# Commission Implementing Decision of 30 October 2013 confirming the average specific emissions of CO2 and specific emissions            targets for manufacturers of passenger cars for the calendar year 2012 pursuant to Regulation (EC) No 443/2009 of the European            Parliament and of the Council (Text with EEA relevance) (2013/632/EU)         

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U.K.

# Commission Implementing Decision

# of 30 October 2013

# confirming the average specific emissions of CO2 and specific emissions targets for manufacturers of passenger cars for the calendar year 2012 pursuant to Regulation (EC)                        No 443/2009 of the European Parliament and of the Council                     

# (Text with EEA relevance)

# (2013/632/EU)

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 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(1), and in particular the second subparagraph of Article 8(5) and Article 10(1) thereof,                        

Whereas:

(1)The Commission is required, pursuant to Article 8(5) of Regulation (EC) No 443/2009, to confirm each year the average specific                              emissions of CO2 and the specific emissions target for each manufacturer of passenger cars in the Union as well as for each pool of manufacturers                              formed in accordance with Article 7(1) of that Regulation. On the basis of that confirmation, the Commission is to determine                              whether manufacturers and pools have complied with the requirements of Article 4 of that Regulation.

(2)Pursuant to Article 4 of Regulation (EC) No 443/2009, the targets are binding on manufacturers and pools with effect from                              2012. The average specific emissions of manufacturers for 2012 are calculated in accordance with the second paragraph of that                              Article and take into account 65 % of the manufacturer’s new cars registered in that year.

(3)The detailed data to be used for the calculation of the average specific emissions and the specific emissions targets is set                              out in point 1 of Part A and in Part C of Annex II to Regulation (EC) No 443/2009 and is based on Member States’ registrations                              of new passenger cars during the preceding calendar year. The data is taken from the certificates of conformity issued by                              the manufacturers or from documents providing equivalent information in accordance with Article 3(1) of Commission Regulation                              (EU) No 1014/2010(2).

(4)All Member States submitted the data for 2012 to the Commission by the deadline of 28 February 2013 in accordance with Article                              8(2) of Regulation (EC) No 443/2009. Where, as a result of the verification of the data by the Commission, it was evident                              that certain data were missing or manifestly incorrect, the Commission contacted the Member States concerned and, subject                              to the agreement of those Member States, adjusted or completed the data accordingly. Where no agreement could be reached with                              a Member State, the provisional data of that Member State was not adjusted.

(5)On 30 April 2013, the Commission published the provisional data and notified 85 manufacturers of the provisional calculations                              of their average specific emissions of CO2 in 2012 and their specific emissions targets in accordance with Article 8(4) of Regulation (EC) No 443/2009. Manufacturers                              were asked to verify the data and to notify the Commission of any errors within three months of receipt of the notification                              in accordance with the first subparagraph of Article 8(5) of that Regulation and Article 9(3) of Regulation (EU) No 1014/2010.                              Eight manufacturers accepted the preliminary data without corrections whilst 40 manufacturers submitted notifications of errors                              within the given deadline.

(6)For the remaining 37 manufacturers that did not notify any errors in the datasets or respond otherwise, the provisional data                              and provisional calculations of the average specific emissions and the specific emissions targets should be confirmed without                              adjustments.

(7)The Commission has verified the corrections notified by the manufacturers and the respective justifications as expressed through                              the error codes specified in Article 9(3) of Regulation (EU) No 1014/2010 and the dataset has been adjusted as appropriate.

(8)In the case of records that have been identified by manufacturers with the error code B as set out in Article 9(3) of Regulation                              (EU) No 1014/2010, it is necessary to take into account the fact that manufacturers cannot verify or correct those records                              appropriately due to missing or incorrect identification parameters. Accordingly, an error margin should be applied to the                              CO2 emission and mass values in those records.

(9)The error margin should be calculated as the difference between the distances to the specific emissions target expressed as                              the average emissions subtracted from the specific emissions targets calculated including and excluding those registrations                              that cannot be verified by the manufacturers. Regardless of whether that difference is positive or negative, the error margin                              should always improve the distance to the target of the manufacturer.

(10)In accordance with Article 10(2) of Regulation (EC) No 443/2009, a manufacturer should be considered as compliant with its                              specific emission target referred to in Article 4 of that Regulation where the average emissions indicated in this Decision                              are lower than the specific emissions target, expressed as a negative distance to target. Where the average emissions exceed                              the specific emissions target, an excess emission premium should be imposed in accordance with Article 9 of Regulation (EC)                              No 443/2009, unless the manufacturer concerned benefits from an exemption from that target or is a member of a pool in accordance                              with Article 7 of that Regulation and the pool complies with its specific emissions target.

(11)The average specific emissions of CO2 from new passenger cars registered in 2012, the specific emissions targets and the difference between those two values should                              be confirmed accordingly,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The following values specified in the Annex are confirmed for each manufacturer of passenger cars and for each pool of manufacturers                     in respect of the 2012 calendar year:                  

the specific emissions target;

the average specific emissions of CO2, where appropriate adjusted by the relevant error margin;                           

the difference between the values referred to in points (a) and (b);

the average specific emissions of CO2 for all new passenger cars in the Union;                           

the average mass for all new passenger cars in the Union.

# Article 2U.K.

This Decision shall enter into force on the third day following that of its publication in the *Official Journal of the European Union*.                  

Done at Brussels, 30 October 2013.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEXU.K.

### *Table 1*

**Values relating to the performance of manufacturers confirmed in accordance with Article 10 of Regulation (EC) No 443/2009**

### *Table 2*

**Values relating to the performance of pools confirmed in accordance with Article 10 of Regulation (EC) No 443/2009**

### **Explanatory notes to Tables 1 and 2**U.K.

#### *Column A*:U.K.

Table 1: ‘Manufacturer name’ means the name of the manufacturer as notified to the Commission by the manufacturer concerned                     or, where no such notification has taken place, the name registered by the registration authority of the Member State.                  

Table 2: ‘Pool name’ means the name of the pool declared by the pool manager.

#### *Column B*:U.K.

‘D’ means that a derogation relating to a small volume manufacturer has been granted in accordance with Article 11(3) of Regulation                     (EC) No 443/2009 with effect from 2012;                  

‘ND’ means that a derogation relating to a niche manufacturer has been granted in accordance with Article 11(4) of Regulation                     (EC) No 443/2009 with effect from 2012;                  

‘P’ means that the manufacturer is a member of a pool (listed in Table 2) formed in accordance with Article 7 of Regulation                     (EC) No 443/2009 and the pooling agreement is valid for calendar year 2012.                  

#### *Column C*:U.K.

‘Number of registrations’ means the total number of new cars registered by Member States in a calendar year, not counting                     those registrations that relate to records where the values for mass and/or CO2 are missing and those records which the manufacturer does not recognise (identified in the error notification with error                     code C as set out in Article 9(3) of Regulation (EU) No 1014/2010). The number of registrations reported by Member States                     may otherwise not be changed.                  

#### *Column D*:U.K.

‘Average CO2 (65 %) corrected’ means the average specific emissions of CO2 that have been calculated on the basis of the 65 % lowest emitting vehicles in the manufacturer’s fleet in accordance with                     the first indent of the second subparagraph of Article 4 of Regulation (EC) No 443/2009 and point 4 of Commission Communication                     COM(2010) 657 final. Where appropriate, the average specific emissions have been adjusted to take into account the corrections                     notified to the Commission by the manufacturer concerned. The records used for the calculation include those that contain                     a valid value for mass and CO2 emissions.                  

#### *Column E*:U.K.

‘Specific emissions target’ means the emissions target calculated on the basis of the average mass of all vehicles attributed                     to a manufacturer applying the formula set out in Annex I to Regulation (EC) No 443/2009.                  

#### *Column F*:U.K.

‘Distance to target’ means the difference between the average specific emissions specified in column D and the specific emissions                     target in column E. Where the value in column F is positive the average specific emissions exceed the specific emissions target.                  

#### *Column G*:U.K.

‘Distance to target adjusted’ means that where the values in this column are different from those in column F, the values                     in that column have been adjusted to take into account an error margin. The error margin only applies if the manufacturer                     has notified the Commission of records with the error code B as set out in Article 9(3) of Regulation (EU) No 1014/2010. The                     error margin is calculated in accordance with the following formula:                  

=

the average specific emissions of CO2 including the unidentifiable vehicles (as set out in column D);                     

=

the specific emissions target including the unidentifiable vehicles (as set out in column E);

=

the average specific emissions of CO2 excluding the unidentifiable vehicles;                     

=

the specific emissions target excluding the unidentifiable vehicles.

#### *Column I*:U.K.

‘Average CO2 (100 %)’ means the average specific emissions of CO2 that have been calculated on the basis of 100 % of the vehicles attributed to the manufacturer. Where appropriate, the average                     specific emissions have been adjusted to take into account the corrections notified to the Commission by the manufacturer                     concerned. The records used for the calculation includes those that contain a valid value for mass and CO2 emissions but do not take into account the super-credits referred to in Article 5 of Regulation (EC) No 443/2009.                  

1

OJ L 140, 5.6.2009, p. 1.                           

2

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).