COMMISSION RECOMMENDATION of 5 February 1999 on the reduction of CO2 emissions from passenger cars (notified under document number C(1999) 107) (Text with EEA relevance) (1999/125/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 155, second indent, thereof,

Whereas the Commission has proposed a Community strategy to reduce CO2 emissions from passenger cars and improve fuel economy (1);

Whereas the Council (environment), in its conclusions of 25 June 1996, has invited the Commission to undertake the necessary steps to implement the main elements of this strategy;

Whereas an environmental agreement with the automobile industry is one of the main elements of the Community strategy; whereas both the Commission and the Council believe that such agreement should commit the automobile industry to making the major contribution to the achievement of the overall objective of the strategy to attain a CO2 emission target of 120 g/km CO2 on average for newly-registered passenger cars by 2005, and at the latest 2010;

Whereas the European Automobile Manufacturers Association (ACEA), with the support of its member companies manufacturing passenger cars, has adopted a commitment on CO2 emissions reductions from new passenger cars (hereinafter referred to as the Commitment);

Whereas the Commission is satisfied with the undertakings given by ACEA in its Commitment;

Whereas the Commission acknowledges the assumptions underlying the Commitment and will review the situation together with ACEA and agree to any necessary adjustments to the Commitment in good faith in the event that the assumptions are not borne out;

Whereas the Commitment is based on the requirements of Directive 98/70/EC of the European Parliament and of the Council (2), although ACEA expects that the market average fuel quality will be better than these legislative requirements;

Whereas the Commission and ACEA agree to jointly monitor the undertakings in the Commitment, the assumptions underlying them as well as certain other developments;

Whereas the Commitment includes the clause that no additional fiscal measures are needed to help ACEA to achieve its CO2 objectives; whereas the Commitment does not question the right of the Community or its Member States to exercise their prerogatives in the field of fiscal policy as laid down in the strategy; whereas the effect of fiscal measures will be assessed in the context of the monitoring of the Commitment;

Whereas the Commission intends to present a legislative proposal on CO2 emissions from passenger cars, should ACEA fail to achieve the CO2 emission objective for 2008 in its Commitment or not make sufficient progress towards this objective (as measured in particular against the estimated target range for 2003 in the Commitment), and should the Commission not be satisfied that such failure is due to factors for which ACEA cannot be held accountable;

Whereas the Commission intends to commit passenger car manufacturers not belonging to ACEA to undertake CO2 emission reduction efforts which are equivalent to the Commitment for their sales in the Community,

HEREBY RECOMMENDS:

Article 1

1. The members of the European Automobile Manufacturers Association (ACEA) should, mainly by technological developments and market changes linked to these developments, collectively achieve a CO2 emission target of 140 g/km CO2, as measured according to Commission Directive 93/116/EEC (3), for the average of their new cars sold in the Community (category M1 as defined in Annex I to Council Directive 70/156/EEC (4)) by 2008. Innovative concepts for vehicles replacing conventional cars and passenger cars not producing CO2 emissions or using alternative fuels will be counted towards the achievement of this CO2 emission target even if they are not included in category M1 or are not currently covered by Directive 93/116/EEC.

During monitoring of the Commitment, the ACEA should cooperate with the Commission in identifying the effect of market changes which are not linked to technological developments.

2. The ACEA should evaluate in 2003 the potential for additional fuel-efficiency improvements with a view to moving further towards the objective of 120 g/km CO2 by 2012.

3. Individual members of the ACEA should place on the market in the Community models emitting 120 g/km CO2 or less, as measured according to Directive 93/116/EEC, by the year 2000.

4. The members of the ACEA should make every effort to achieve collectively an intermediate CO2 emission target in the range of 165 - 170 g/km CO2, as measured according to Directive 93/116/EEC, by 2003.

5. The ACEA should cooperate with the Commission in the monitoring of its Commitment.

Article 2

This Recommendation is addressed to the European Automobile Manufacturers Association (ACEA).

Done at Brussels, 5 February 1999.

For the Commission

Ritt BJERREGAARD

Member of the Commission

(1) COM(95) 689 final of 20 December 1995.

(2) OJ L 350, 28. 12. 1998, p. 58.

(3) OJ L 329, 30. 12. 1993, p. 39.

(4) OJ L 42, 23. 2. 1970, p. 1.