incentivising low emitting vehicles by counting them as more than one vehicle for the purpose of determining the average specific emissions of a manufacturer, will be available in 2020 to 2022 as provided for in Article 5a of Regulation (EC) No 443/2009. In 2020 only NEDC CO2 emission values will be needed to implement this modality, however, in order to continue to benefit from super-credits also in the years 2021 and 2022 manufacturers need to ensure that the vehicles registered in those years have both NEDC and WLTP CO2 emission values recorded in their certificates of conformity.

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For 2021 and 2022 this means the following:

| — | The NEDC CO2 emission value will be needed to determine whether a vehicle is eligible for super credits, i.e. the NEDC emissions of a super-credit vehicle must be less than 50 g CO2/km; |
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The NEDC CO2 emission value will be needed to determine whether a vehicle is eligible for super credits, i.e. the NEDC emissions of a super-credit vehicle must be less than 50 g CO2/km;

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| — | The WLTP CO2 emission value will be needed to calculate the super-credit effect for the purpose of determining the average specific emissions of the manufacturer in 2021 and 2022. |
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The WLTP CO2 emission value will be needed to calculate the super-credit effect for the purpose of determining the average specific emissions of the manufacturer in 2021 and 2022.

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Article 5a of Regulation (EC) No 443/2009 also caps the super-credits at 7,5 g CO2/km that may be used during the period 2020 to 2022. It is likely that part of the cap is used in 2020, i.e. under NEDC conditions, while the remainder should be available for 2021 and 2022. Article 5 of Implementing Regulation (EU) 2017/1153 provides a methodology for recalculating the remaining cap WLTP CO2 emissions in 2021 and 2022. The remaining cap will then be used for the calculation specified in point (g) of section 4.1 of this Notice.

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6.4.   Adjustment of eco-innovation CO2 savings

Adjustment of eco-innovation CO2

According to Article 6 of Implementing Regulation (EU) 2017/1153 (passenger cars) and Article 5 of Implementing Regulation (EU) 2017/1152 (light commercial vehicles), with effect from 1 January 2021, only CO2 savings due to eco-innovations, within the meaning of Article 12 of Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011, that are not covered by WLTP are to be taken into account for the calculation of the average specific emissions of a manufacturer. For calendar years 2021, 2022, and 2023 the eco-innovation savings, as calculated under point (f) of section 4.1 of this Notice, will be adjusted in accordance with Article 6 of Implementing Regulation (EU) 2017/1153 (passenger cars) and Article 5 of Implementing Regulation (EU) 2017/1152 (light commercial vehicles). From calendar year 2024 eco-innovation savings will be taken into account for the calculation of the specific average emissions without adjustment.

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6.5.   Determination and correction of NEDC CO2 values for the calculation of the specific average emissions

Determination and correction of NEDC CO2

The correlation procedures set out in Implementing Regulation (EU) 2017/1153 (passenger cars) and Implementing Regulation (EU) 2017/1152 (light commercial vehicles) (‘Correlation Regulations’) include the use of a vehicle simulation tool (‘the correlation tool’) to replace physical vehicle testing. There is a risk that the correlation tool delivers CO2 emission values that are unrealistically low. The Regulations therefore provides for a correction mechanism to ensure that such situations are not abused.

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In accordance with point 3.2.8 of Annex I to Correlation Regulations a Deviation (De) factor and a Verification factor are in specific cases to be determined by the type approval authority/technical service and entered in the Type Approval Certificate (see the appendix to the addendum to the Type Approval Certificate set out in Appendix 4 to Annex I to the WLTP Regulation) and be recorded in entry 49 of the Certificate of Conformity by the manufacturer.

The De and Verification factors are to be monitored by Member States from 2017.

A De factor is to be determined and recorded in the following cases:

| — | a physical vehicle test is performed as a result of a random selection in accordance with point 3.2.6 of Annex I to the Correlation Regulations (the random selection results from the correlation tool output); |
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—

a physical vehicle test is performed as a result of a random selection in accordance with point 3.2.6 of Annex I to the Correlation Regulations (the random selection results from the correlation tool output);

| — | a physical vehicle test is performed as a result of a specific request by the type approval authority in accordance with point 3.2.7 of Annex I to the Correlation Regulations; |
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—

a physical vehicle test is performed as a result of a specific request by the type approval authority in accordance with point 3.2.7 of Annex I to the Correlation Regulations;

A Verification factor is to be determined and recorded in the following case:

| — | a deviation in the input data is found and confirmed following a verification by the type approval authority as a result of a physical vehicle test (point 3.2.8). |
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—

a deviation in the input data is found and confirmed following a verification by the type approval authority as a result of a physical vehicle test (point 3.2.8).

In all other cases, the respective entries for the De and Verification factors in the type approval certificate and certificate of conformity are to be left empty.

If the De factor exceeds 0,04, or if the Verification factor is 1, the average specific emissions of the manufacturer concerned are to be corrected in accordance with Article 7 of the Correlation Regulations.

The Verification factor shall be set to 0 when the input data is verified and confirmed to be valid or if the deviation in the input data is to the detriment of the manufacturer.

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(1)  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 (OJ L 140, 5.6.2009, p. 1).

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(2)  Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 145, 31.5.2011, p. 1).

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(3)  Commission Regulation (EU) No 1014/2010 of 10 November 2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 293, 11.11.2010, p. 15).

3

(4)  Commission Implementing Regulation (EU) No 293/2012 of 3 April 2012 on monitoring and reporting of data on the registration of new light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (OJ L 98, 4.4.2012, p. 1).

4

(5)  Communication from the Commission on the monitoring and reporting of data on the registration of new passenger cars, COM(2010) 657 final.

5

(6)  Regulation (EU) No 333/2014 of the European Parliament and of the Council of 11 March 2014 amending Regulation (EC) No 443/2009 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new passenger cars (OJ L 103, 5.4.2014, p. 15).

6

2

(7)  Regulation (EU) No 253/2014 of the European Parliament and of the Council of 26 February 2014 amending Regulation (EU) No 510/2011 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new light commercial vehicles (OJ L 84, 20.3.2014, p. 38).

7

2

(8)  Commission Implementing Regulation (EU) 2017/1153 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure and amending Regulation (EU) No 1014/2010 (OJ L 175, 7.7.2017, p. 679).

8

(9)  Commission Implementing Regulation (EU) 2017/1152 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure with regard to light commercial vehicles and amending Implementing Regulation (EU) No 293/2012 (OJ L 175, 7.7.2017, p. 644).

9

(10)  Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing 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, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).

10

(11)  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).

11

(12)  COM(2016) 501 final.

12

(13)  Entry 0,5 in the CoC; Article 3(1)(c) of Regulation (EC) No 443/2009/EC and Article 3(1)(f) of Regulation (EU) No 510/2011: ‘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.’

13

(14)  https://circabc.europa.eu/sd/a/00e8fe6c-3ad8-4e9f-9a39-437501f609a4/Manufacturer_list.xls

14

(15)  This data parameter is not available for all vehicles, for more details see section 6.5 of this Notice.

15

(16)  COM(2016) 501 final.

16

(17)  It will be mandatory for cars as from 2018, it is already mandatory for vans.

17

(18)  Article 8(8) of Regulation (EU) No 510/2011 stipulates that the same competent authority are to be responsible for the collection and communication of the monitoring data for light commercial vehicles.

18

(19)  http://cdr.eionet.europa.eu/

19

(20)  http://circa.europa.eu/Members/irc/env/gge_ldv/library

20

(21)  http://circa.europa.eu/Members/irc/env/gge_ldv/library

21

(22)  Commission Implementing Regulation (EU) No 725/2011 of 25 July 2011 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council Text with EEA relevance (OJ L 194, 26.7.2011, p. 19).

22

2

(23)  Not yet published in the Official Journal.

23

(24)  Not yet published in the Official Journal.

24

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ANNEX

Example

The following example illustrates how the calculation methodology as set out in section 4 is applied in 2020 to a car manufacturer (or pool) with 7 registrations in total:

| A | B | C | D | E | F | G |
| --- | --- | --- | --- | --- | --- | --- |
| Number of registrations | Specific emission of CO2 (g/km) | Specific emission of CO2 minus eco-innovation savings (g/km) | CO2 emission savings from innovative technologies (g/km) | Super-credit multiplier in 2020 | Specific emission of CO2 multiplied by super-credit factor (g/km) | Eco-innovation multiplied by super-credit factor (g/km) |
| 1 | 20 | 10 | 10 | 2 | 40 | 20 |
| 1 | 45 | 30 | 15 | 2 | 90 | 30 |
| 1 | 45 | 35 | 10 | 2 | 90 | 20 |
| 1 | 100 | 90 | 10 | 1 | 100 | 10 |
| 1 | 102 | 102 | 0 | 1 | 102 | 0 |
| 1 | 105 | 105 | 0 | 1 | 105 | 0 |
| 1 | 120 | 110 | 10 | 1 | | |

A

B

C

D

E

F

G

Number of registrations

Specific emission of CO2 (g/km)

Specific emission of CO2 minus eco-innovation savings (g/km)

CO2 emission savings from innovative technologies (g/km)

Super-credit multiplier in 2020

Specific emission of CO2 multiplied by super-credit factor (g/km)

Eco-innovation multiplied by super-credit factor (g/km)

1

20

10

10

2

40

20

1

45

30

15

2

90

30

1

45

35

10

2

90

20

1

100

90

10

1

100

10

1

102

102

0

1

102

0

1

105

105

0

1

105

0

1

120

110

10

1

The above-explained order is applied as follows:

Selection of vehicles taking account of 95 % phase-in:

Point (a) is reflected in column C

Point (b) is the calculation of the 95 % phase-in in 2020:

7*0,95 = 6 (the integer value is used)

The first 6 registrations (highlighted in grey) will be considered for the subsequent calculations.

Calculation of average specific emissions:

Point (c) is the calculation of the average specific emissions of CO2 for all vehicles selected according to point (a) without considering emission reductions resulting from the provisions on super-credits or eco-innovations:

(1*20 + 1*45 + 1*45 + 1*100 + 1*102 + 1*105) / (1 + 1 + 1 + 1 + 1 + 1) = 417/6 = 69,500 g CO2/km

Point (d) is reflected in column F

Point (e) is reflected in column G

Point (f) is the calculation of the eco-innovation savings for the manufacturer:

(1*10*2 + 1*15*2 + 1*10*2 + 1*10 + 1*0 + 1*0) / (1*2 + 1*2 + 1*2 + 1 + 1 + 1) = 80/9 = 8,889 g CO2/km

Since the eco-innovation savings exceed the value set out in Article 12(1), the eco-innovation savings to be considered are equal to the cap of 7 g CO2/km.

Point (g) is the calculation of the super-credit savings for the manufacturer:

69,500 - [(1*20*2 + 1*45*2 + 1*45*2 + 1*100 + 1*102 + 1*105) / (1*2 + 1*2 + 1*2 + 1 + 1 + 1)] = 69,500 - 527/9 = 10,944 gCO2/km

Since the super-credit savings exceed the cap of 7,5 g CO2/km, the super-credit savings to be considered are equal to the cap of 7,5 g CO2/km.

No further super-credit effect will be considered in subsequent years for this manufacturer.

Point (h) is the calculation of the average specific emissions of CO2 taking into account the eligible eco-innovation and super-credit savings calculated under point (f) and (g):

69,500 – 7,5 – 7 = 55,000 g CO2/km

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