EN Official Journal of the European Union L 345/96

COMMISSION IMPLEMENTING DECISION (EU) 2016/2320

of 16 December 2016

confirming or amending the provisional calculation of the average specific emissions of CO2 and specific emissions targets for manufacturers of new light commercial vehicles for the calendar year 2015 pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council

(notified under document C(2016) 8583)

(Only the Dutch, English, Estonian, French, German, Italian, Portuguese, Spanish and Swedish texts are authentic)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), and in particular Article 8(6) thereof,

Whereas:

(1) In accordance with Regulation (EU) No 510/2011, the Commission is required to calculate each year the average specific emissions of CO2 and the specific emissions target for each manufacturer of light commercial vehicles in the Union. On the basis of that calculation, the Commission is to determine whether manufacturers and pools of manufacturers have complied with their specific emissions targets.

(2) Pursuant to Article 4 of Regulation (EU) No 510/2011 the average specific emissions of manufacturers for 2015 are calculated in accordance with the third paragraph of that Article and take into account 75 % of the manufacturer's new light commercial vehicles 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 based on Member States' registrations of new light commercial vehicles during the preceding calendar year. Where light commercial vehicles are type-approved in a multi-stage process, the manufacturer of the base vehicle take responsibility for the CO2 emissions of the completed vehicle.

(4) All Member States submitted the 2015 data the Commission in accordance with Article 8(2) of Regulation (EU) No 510/2011. 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 were not adjusted.

(5) On 17 May 2016, the Commission published the provisional data and notified 60 manufacturers of the provisional calculations of their average specific emissions of CO2 in 2015 and their specific emissions targets. Manufacturers were asked to verify the data and to notify the Commission of any errors within three months of receipt of the notification. 21 manufacturers submitted notifications of errors.

(6) For the remaining 39 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.

(7) The Commission has verified the errors notified by the manufacturers and the respective reasons for their correction and the dataset has been confirmed or amended.

(8) In the case of records without matching vehicle identification numbers and with missing or incorrect identification parameters, such as type, variant, version code or type-approval number, the fact that manufacturers cannot verify or correct those records should be taken into account. As a consequence, it is appropriate to apply an error margin to the CO2 emissions 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 specific emissions targets subtracted from the average specific emissions 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 manufacturer's position with regard to its specific emissions target.

(10) In accordance with Article 10(2) of Regulation (EU) No 510/2011, a manufacturer should be considered as compliant with its specific emissions 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 are to be imposed, unless the manufacturer concerned benefits from an exemption from that target or is a member of a pool and the pool complies with its specific emissions target.

(11) On 3 November 2015 the Volkswagen Group made a statement to the effect that irregularities had been found when determining type approval CO2 levels of some of their vehicles. While that issue has been thoroughly investigated, the Commission nevertheless finds that further clarifications are needed from the Volkswagen pool as a whole as well as a confirmation by the relevant national type approval authorities of the absence of any such irregularities. As a consequence the values for the Volkswagen pool and its members (Audi AG, Dr Ing. h.c.F. Porsche AG, Quattro GmbH, Seat SA, Skoda Auto A.S. and Volkswagen AG) cannot be confirmed or amended.

(12) The Commission reserves the right to revise the performance of a manufacturer as confirmed or amended by this Decision, should the relevant national authorities confirm the existence of irregularities in the CO2 emission values used for the purpose of determining the manufacturer's compliance with the specific emissions target.

(13) The provisional calculation of the average specific emissions of CO2 from new light commercial vehicles registered in 2015, the specific emissions targets and the difference between those two values should be confirmed or amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The values relating to the performance of manufacturers, as confirmed or amended for each manufacturer of light commercial vehicles and for each pool of manufacturers of light commercial vehicles in respect of the 2015 calendar year in accordance with Article 8(6) of Regulation (EU) No 510/2011, are specified in the Annex to this Decision.

Article 2

This Decision is addressed to the following individual manufacturers and pools formed in accordance with Article 7 of Regulation (EU) No 510/2011:

(1) ALFA Romeo SpA C.so Giovanni Agnelli 200 10135 Torino (TO) Italy

(2) Automobiles Citroen Route de Gizy 78943 Vélizy-Villacoublay Cedex France

(3) Automobiles Peugeot Route de Gizy 78943 Vélizy-Villacoublay Cedex France

(4) Avtovaz JSC Represented in the Union by: LADA France S.A.S. 13, Route Nationale 10 78310 Coignieres France

(5) Bluecar SAS 31-32 quai de Dion Bouton 92800 Puteaux France

(6) Bayerische Motoren Werke AG Petuelring 130 80788 München Germany

(7) BMW M GmbH Petuelring 130 80788 München Germany

(8) FCA US LLC Represented in the Union by: Fiat Chrysler Automobiles Building 5 — Ground floor — Room A8N C.so Settembrini, 40 10135 Torino (TO) Italy

(9) CNG-Technik GmbH Niehl Plant, building Imbert 479 Henry-Ford-Straße 1 50735 Köln Germany

(10) Comarth Engineering S.L. Carril Alejandrico 79 ES-30570 Beniajan — Murcia Spain

(11) Automobile Dacia SA Guyancourt 1 avenue du Golf 78288 Guyancourt Cedex France

(12) Daimler AG Mercedesstr. 137/1 Zimmer 229 HPC F403 70327 Stuttgart Germany

(13) DFSK Motor Co., Ltd Represented in the Union by: Giotti Victoria Srl Sr.l. Pissana Road 11/a 50021 Barberino Val D' Elsa (FI) Italy

(14) Esagono Energia S.r.l. Via Puecher 9 20060 Pozzuolo Martesana (MI) Italy

(15) FCA Italy SpA Building 5 — Ground floor — Room A8N C.so Settembrini, 40 10135 Torino (TO) Italy

(16) Ford Motor Company of Australia Ltd Represented in the Union by: Ford Werke GmbH Niehl Plant, building Imbert 479 Henry-Ford-Straße 1 50735 Köln Germany

(17) Ford Motor Company Niehl Plant, building Imbert 479 Henry-Ford-Straße 1 50735 Köln Germany

(18) Ford Werke GmbH Niehl Plant, building Imbert 479 Henry-Ford-Straße 1 50735 Köln Germany

(19) Fuji Heavy Industries Ltd Represented in the Union by: Subaru Europe NV/SA Leuvensesteenweg 555 B/8 1930 Zaventem Belgium

(20) Mitsubishi Fuso Truck & Bus Corporation Represented in the Union by: Daimler AG, Mercedesstr. 137/1 Zimmer 229 HPC F403 70327 Stuttgart Germany

(21) Mitsubishi Fuso Truck Europe SA Represented in the Union by: Daimler AG, Mercedesstr. 137/1 Zimmer 229 HPC F403 70327 Stuttgart Germany

(22) LLC Automobile Plant Gaz Poe 2 Lähte Tartumaa 60502 Estonia

(23) General Motors Company Adam Opel AG Bahnhofsplatz 1 IPC 39-12 65423 Rüsselsheim Germany

(24) GAC Gonow Auto Co. Ltd Represented in the Union by: Autorimessa Monte Mario SRL Via della Muratella, 797 00054 Maccarese (RM) Italy

(25) Great Wall Motor Company Ltd Represented in the Union by: Great Wall Motor Europe Technical Center GmbH Otto-Hahn-Str. 5 63128 Dietzenbach Germany

(26) Honda Motor Co., Ltd Represented in the Union by: Aalst Office Wijngaardveld 1 (Noord V) B-9300 Aalst Belgium

(27) Honda of the UK Manufacturing Ltd Aalst Office Wijngaardveld 1 (Noord V) B-9300 Aalst Belgium

(28) Hyundai Motor Company Represented in the Union by: Hyundai Motor Europe GmbH Kaiserleipromenade 5 63067 Offenbach Germany

(29) Hyundai Assan Otomotiv Sanayi Ve Ticaret A.S. Represented in the Union by: Hyundai Motor Europe GmbH Kaiserleipromenade 5 63067 Offenbach Germany

(30) Hyundai Motor Manufacturing Czech s.r.o. Kaiserleipromenade 5 63067 Offenbach Germany

(31) Isuzu Motors Limited Represented in the Union by: Isuzu Motors Europe NV Bist 12 2630 Aartselaar Belgium

(32) IVECO SpA Via Puglia 35 10156 Torino (TO) Italia

(33) Jaguar Land Rover Limited Abbey Road Whitley Coventry CV3 4LF United Kingdom

(34) KIA Motors Corporation Represented in the Union by: Kia Motors Europe GmbH Theodor-Heuss-Allee 11 60486 Frankfurt am Main Germany

(35) KIA Motors Slovakia s.r.o. Theodor-Heuss-Allee 11 60486 Frankfurt am Main Germany

(36) LADA Automobile GmbH Erlengrund 7-11 21614 Buxtehude Germany

(37) Magyar Suzuki Corporation Ltd Legal Department Suzuki-Allee 7 64625 Bensheim Germany

(38) Mahindra & Mahindra Ltd Represented in the Union by: Mahindra Europe S.r.l. Via Cancelliera 35 00040 Ariccia (RM) Italy

(39) Mazda Motor Corporation Represented in the Union by: Mazda Motor Europe GmbH European R & D Centre Hiroshimastr. 1 D-61440 Oberursel/Ts Germany

(40) M.F.T.B.C. Represented in the Union by: Daimler AG, Mercedesstr. 137/1 Zimmer 229 HPC F403 70327 Stuttgart Germany

(41) Mitsubishi Motors Corporation MMC Represented in the Union by: Mitsubishi Motors Europe BV MME Mitsubishi Avenue 21 6121 SG Born The Netherlands

(42) Mitsubishi Motors Thailand Co., Ltd MMTh Represented in the Union by: Mitsubishi Motors Europe BV MME Mitsubishi Avenue 21 6121 SG Born The Netherlands

(43) Nissan International SA Represented in the Union by: Renault Nissan Representation Office Av. des Arts 40 1040 Bruxelles Belgium

(44) Adam Opel AG Bahnhofsplatz 1 IPC 39-12 65423 Rüsselsheim Germany

(45) Piaggio & C SpA Viale Rinaldo Piaggio 25 56025 Pontedera (PI) Italy

(46) Renault S.A.S. Guyancourt 1 avenue du Golf 78288 Guyancourt Cedex France

(47) Renault Trucks 99 Route de Lyon TER L10 0 01 69802 Saint Priest Cedex France

(48) SAIC MAXUS Automotive Co. Ltd (SAIC Motor Commercial Vehicle Co. Ltd) Represented in the Union by: SAIC Luc, SARL President Building 37A avenue J.F. Kennedy 1855 Luxembourg Luxembourg

(49) SsangYong Motor Company Represented in the Union by: SsangYong Motor Europe Office Herriotstrasse 1 60528 Frankfurt am Main Germany

(50) StreetScooter GmbH Jülicher Straße 191 52070 Aachen Germany

(51) Suzuki Motor Corporation Represented in the Union by: Suzuki Deutschland GmbH Legal Department Suzuki-Allee 7 64625 Bensheim Germany

(52) Tata Motors Limited Represented in the Union by: Tata Motors European Technical Centre plc Internal Automotive Research Centre University of Warwick Coventry CV4 7AL United Kingdom

(53) Toyota Motor Europe NV/SA Avenue du Bourget 60 1140 Brussels Belgium

(54) Toyota Caetano Portugal SA Avenida Vasco de Gama 1410 4431-956 Vila Nova de Gaia Portugal

(55) Volvo Car Corporation VAK building Assar Gabrielssons väg SE-405 31 Göteborg Sweden

(56) Pool for: Daimler AG Mercedesstr. 137/1 Zimmer 229 70546 Stuttgart Germany

(57) Pool for: FCA Italy SpA Building 5 — Ground floor — Room A8N C.so Settembrini, 40 10135 Torino (TO) Italy

(58) Pool for: Ford-Werke GmbH Neihl Plant, building Imbert 479 Henry-Ford-Straße 1 50735 Köln Germany

(59) Pool for: General Motors Bahnhofsplatz 1 IPC 39-12 65423 Rüsselsheim Germany

(60) Pool for: Kia Theodor-Heuss-Allee 11 60486 Frankfurt am Main Germany

(61) Pool for: Mitsubishi Motors Mitsubishi Avenue 21 6121 SG Born The Netherlands

(62) Pool Renault 1 Avenue du Golf 78288 Guyancourt Cedex France

Done at Brussels, 16 December 2016. For the Commission Miguel ARIAS CAÑETE Member of the Commission

(1) OJ L 145, 31.5.2011, p. 1.