on the exercise of the delegation conferred on the Commission pursuant to Regulation (EC) No 443/2009 setting emission performance standards for new passenger cars as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles

1. Introduction

Regulation (EC) No 443/2009 of the European Parliament and of the Council sets targets for the average CO2 emissions from new passenger cars registered in the Union, to be achieved by means of improvements in vehicle technology and innovative technologies.

Regulation (EC) No 443/2009 empowers the Commission to adopt delegated acts, as referred to in Article 14a(2), with a view to:

·amending Annex II and adopt detailed rules for monitoring and reporting of data on average emissions, as provided for in Article 8(9);

·supplementing the Regulation, inter alia, on the interpretation of the eligibility criteria for derogations, on the content of applications, and on the content and assessment of programmes for the reduction of specific CO2 emissions, as provided for in Article 11(8);

·amending Annex I by 31 October 2014 (and every three years thereafter) to adjust the figure M0 to the average mass of new passenger cars in the previous three years, as provided for in Article 13(2);

·amending Annex I, to adapt the formulae to determine the indicative specific CO2 emissions of passenger cars, as provided for in the second paragraph of Article 13(7).

2. Legal basis

With this report, the Commission aims to meet the obligation set by Article 14a(2) of Regulation (EC) No 443/2009. Under this Article, the Commission has the power to adopt delegated acts for a period of five years, running from 8 April 2014. The Commission is also required to present to the European Parliament and to the Council a report on the exercise of the delegation conferred by that Regulation. The report is to be drawn up not later than 9 months before the end of the five-year period of the delegation. The delegation of power is tacitly extended for periods of an identical duration, unless the European Parliament or the Council oppose such extension not later than three months before the end of each period.

3. Exercise of the delegation

Article 14a(2) of Regulation (EC) No 443/2009 empowers the Commission to adopt delegated acts referred to in Article 8(9), Article 11(8), the third paragraph of Article 13(2) and the second paragraph of Article 13(7) of that Regulation.

3.1 Article 8(9) of Regulation (EC) No 443/2009 requires the Commission to amend Annex II and lay down, by means of delegated acts, detailed rules for monitoring and reporting of data on average emissions of new passenger cars registered in the territory of the EU.

A delegated act was adopted on 2 June 2017 and was submitted to the European Parliament and the Council for scrutiny. One of the objectives of the act was to adapt the reporting and monitoring requirement to the change in the regulatory test procedure for measuring such emissions (see section 3.4).

3.2 Article 11(8) of Regulation (EC) No 443/2009 requires the Commission to adopt delegated acts in order to supplement the Regulation, inter alia, on the interpretation of the eligibility criteria for derogations, on the content of applications, and on the content and assessment of programmes for the reduction of specific emissions of CO2.