Proposal for a Regulation of the European Parliament and of the Council setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles
Date: 2007-12-19
Institutions: European Commission
Subjects: EU environmental policy, environmental standard, motor vehicle pollution, reduction of gas emissions, road transport

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.12.2007 
COM(2007) 856 final 

2007/0297 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Setting emission performance standards for new passenger cars as part of the 
Community's integrated approach to reduce CO2 emissions from light-duty vehicles 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

The  internal  market  comprises  an  area  without  internal  frontiers  in  which  the  free 
movement of goods, persons, services and capital must be ensured.  

The United Nations Framework Convention on Climate Change, which was approved 
on behalf of the European Community by Council Decision 94/69/EC of 15 December 
1993  concerning  the  conclusion  of  the  United  Nations  Framework  Convention  on 
Climate Change,1 requires all parties to formulate and implement national and, where 
appropriate,  regional programmes containing measures to mitigate climate change. In 
this  respect,  the  Commission  proposed  in  January  2007  that,  in  the  context  of 
international  negotiations,  the  EU  pursues  the  objective  of  a  30%  reduction  in 
greenhouse gas emissions by developed countries by 2020 (compared to 1990 levels) 
and that the EU should make a firm independent commitment to achieve at least a 20% 
reduction  of  greenhouse  gas  emissions  by  2020  (compared  to  1990  levels).2  This 
objective was endorsed by the Council and the European Parliament.  

One  of  the  implications  of  those  commitments  is  for  all  Member  States  to  reduce 
significantly emissions from passenger cars. Cars are an important part of the everyday 
lives  of  a  large  number  of  Europeans  and  the  automotive  industry  is  a  significant 
source  of  employment  and  growth  in  many  regions  of  the  EU.  Car  usage  also  has 
significant  impacts  on  climate  change.  Passenger  car  use  accounts  for  about  12%  of 
the  main  greenhouse  gas. 
overall  EU  emissions  of  carbon  dioxide  (CO2), 
Improvements in vehicle motor technology, in particular fuel efficiency, have led to a 
12.4% fuel efficiency improvement between 1995 and 2004. However, improvements 
in fuel efficiency have been offset mainly by the increase in demand for transport and 
vehicle size. While the EU as a whole has reduced its emissions of greenhouse gases 
(GHG)  by  approximately  5%  over  the  1990-2004  period  and  emissions  have  been 
declining  in  non-transport  sectors,  the  CO2  emissions  from  road  transport  have 
increased  by  26%.  Despite  significant  improvements  in  vehicle  motor  technology,  in 
particular  in  fuel  efficiency  which  also  means  lower  CO2  emissions,  demand  for 
transport and vehicle size has increased and progress has been too slow in view of the 
Community objective of average emissions from the new car fleet of 120 g CO2/km.  

The objective of this proposal is to ensure the proper functioning of the internal market 
for passenger cars by laying down harmonised rules to limit the average CO2 emissions 
from  the  new  car  fleet  in  the  Community  to  130g  CO2/km  by  2012.  Without  such 
harmonisation  there  is  a  high  risk  that  the  internal  market  would  be  impaired  with 
Member States seeking to take unilateral action in order to improve the fuel efficiency 
of passenger cars and reduce CO2 emissions. This is part of an integrated approach and 
will  be  complemented  by  measures  delivering  an  additional  10g  CO2/km  in  order  to 
meet  the  Community  objective  of  120  g  CO2/km  as  set  out  in  Communication 

1 
2 

OJ L 33, 7.2.1994, p. 11. 
COM(2007) 2. 

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COM(2007)19. 

Adopting  Community  targets  for  new  passenger  cars  is  necessary  to  prevent 
fragmentation in the internal market resulting from the adoption of different measures 
at Member State level. Community targets provide manufacturers with more planning 
certainty  and  more  flexibility  to  meet  the  CO2  reduction  requirements  than  would  be 
provided  by  separate  national  reduction  targets.  In  setting  emissions  standards  it  is 
important  to  take  into  account  the  implications  for  markets  and  manufacturers’ 
competitiveness,  stimulating  innovation  and  reducing  energy  consumption.  In  setting 
such  standards,  it  is  important  to  provide  Europe-wide  planning  security  for  vehicle 
manufacturers. 

The aim of this Regulation is to create incentives for the car industry to invest in new 
technologies. The Regulation actively promotes eco-innovation and takes into account 
future  technological  developments.  In  this  way,  the  competitiveness  of  the  European 
Industry is enhanced and more high-quality jobs created.   

120 

•  General context 

The  Commission  first  adopted  a  Community  Strategy  to  reduce  CO2  emissions  from 
cars in 1995. The strategy was based on three pillars: voluntary commitments from the 
car  industry  to  cut  emissions,  improvements  in  consumer  information  and  the 
promotion of fuel efficient cars via fiscal measures. In 1998, the European Automobile 
Manufacturers  Association  adopted  a  commitment  to  reduce  average  emissions  from 
new  cars  sold  to  140  g  CO2/km  by  2008  and,  in  1999,  the  Japanese  and  Korean 
Automobile  Manufacturers  Associations  adopted  a  similar  commitment  to  reduce 
average emissions from new cars sold to 140 g CO2/km by 2009.  

On  7  February  2007,  the  Commission  adopted  two  parallel  Communications:  a 
Communication on the results of the review of the Community Strategy to reduce CO2 
emissions from passenger cars and light-commercial vehicles and a Communication on 
a Competitive Automotive Regulatory Framework for the 21st Century CARS 21 ("the 
Communications").  The  Communications  underlined  that  while  progress  had  been 
made  some  way  towards  the  target  of  140g  CO2/km  by  2008/9,  the  Community 
objective of average emissions from the new car fleet of 120g CO2/km  would  not  be 
met  by  2012  in  the  absence  of  additional  measures.  The  Communications  therefore 
proposed the adoption of an integrated approach to meet the Community objective and 
announced that the Commission would propose a legislative framework to achieve the 
Community  objective  by  focusing  on  mandatory  reductions  of  emissions  of  CO2  to 
reach  the  objective  of  130  g  CO2/km  for  the  average  new  car  fleet  by  means  of 
improvements in vehicle motor technology, and a further reduction of 10 g CO2/km, or 
equivalent  if  technically  necessary,  by  other  technological  improvements  and  by  an 
increased use of biofuels.  

The Communications emphasised that the legislative framework for implementing the 
average new car fleet target should ensure competitively neutral and socially equitable 
and sustainable reduction targets which are equitable to the diversity of the European 
automobile manufacturers and avoid any unjustified distortion of competition between 
automobile  manufacturers.  The  legislative  framework  should  be  compatible  with  the 
overall objective of reaching the EU's Kyoto targets. 

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In  May  2007,  the  Competitiveness  Council  supported  "an  integrated  approach  as 
proposed  by  the  Commission,  for  reducing  CO2  emissions  from  motor  vehicles"  and 
underlined  "that  all  the  players  must  make  their  contribution  to  reducing  emissions 
harmful to the climate" and that "the opportunity for a regulatory framework which is 
cost-effective,  ensures  affordable  mobility  and  contributes  to  preserving  the  global 
competitiveness  of  the  automotive  industry".  In  June  2007,  the  Environment  Council 
"urged the European Commission to come forward, as soon as possible and before the 
end of 2007, with a legislative framework to reduce CO2 emissions from cars (…)".  

These two Council formations, as well as the Transport Council in June 2007, called 
"on  the  Commission  to  configure  the  planned  framework  for  attaining  the  target  for 
average  CO2  emissions  from  the  fleet  of  new  cars  sold  in  the  EU  on  the  basis  of  a 
thorough  impact  assessment  in  a  way  that  is  as  neutral  as  possible  from  the  point  of 
view  of  competition,  and  which  is  socially  equitable  and  sustainable.  It  should  be 
framed in such a way as to ensure that all manufacturers intensify their efforts to make 
their whole vehicle production more environmentally-friendly in a cost-effective way". 

In its resolution adopted on 24 October 2007, the European Parliament welcomed the 
Commission's plan to propose legislation and proposed that binding emission targets be 
implemented from 2011 onwards in order to ensure that by technical improvements to 
vehicles  alone,  the  average  new  car  fleet  would  reach  125  g  CO2/km  in  2015.  The 
Parliament  recommended  that  reduction  targets  be  defined  through  a  footprint 
(trackwidth  multiplied  by  wheelbase)  based  limit  value.  The  Parliament  also  insisted 
on the second step to be taken in view of the longer-term target: the average new car 
fleet should reach 95 g CO2/km by 2020 and possibly 70 g CO2/km by 2025 subject to 
a confirmation or review by the Commission no later than 2016. 

Consumer  behaviour  has  an  affect  on  overall  emissions  from  passenger  cars. 
Consumers should be provided with information regarding whether new passenger cars 
meet  the  emission  targets.  The  Commission  will  adopt  an  amending  proposal  to 
improve  the  effectiveness  of  the  fuel  efficiency  labelling  Directive  1999/94/EC.  Car 
taxation  is  also  a  powerful  instrument  to  influence  the  purchase  decisions  of 
consumers. Taxes differentiated to support the market introduction of fuel efficient and 
low CO2 emitting cars could facilitate the achievement of the Community's target. The 
Commission  has  made  a  proposal  for  a  Council  Directive  on  passenger  car  taxation 
(COM(2005)61) which allows for this possibility by requiring tax to be differentiated 
on  the  basis  of  the  CO2  emissions  of  each  car,  with  the  share  of  CO2-related  tax 
revenues rising from twenty-five per cent to fifty per cent.  

The  mid-term  review  of  the  White  Paper  on  the  Common  Transport  Policy 
(COM(2006)  314)  reconfirmed  the  objectives  of  protecting  the  environment  and 
ensuring energy security, highlighting CO2 emissions as one of the challenges. 

130 

•  Existing provisions in the area of the proposal 

Commission  Recommendation  1999/125/EC  on  the  reduction  of  CO2  emissions  from 
passenger cars http://ec.europa.eu/environment/co2/99125/en.pdf. 

Commission  Recommendation  2000/303/EC  on  the  reduction  of  CO2  emissions  from 

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passenger cars (KAMA) http://ec.europa.eu/environment/co2/00303/en.pdf. 

Commission  Recommendation  2000/304/EC  on  the  reduction  of  CO2  emissions  from 
passenger cars (JAMA) http://ec.europa.eu/environment/co2/00304/en.pdf. 

Decision 1753/2000/EC of the European Parliament and of the Council establishing a 
scheme 
from  new  passenger  cars 
http://ec.europa.eu/environment/co2/001753/001753_en.pdf. 

to  monitor  average  emissions  of  CO2 

140 

•  Consistency with the other policies and objectives of the Union 

The  proposal  is  in  line  with  the  three  pillars  of  the  Lisbon  Strategy  as  tighter 
requirements on CO2 emissions and fuel efficiency should encourage the development 
and  application  of  new  environmental  technologies,  which  in  turn,  could  encourage 
high-value-added technology exports of technologies and vehicles to emerging markets 
where oil is scarce and promote highly qualified jobs in Europe.  

The  proposal  also  contributes  to  the  Renewed  Sustainable  Development  Strategy 
adopted by the European Council in June 2006 by contributing to a more sustainable 
mobility.  Making  transport  more  sustainable  would  facilitate  achieving  other 
sustainable  development  goals.  This  relationship  is  particularly  strong  between 
transport  climate  change,  public  health,  conservation  of  natural  resources  and  energy 
use.  

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

211 

Consultation methods, main sectors targeted and general profile of respondents 

In  support  of  the  earlier  Communications,  a  first  round  of  public  consultation  was 
carried  out  by  the  Commission  in  2005-2006  via  an  internet  consultation.  This  was 
complemented by a dedicated working group established under the European Climate 
Change Programme. In addition, the CARS 21 stakeholder group reviewed the role of 
environmental  policy  and  CO2  emissions  as  part  of  developing  an  overarching 
integrated policy framework for the automotive sector. 

Building on this work, the following additional consultations were carried out, together 
with  an  external  study  aimed  at  investigating  possible  regulatory  approaches  to 
reducing CO2 from light-duty vehicles: 

- 
Between  5  May  and  15  July  2007,  an  online  internet  public  consultation  was 
carried out, aimed at gathering the views of all stakeholders and members of the public 
on the implementation of the revised CO2 and cars strategy; 

To complement this internet consultation, a public hearing was organised by the 
- 
Commission  on  11  July  2007,  where  the  stakeholders  directly  concerned  by  the 
upcoming  legislation  (automotive  industry,  suppliers,  environmental  NGOs,  social 
partners, consumers) had the opportunity to present their positions. 

212 

Summary of responses and how they have been taken into account 

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The  information  gathered  through  the  stakeholder  consultation  has  been  taken  into 
account in the design of the proposed scheme. Details of how this was done are set out 
in the impact assessment report which accompanies this proposal. 

213 

The  Commission  received  2390  responses  to  the  internet  consultation  carried  out 
between  May 
on 
http://ec.europa.eu/reducing_co2_emissions_from_cars/index_en.htm  and,  along  with 
the  full  report  of  the  public  hearing,  are  summarised  in  the  annex  to  the  impact 
assessment accompanying the proposal. 

available 

results 

2007. 

July 

The 

and 

are 

•  Collection and use of expertise 

221 

Scientific/expertise domains concerned 

(1) Expertise from the automotive industry, including manufacturers and (2) modelling 
expertise  provided  by  external  consultants  (see  Annex  I  to  the  Impact  Assessment 
accompanying this proposal for details of the reference documents and considerations 
for the modelling framework). 

Methodology used 

Modelling with formal mathematical models and calculations based on statistical data. 

Main organisations/experts consulted 

Public  authorities, 
organisations, consumer organisations and external consultants. 

industry  associations, 

trade  organisations,  environmental 

Summary of advice received and used 

The advice provided by the external consultant has been used to assess the implications 
of the various policy options to achieve the objectives of the proposal. These options 
and their implications are described in the impact assessment which accompanies this 
proposal. 

222 

223 

2241 

225 

226 

Means used to make the expert advice publicly available 

The study carried out in support of the impact assessment, together with earlier related 
websites: 
work, 
http://ec.europa.eu/environment/co2/co2_studies.htm 

following 

available 

made 

will 

the 

be 

at 

http://ec.europa.eu/enterprise/automotive/index_en.htm 

230 

•  Impact assessment 

The impact assessment considered three main options:  

The  first  option  considered  was  to  set  the  same  CO2  emission  limit  for  each 
manufacturer  for  the  average  of  their  new  passenger  car  fleets  in  2012,  namely  the 
average emission target of 130 g CO2/km. 

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The second option considered was to define a linear curve giving the CO2 value to be 
achieved  by  a  given  car  as  a  function  of  its  "utility"  (mass  or  footprint)  so  that  the 
average of the new passenger cars in 2012 would deliver the 130 g CO2/km target. 

The  third  and  last  option  was  to  require  manufacturers  to  deliver  a  set  percentage 
reduction corresponding to the reduction needed to achieve the 130 g CO2/km target in 
2012 compared to the 2006 situation. 

For  all  three  options,  flexibility  mechanisms  have  been  considered,  including  fleet 
averaging,  pooling  and 
trading  amongst  manufacturers.  Different  compliance 
mechanisms  have  also  been  investigated.  The  potential  economic,  social  and 
environmental impacts have been considered in detail.  

231 

The  detailed  evaluation  of  the  options  is  set  out  in  the  impact  assessment 
accompanying  the  proposal  which  will  be  available  at  the  following  addresses: 
http://ec.europa.eu/environment/co2/co2_home.htm 
and 
http://ec.europa.eu/enterprise/automotive/index_en.htm. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

The proposal aims to ensure the proper functioning of the internal market for passenger 
cars  by  ensuring  that  average  specific  emissions  of  new  passenger  cars  in  the 
Community do not exceed 130g CO2/km from 2012 onwards.  

The key aspects of the proposal are:  

- The proposal will apply to M1 vehicles (passenger cars). 

- The proposal sets targets for the specific emissions of CO2 from new passenger cars 
in the Community as a function of their mass. 

-  The  proposal  sets  mandatory  targets  for  the  specific  emissions  of  CO2  of  passenger 
cars  from  2012  onwards.  The  targets  will  apply  to  the  average  specific  emissions  of 
CO2 in g/km for new passenger cars for each manufacturer which are registered in the 
EU  in  each  calendar  year.  Manufacturers  may  form  a  pool  in  order  to  meet  their 
targets. Where two or more manufacturers form a pool, the pool will be treated as if it 
is one manufacturer for the purposes of determining its compliance with the targets. 

-  Member  States  will  be  obliged  to  collect  data  on  the  new  cars  registered  in  their 
territory  and  to  report  this  data  to  the  Commission  for  the  purposes  of  assessing 
compliance with the targets. 

- If a manufacturer fails to meet its target, it will be required to pay an excess emissions 
premium  in  respect  of  each  calendar  year  from  2012  onwards.  The  premium  will  be 
calculated  by  multiplying  the  number  of  g  CO2/km  by  which  the  manufacturer 
exceeded its target  by the number of cars newly registered and by the excess emissions 
penalty  for  the  year.  The  excess  emissions  penalty  will  be  20  euros  for  emissions  in 
2012, 35 euros for emissions in 2013, 60 euros for emissions in 2014 and 95 euros for 
emissions in 2015 and each subsequent year. 

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- The targets under the Regulation are established on the basis of the best knowledge 
currently available  regarding  in  particular  the likely  fleet  evolution  between  now and 
2012 in respect of the autonomous weight increase. 

310 

•  Legal basis 

Article 95 of the EC Treaty is the appropriate legal basis because of the need to ensure 
a  level  playing  field  for  all  economic  actors  in  the  internal  market  while  at  the  same 
time ensuring a high level of protection of health and the environment. 

320 

•  Subsidiarity principle 

321 

324 

327 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The  objectives  of  the  proposal  cannot  be sufficiently  achieved  by  the  Member  States 
for the following reasons: 

The  need  to  avoid  the  emergence  of  barriers  to  the  single  market,  the  transboundary 
nature  of  climate  change  and  the  important  variations  in  the  national  averages  of 
specific emissions of CO2 for new passenger cars: the monitoring of the average new 
car CO2 emissions shows that national new car fleet emissions vary from Member State 
to Member State (in 2006, the average new car sold in Portugal emitted 144 g CO2/km, 
against 187 g CO2/km in Sweden) and, as a result, Member States would not be able to 
implement  national  measures  such  that  the  EU  average  of  130  g  CO2/km  would  be 
delivered. 

Community action will better achieve the objectives of the proposal for the following 
reasons: 

Harmonised action to reduce the climate change impact of passenger cars can best be 
achieved  by  adopting  legislation  at  Community  level.  Adopting  targets  for  CO2 
emissions  from  cars  at  the  Community  level  prevents  fragmentation  of  the  internal 
market and provides manufacturers with more flexibility in implementing the required 
CO2 reductions across their new car fleet in the Community rather than having specific 
strategies for specific national reduction objectives. 

The Community has a long-standing target to reduce the average CO2 emissions from 
new cars in the Community and the Council and European Parliament have called upon 
the Commission to make a proposal for legislation on this matter. 

The scope of the proposal is limited to defining manufacturers' targets in respect of the 
achievement  of  the  average  new  car  fleet  emissions  of  130  g  CO2/km,  without 
prescribing complementary measures (advertising requirements, fiscal incentives) that 
Member States could take and that could contribute to the overall objective of reducing 
CO2 from cars, although they would in themselves not be sufficient to deliver the 130 g 
CO2/km target. 

The proposal therefore complies with the subsidiarity principle. 

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331 

332 

341 

342 

401 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons: 

It does not go beyond what is necessary in order to achieve the objectives of ensuring 
the  proper  functioning  of  the  internal  market  while  at  the  same  time  providing  for  a 
high level of environmental protection. 

The proposal is proportionate to the EU's overall objective of reaching the EU's Kyoto 
targets and sets competitively neutral and socially equitable and sustainable reduction 
targets which are equitable to the diversity of the European automobile manufacturers 
and avoid any unjustified distortion of competition between automobile manufacturers. 

The  proposal  will  build  upon  an  already  existing  monitoring  scheme  that  was 
established  earlier  in  order  to  follow  up  on  the  implementation  of  the  CO2  and  cars 
strategy. 

•  Choice of instruments 

Proposed instrument: regulation. 

Other means would not be adequate for the following reasons: 

The  Regulation  comes  after  voluntary  commitments  taken  by  the  industry  have  been 
deemed  inappropriate  for  the  purpose  of  delivering  further  progress  as  part  of  the 
revised  CO2  and  cars  strategy  (legislative  framework  implementing  the  integrated 
approach). 

The  use  of  a  Regulation  is  considered  to  be  the  appropriate  legal  instrument  in 
providing the required assurance for compliance whilst not requiring the transposition 
into Member States’ legislation. The Community objective applies to the Community 
as a whole. It is, therefore, necessary to ensure that a uniform approach is applied in all 
Member  States.  Further,  a  harmonised  approach  is  required  in  order  to  avoid 
distortions of competition which could have impacts on the internal market. 

4)  BUDGETARY IMPLICATION 

Implementation of the proposal once adopted will require resources at the EU level to 
adequately  monitor  manufacturers'  performance  against  their  CO2  reduction  targets, 
and,  where  necessary,  to  administer  excess  emissions  premiums  provided  for  in  the 
legislation, which will be incorporated into the general EU budget.. 

5)  ADDITIONAL INFORMATION 

520 

•  Repeal of existing legislation 

The adoption of the proposal will lead to the repeal of existing legislation. 

•  Review/revision/sunset clause 

531 

The proposal includes a review clause. 

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560 

•  European Economic Area 

The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area. 

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2007/0297 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Setting emission performance standards for new passenger cars as part of the 
Community's integrated approach to reduce CO2 emissions from light-duty vehicles 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
95 thereof, 

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Economic and Social Committee4, 

Having regard to the opinion of the Committee of the Regions5, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty6, 

Whereas: 

(1) 

(2) 

The  objective  of  this  Regulation  is  to  set  emission  performance  standards  for  new 
passenger cars registered in the Community which ensures the proper functioning of 
the  internal  market  and  delivers  part  of  the  Community's  integrated  approach  to 
reducing CO2 emissions from light-duty vehicles.  

The  internal  market  comprises  an  area  without  internal  frontiers  in  which  the  free 
movement  of  goods,  persons,  services  and  capital  must  be  ensured.  The  Community 
has put in place a well-functioning internal market in the automotive sector, which has 
created a solid basis for uninterrupted intra-Community trade in automotive products. 
The  targets  for  CO2  emissions  should  be  harmonised to  avoid  differing  requirements 
between  Member  States,  to  preserve  the  achievements  of  the  internal  market  and 
ensure the free movement of passenger cars within the Community while ensuring a 
high level of environmental protection.  

(3) 

The United Nations Framework Convention on Climate Change, which was approved 
on behalf of the European Community by Council Decision 94/69/EC of 15 December 
1993  concerning  the  conclusion  of  the  United  Nations  Framework  Convention  on 

3 
4 
5 
6 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

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Climate Change,7 requires all parties to formulate and implement national and, where 
appropriate, regional programmes containing measures to mitigate climate change. In 
this  respect,  the  Commission  proposed  in  January  2007  that,  in  the  context  of 
international  negotiations,  the  EU  pursues  the  objective  of  a  30%  reduction  in 
greenhouse gas emissions by developed countries by 2020 (compared to 1990 levels) 
and  that  the  EU  should  make  a  firm  independent  commitment  to  achieve  at  least  a 
20% reduction of greenhouse gas emissions by 2020 (compared to 1990 levels).8 This 
objective was endorsed by the Council and the European Parliament.  

One  of  the  implications  of  those  commitments  is  for  all  Member  States  to  reduce 
significantly  emissions  from  passenger  cars.  Policies  and  measures  should  be 
implemented  at  Member  State  and  Community  level  across  all  sectors  of  the 
Community economy, and not only within the industry and energy sectors, in order to 
generate  the  substantial  reductions  needed.  Road  transport  is  the  second  largest 
greenhouse  gas  emitting  sector  in  the  EU  and  its  emissions  continue  to  rise.  If  the 
climate  change  impact  of  road  transport  continues  to  increase,  it  will  significantly 
undermine reductions made by other sectors to combat climate change. 

Adopting  Community  targets  for  new  passenger  cars  is  necessary  to  prevent 
fragmentation in the internal market resulting from the adoption of different measures 
at Member State level. Community targets provide manufacturers with more planning 
certainty and more flexibility to meet the CO2 reduction requirements than would be 
provided  by  separate  national  reduction  targets.  In  setting  emission  standards  it  is 
important  to  take  into  account  the  implications  for  markets  and  manufacturers’ 
competitiveness, the direct and indirect costs imposed on business and the benefits that 
accrue in terms of stimulating innovation and reducing energy consumption.  

This Regulation builds on a well-established process of measuring and monitoring the 
CO2  emissions  of  vehicle  manufacturers  at  European  level  in  accordance  with 
Decision  1753/2000/EC  of  the  European  Parliament  and  of  the  Council  of  22  June 
2000  establishing  a  scheme  to  monitor  the  average  specific  emissions  of  CO2  from 
new passenger cars9 and it is important that the setting of CO2 reduction requirements 
continues to provide Community-wide predictability and planning security for vehicle 
manufacturers across their new car fleet in the Community. 

The  Commission  adopted  a  Community  Strategy  for  reducing  CO2  emissions  from 
cars in 1995.10 The strategy was based on three pillars: voluntary commitments from 
the  car  industry  to  cut  emissions,  improvements  in  consumer  information  and  the 
promotion of fuel efficient cars via fiscal measures.  

In  1998,  the  European  Automobile  Manufacturers  Association  (ACEA)  adopted  a 
commitment  to  reduce  average  emissions  from  new  cars  sold  to  140  g  CO2/km  by 
2008 and, in 1999, the Japanese Automobile Manufacturers Association (JAMA) and 
Korean  Automobile  Manufacturers  Association  (KAMA)  adopted  a  commitment  to 
reduce  average  emissions  from  new  cars  sold  to  140  g  CO2/km  by  2009.  These 
commitments  were  recognised  by  Commission  Recommendation  1999/125/EC  of  5 

(4) 

(5) 

(6) 

(7) 

(8) 

7 
8 
9 
10 

OJ L 33, 7.2.1994, p. 11. 
COM(2007) 2. 
OJ L 202, 10.8.2000, p.1. 
COM(95) 689 final. 

EN 

12 

   EN 

 
                                                 
February  1999  on  the  reduction  of  CO2  emissions  from  passenger  cars11  (ACEA); 
Commission Recommendation 2000/303/EC of 13 April 2000 on the reduction of CO2 
emissions  from  passenger  cars  (KAMA)12  and  Commission  Recommendation 
2000/303/EC of 13 April 2000 on the reduction of CO2 emissions from passenger cars 
(JAMA13). 

(9) 

On  7  February  2007,  the  Commission  adopted  two  parallel  Communications:  a 
Communication  setting  out  the  results  of  the  review  of  the  Community  Strategy  to 
reduce  CO2  emissions  from  passenger  cars  and  light-commercial  vehicles14  and  a 
Communication  on  a  Competitive  Automotive  Regulatory  Framework  for  the  21st 
Century  CARS21.15  The  Communications  underlined  that  progress  had  been  made 
towards the target of 140 g CO2/km by 2008/2009, but that the Community objective 
of 120 g CO2/km would not be met by 2012 in the absence of additional measures. 

(10)  The  Communications  proposed  an  integrated  approach  with  a  view  to  reaching  the 
Community  target  of  120  g  CO2/km  by  2012  and  announced  that  the  Commission 
would  propose  a  legislative  framework  to  achieve  the  Community  objective  by 
focusing on mandatory reductions of emissions of CO2 to reach the objective of 130 g 
CO2/km  for  the  average  new  car  fleet  by  means  of  improvements  in  vehicle  motor 
technology.  Consistent  with  the  approach  under  the  voluntary  commitments  adopted 
by  the  manufacturers,  this  covers  those  elements  that  are  taken  into  account  in  the 
measurement  of  the  CO2  emissions  of  passenger  cars  in  accordance  with  Regulation 
(EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 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.16  A  further  reduction  of  10  g  CO2/km,  or  equivalent  if 
technically necessary, will be delivered by  other technological improvements and by 
an increased use of biofuels. In addition, consumer behaviour has an affect on overall 
emissions  from  passenger  cars  and  therefore  consumers  should  be  provided  with 
information regarding whether new passenger cars meet the emission targets set under 
this Regulation. 

(11)  The  legislative  framework  for  implementing  the  average  new  car  fleet  target  should 
ensure  competitively  neutral  and  socially  equitable  and  sustainable  reduction  targets 
which  are  equitable  to  the  diversity  of  the  European  automobile  manufacturers  and 
avoid  any  unjustified  distortion  of  competition  between  automobile  manufacturers. 
The legislative framework should be compatible with the overall objective of reaching 
the  EU’s  Kyoto  targets  and  should  be  complemented  by  other  more  use-related 
instruments such as differentiating car and energy taxes. 

(12) 

In order to maintain the diversity of the car market and its ability to cater for different 
consumer needs, CO2 targets for passenger cars should be defined as a function of the 
utility  of  the  cars  on  a  linear  basis.  To  describe  this  utility,  mass  is  the  most 
appropriate  parameter  because  it  provides  a  satisfactory  correlation  with  present 

11 
12 
13 
14 
15 
16 

C(1999) 107 OJ L 40, 13.2.1999. p. 49. 
C(2000) 803, OJ L 100, 20.4.2000, p. 55. 
C(2000) 801, OJ L 100, 20.4.2000, p. 57. 
COM(2007) 19 final. 
COM (2007) 22 final. 
OJ L 171, 29.6.2007, p.1. 

EN 

13 

   EN 

 
                                                 
emissions  and  would  therefore  result  in  more  realistic  and  competitively  neutral 
targets  and  because  data  on  mass  is  readily  available.  Data  on  the  alternative  utility 
parameter of footprint (track width times wheelbase) should, however, be collected in 
order  to  facilitate  longer-term  evaluations  of  the  utility-based  approach.  In  the 
establishment  of  the  targets,  the  projected  evolution  of  new  cars'  mass  until  2012 
should be taken into account, and potential incentives to increase vehicle mass just in 
order  to  benefit  from  a  consequential  increase  of  the  CO2  reduction  target  should  be 
avoided.  Therefore,  the  possible  future  autonomous  mass  increase  evolution  of 
vehicles  produced  by  the  manufacturers  and  sold  on  the  EU  market  should  be  taken 
into  account  when  defining  the  targets  for  2012.  Finally,  differentiation  of  targets 
should  encourage  emissions  reductions  to  be  made  in  all  categories  of  cars  while 
recognising that larger emission reductions can be made for heavier cars. 

(13)  The aim of this Regulation is to create incentives for the car industry to invest in new 
technologies. The Regulation actively promotes eco-innovation and takes into account 
future  technological  developments.  In  this  way,  the  competitiveness  of  the  European 
Industry is enhanced and more high-quality jobs created. 

(14)  To  provide  consistency  with  the  approach  adopted  under  the  Commission's  CO2  and 
cars strategy, in particular in relation to the voluntary commitments undertaken by the 
manufacturers  associations,  the  target  should  be  applied  to  new  passenger  cars 
registered in the Community for the first time and which, except for a limited period to 
avoid abuses, have not previously been registered outside the Community. 

(15)  Directive 2007/46/EC of the European Parliament and of the Council of 5 September 
2007  establishing  a  framework  for  the  approval  of  motor  vehicles  and  their  trailers, 
and  of  systems  components  and  separate  technical  units  intended  for  such  vehicles17 
establishes  a  harmonised  framework  containing  the  administrative  provisions  and 
general technical requirements for approval of all new vehicles within its scope. The 
entity responsible for complying with this Regulation should be the same as the entity 
responsible  for  all  aspects  of  the  type-approval  process  in  accordance  with  that 
Regulation and for ensuring conformity of production.  

(16)  Special  purpose  vehicles  to  which  specific  requirements  apply  for  the  purposes  of 
type-approval,  including  vehicles  built  specifically  for  commercial  purposes  to 
accommodate wheelchair use inside the vehicle in accordance with Community policy 
to help disabled persons, should be excluded from the scope of this Regulation.  

(17)  Manufacturers  should  have  flexibility  to  decide  how  to  meet  their  targets  under  this 
Regulation and should be allowed to average emissions over their new car fleet rather 
than  having  to  respect  CO2  targets  for  each  individual  car.  Manufacturers  should 
therefore be required to ensure that the average specific emission for all the new cars 
registered  in  the  Community  for  which  they  are  responsible  does  not  exceed  the 
average of the emissions targets for those cars.  

(18) 

In order to provide flexibility for manufacturers,  manufacturers  may  agree  to  form  a 
pool on an open, transparent and non-discriminatory basis for the purposes of meeting 
their targets under this proposal. An agreement to form a pool should not exceed five 

17 

OJ L 263, 9.10.2007, p.1. 

EN 

14 

   EN 

 
                                                 
years but may be renewed. Where manufacturers form a pool, manufacturers should be 
deemed  to  have  met  their  targets  under  this  Regulation  provided  that  the  average 
emissions of the pool as a whole do not exceed the target emissions for the pool. 

(19)  A robust compliance mechanism is necessary in order to ensure that the targets under 

this Regulation are met.  

(20)  The specific emissions of carbon dioxide from new passenger cars are measured on a 
harmonised  basis  in  the  Community  according  to  the  methodology  laid  down  in 
Regulation (EC) No 715/2007. To minimise the administrative burden of the scheme, 
compliance with the scheme should be measured by reference to data on registrations 
of  new  cars  in  the  Community  collected  by  Member  States  and  reported  to  the 
Commission.  To  ensure  the  consistency  of  the  data  used  to  assess  compliance,  the 
rules  for  the  collection  and  reporting  of  this  data  should  be  harmonised  as  far  as 
possible.  

(21)  Directive  2007/46/EC  provides  that  manufacturers  are  to  issue  a  certificate  of 
conformity  which  must  accompany  each  new  passenger  car  and  that  Member  States 
are to permit the registration and entry into service of a new passenger car only if it is 
accompanied  by  a  valid  certificate  of  conformity.  Data  collected  by  Member  States 
should be consistent with the certificate of conformity issued by the manufacturer for 
the passenger car.  

(22)  Manufacturers' compliance with the targets under this Regulation should be assessed 
at  the  Community  level.  Manufacturers  whose  average  specific  emissions  of  CO2 
exceed those permitted under this Regulation should pay an excess emissions premium 
in  respect  of  each  calendar  year  from  2012  onwards.  The  premium  should  be 
modulated as a function of the extent to which manufacturers fail to comply with their 
target. It should increase over time. In order to provide a sufficient incentive to take 
measures  to  reduce  specific  emissions  of  CO2  from  passenger  cars,  the  premium 
should  reflect  technological  costs.  The  amounts  of  the  excess  emissions  premium 
should be considered as revenue for the budget of the European Union. 

(23)  This  Regulation  should  be  without  prejudice  to  the  full  application  of  Community 

competition rules. 

(24)  Given  the  priority  inherently  attached  to  the  reduction  of  CO2  emissions,  the 
implementation  of  this  Regulation  at  Community  level  should  be  supported  by  the 
existing Community Financial Instrument for the Environment (LIFE+) in accordance 
with  the  rules  and  conditions  applicable  to  Regulation  (EC)  No  614/2007  of  the 
European  Parliament  and  of  the  Council  of  23  May  2007  concerning  the  Financial 
Instrument for the Environment (LIFE+).18 

(25)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission.19 

18 
19 

OJ L 149, 9.6.2007, p.1. 
OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11). 

EN 

15 

   EN 

 
                                                 
(26) 

In particular power should be conferred on the Commission to amend the monitoring 
and  reporting  requirements  in  the  light  of  the  experience  of  the  application  of  this 
Regulation, to establish methods for the collection of excess emissions premiums and 
to adopt detailed provisions for the improvement of the specialist derogation for small 
volume independent manufacturers. Since those measures are of general scope and are 
designed  to  amend  non-essential  elements  of  this  Regulation  and  to  supplement  this 
Regulation by the addition of new non-essential elements, they should be adopted in 
accordance with the regulatory procedure with scrutiny provided for in Article 5a of 
Decision 1999/468/EC. 

(27)  Decision  1753/2000/EC  should  be  repealed  for  reasons  of  simplification  and  legal 

clarity. 

(28)  Since the objective of the proposed action cannot be achieved by the Member States 
acting  individually,  and  can  therefore,  by  reason  of  the  scale  and  effects  of  the 
proposed  action,  be  better  achieved  at  Community  level,  the  Community  may  adopt 
measures, in accordance with the principle of subsidiarity as set out in Article 5 of the 
Treaty. In accordance with the principle of proportionality, as set out in that Article, 
this  Regulation  does  not  go  beyond  what  is  necessary  in  order  to  achieve  that 
objective. 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Subject matter and objectives 

This Regulation establishes CO2 emission performance requirements for new passenger cars 
in  order  to  ensure  proper  functioning  of  the  internal  market  and  achieve  the  EU's  overall 
objective that the average new car fleet should achieve CO2 emissions of 120 g CO2/km. The 
Regulation sets the average CO2 emissions for new passenger cars at 130 g CO2/km by means 
of improvement in vehicle motor technology as measured in accordance with Regulation (EC) 
No  715/2007  and  its  implementing  measures.  This  Regulation  will  be  complemented  by 
additional  measures  corresponding  to  10  g/km  as  part  of  the  Community's  integrated 
approach. 

Article 2 

Scope 

1. 

This Regulation shall apply to motor vehicles of category M1 as defined in Annex II 
to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and vehicles 
to  which  type-approval  is  extended  in  accordance  with  Article  2(2)  of  Regulation 
(EC) No 715/2007 ('passenger cars') which are registered in the Community for the 
first  time  and  which  have  not  previously  been  registered  outside  the  Community 
('new passenger cars').  

EN 

16 

   EN 

 
2. 

3. 

A  previous  registration  outside  the  Community  less  than  three  months  before 
registration in the Community shall not be taken into account.  

It does not apply to special purpose vehicles as defined in paragraph 5 of Annex II to 
Directive 2007/46/EC. 

Article 3 

Definitions  

1. 

For the purposes of this Regulation, the following definitions shall apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

'average  specific  emissions  of  CO2'  means,  in  relation  to  a  manufacturer,  the 
average of the specific emissions of CO2 of all new passenger cars for which it 
is the manufacturer;  

'certificate  of  conformity'  means  the  certificate  referred  to  in  Article  18  of 
Directive 2007/46/EC;20 

'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;  

'mass' means the mass of the car with bodywork in running order as stated in 
the certificate of conformity and defined in section 2.6 of Annex I to Directive 
2007/46/EC; 

'specific emissions of CO2' means the emissions of a passenger car measured in 
accordance with Regulation (EC) No 715/2007 and specified as the CO2 mass 
emission (combined) in the certificate of conformity; 

'specific emissions target' means, in relation to a manufacturer, the average of 
the specific emissions of CO2 permitted in accordance with Annex I in respect 
of  each  new  passenger  car  for  which  it  is  the  manufacturer  or,  where  the 
manufacturer is granted a derogation under Article 9, the specific emissions of 
CO2 permitted in accordance with that derogation. 

2. 

For  the  purposes  of  this  Regulation,  manufacturers  will  be  considered  to  be 
connected if they are connected undertakings. 'Connected undertakings' means: 

(a) 

undertakings  in  which  a  party  to  an  agreement  between  one  or  more 
undertakings, directly or indirectly: 

(i) has the power to exercise more than half the voting rights; or 

(ii)  has  the  power  to  appoint  more  than  half  the  members  of  the  supervisory 
the 

legally  representing 

board,  board  of  management  or  bodies 
undertaking; or 

20 

OJ L 263, 9.10.2007, p.1.  

EN 

17 

   EN 

 
                                                 
(iii) has the right to manage the undertaking's affairs; 

(b) 

(c) 

(d) 

undertakings which directly or indirectly have, over a party to such agreement, 
the rights or powers listed in point (a); 

undertakings  in  which  an  undertaking  referred  to  in  point  (b)  has,  directly  or 
indirectly, the rights or powers listed in point (a); 

undertakings in which a party to such agreement together with one or more of 
the undertakings referred to in points (a), (b) or (c), or in which two or more of 
the latter undertakings, jointly have the rights or powers listed in point (a); 

(e) 

undertakings in which the rights or the powers listed in (a) are jointly held by: 

(i)  parties  to  such  agreement  or  their  respective  connected  undertakings 

referred to in points (a) to (d); or 

(ii)  one  or  more  of  the  parties  to  such  agreement  or  one  or  more  of  their 
connected  undertakings  referred  to  in  points  (a)  to  (d)  and  one  or  more 
third parties. 

Article 4 

Specific emissions targets 

For the calendar year commencing 1 January 2012 and each subsequent calendar year, each 
manufacturer of passenger cars shall ensure that its average specific emissions of CO2 do not 
exceed  its  specific  emissions  target  determined  in  accordance  with  Annex  I  or,  where  a 
manufacturer  is granted a derogation under Article 9, in accordance with that derogation. 

Article 5 

Pooling  

1. 

2. 

Manufacturers,  other  than  manufacturers  which  have  been  granted  a  derogation 
under Article 9, may form a pool for the purposes of meeting their obligations under 
Article 4. 

An agreement to form a pool may relate to one or more calendar years provided that 
the overall duration of each agreement does not exceed five calendar years and must 
be  entered  into  on  or  before  31  December  in  the  first  calendar  year  for  which 
emissions would be pooled. Manufacturers which form a pool shall file information 
with the Commission: 

(a) 

specifying the manufacturers who will be included in the pool; 

(b) 

nominating  one  of  the  manufacturers  as  the  pool  manager  who  will  be  the 
contact  point  for  the  pool  and  will  be  responsible  for  paying  any  excess 
emissions premium imposed on the pool in accordance with Article 7; and 

EN 

18 

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(c) 

providing evidence that the pool manager will be able to fulfil the obligations 
under point (b).  

Where  the  proposed  pool  manager  fails  to  meet  the  requirements  of  point  (c)  of 
paragraph 2, the Commission shall notify the manufacturers.  

Manufacturers included in a pool shall jointly inform the Commission of any change 
to the pool manager or its financial status so far as it may affect its ability to meet the 
requirements of point (c) of paragraph 2, any changes to the membership of the pool 
or the dissolution of the pool.  

Manufacturers  may  enter  into  pooling  arrangements  provided  that  their  agreements 
are in  compliance with Articles 81 and 82  of the Treaty and that, they allow open, 
transparent  and  non-discriminatory  participation  on  commercially  reasonable  terms 
by any manufacturer requesting to become  a  member  of  the  pool.  Without  limiting 
the  general  applicability  of  EU  Competition  rules  to  such  pools,  all  members  of  a 
pool  shall  in  particular  ensure  that  no  data  sharing  nor  information  exchange  may 
occur in the context of their pooling arrangement, except the following information: 

(i) average specific emissions of CO2; 

(ii) the specific emissions target; 

(iii) total number of vehicles registered. 

Paragraph  5  shall  not  apply  where  all  the  manufacturers  included  in  the  pool  are 
connected undertakings. 

Except where notification is given under paragraph 3, the manufacturers in a pool for 
which information is filed with the Commission shall be considered as if they were 
one manufacturer for the purposes of this Regulation. 

Article 6 

Monitoring and reporting of average emissions  

For the year beginning 1 January 2010 and each subsequent year, each Member State 
shall  record  information  for  each  new  passenger  car  registered  in  its  territory  in 
accordance with Part A of Annex II. 

By  28  February  2011  and  each  subsequent  year,  the  Member  State  shall  determine 
and transfer to the Commission the information listed in Part B of Annex II in respect 
of the preceding calendar year. The data shall be transmitted in accordance with the 
format specified in Part C of Annex II.  

On request from the Commission, a Member State shall also transmit the full set of 
data collected pursuant to paragraph 1.  

3. 

4. 

5. 

6. 

7. 

1. 

2. 

3. 

EN 

19 

   EN 

 
4. 

The Commission shall keep a central register of the data reported by Member States 
under this Article and by 30 June 2011 and each subsequent year shall provisionally 
calculate for each manufacturer:  

(a) 

the  average  specific  emissions  of  CO2  in  the  preceding  calendar  year  in  the 
Community; 

(b) 

the specific emissions target in the preceding calendar year; and 

(c) 

the difference between its average specific emissions of CO2 in the preceding 
calendar year and its specific emissions target for that year.  

The Commission shall notify each manufacturer of its provisional calculation for that 
manufacturer. The notification shall include data per Member State on the number of 
new passenger cars registered and their specific emissions of CO2.  

The register shall be publicly available. 

Manufacturers may, within 2 months of being notified of the provisional calculation 
under  paragraph  4,  notify  the  Commission  of  any  errors  in  the  data  specifying  the 
Member State in which it considers that the error occurred.  

The Commission shall consider any notifications from manufacturers and shall by 30 
September  either  confirm  or  amend  and  confirm  the  provisional  calculations  under 
paragraph 4. 

Where, on the basis of the calculations under paragraph 5, in relation to the calendar 
year  2010  or  2011,  it  appears  to  the  Commission  that  a  manufacturer's  average 
specific emissions of CO2 in that year exceeded its specific emissions target for that 
year, the Commission shall notify the manufacturer. 

Member  States  shall  designate  a  competent  authority  for  the  collection  and 
communication of the monitoring data in accordance with this Regulation and shall 
inform the Commission of the competent authority designated no later than 6 months 
after the entry into force of this Regulation. 

The  Commission  may  adopt  detailed  rules  on  the  monitoring  and  reporting  of  data 
under  this  Article  and  on  the  application  of  Annex  II  in  accordance  with  the 
procedure referred to in Article 12(2).  

The  Commission  may  amend  Annex  II  in  the  light  of  the  experience  of  the 
application  of  this  Regulation.  Those  measures  designed  to  amend  non-essential 
elements  of  this  Regulation  shall  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny referred to in Article 12(3). 

5. 

6. 

7. 

8. 

EN 

20 

   EN 

 
Article 7 

Excess Emissions Premium  

1. 

2. 

In  respect  of  each  calendar  year  from  2012  onwards  for  which  a  manufacturer's 
average  specific  emissions  of  CO2  exceed  its  specific  emissions  target  in  that  year, 
the Commission shall impose an excess emissions premium on the manufacturer or, 
in the case of a pool, the pool manager.  

The  excess  emissions  premium  under  paragraph  1  shall  be  calculated  using  the 
following formula:  

Excess  emissions  x  number  of  new  passenger  cars  x  excess  emissions  premium 
prescribed in paragraph 3. 

Where:  

'Excess emissions' means the positive number of grams per kilometre by which the 
manufacturer's  average  specific  emissions  exceeded  its  specific  emissions  target  in 
the calendar year rounded to the nearest three decimal places; and 

'Number of new passenger cars' means the number of new passenger cars for which it 
is the manufacturer and which were registered in that year. 

3. 

The excess emissions premium shall be: 

(a) 

in relation to excess emissions in the calendar year 2012, 20 euros; 

(b) 

in relation to excess emissions in the calendar year 2013, 35 euros;  

(c) 

(d) 

in relation to excess emissions in the calendar year 2014, 60 euros; and 

in  relation  to  excess  emissions  in  the  calendar  year  2015  and  subsequent 
calendar years, 95 euros. 

4. 

The  Commission  shall  establish  methods  for  the  collection  of  excess  emissions 
premiums under paragraph 1.  

Those  measures  designed  to  amend  non-essential  elements  of  this  Regulation,  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 12(3).  

5. 

The amounts of the excess emissions premium shall be considered as revenue for the 
budget of the European Union.  

EN 

21 

   EN 

 
Article 8  

Publication of performance of manufacturers  

1. 

By 31 October 2011 and each subsequent year, the Commission shall publish a list 
indicating for each manufacturer: 

(a) 

its specific emission target for the preceding calendar year; 

(b) 

(c) 

(d) 

its average specific emissions of CO2 in the preceding calendar year; 

the difference between its average specific emissions of CO2 in the preceding 
calendar year and its specific emissions target in that year; and 

the  average  specific  emissions  of  CO2  for  all  new  passenger  cars  in  the 
Community in the previous calendar year. 

2. 

From  the  31  October  2013,  the  list  published under  paragraph  1  shall  also  indicate 
whether or not the manufacturer has complied with the requirements of Article 4 in 
respect of the preceding calendar year.  

Article 9  

Specialist derogation for small volume independent manufacturers 

1. 

An  application  for  a  derogation  from  the  specific  emissions  target  calculated  in 
accordance with Annex I may be made by a manufacturer which: 

(a) 

is  responsible  for  less  than  10,000  new  passenger  cars  registered  in  the 
Community per calendar year; and  

(b) 

is not connected to another manufacturer.  

2. 

An application for a derogation under paragraph 1 may relate to a maximum of five 
calendar years. An application shall be made to the Commission and shall include:  

(a) 

name and contact person for the manufacturer; 

(b) 

evidence that the manufacturer is eligible for a derogation under paragraph 1;  

(c) 

(d) 

details  of  the  passenger  cars  which  it  manufactures  including  the  mass  and 
specific emissions of CO2 of those passenger cars; and 

a specific emissions target consistent with its reduction potential, including the 
technological potential to reduce its specific emissions of CO2. 

3. 

Where  the  Commission  considers  that  the  manufacturer  is  eligible  for  a  derogation 
under paragraph 1 and is satisfied that the specific emissions target proposed by the 
manufacturer  is  consistent  with  its  reduction  potential,  including  the  technological 
potential  to  reduce  its  specific  emissions  of  CO2,  the  Commission  shall  grant  a 

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4. 

5. 

6. 

7. 

derogation  to  the  manufacturer.  The  derogation  shall  apply  from  1  January  of  the 
year following the application. 

A manufacturer which is subject to a derogation in accordance with this Article shall 
notify  the  Commission  immediately  of  any  change  which  affects  or  may  affect  its 
eligibility for a derogation. 

Where  the  Commission  considers,  whether  on  the  basis  of  a  notification  under 
paragraph 4 or otherwise, that a manufacturer is no longer eligible for the derogation, 
it shall revoke the derogation with effect from the 1 January in the next calendar year 
and shall notify the manufacturer. 

Where  the  Commission  considers  that  the  manufacturer  is  not  giving  effect  to  the 
programme  of  reduction  set  out  in  its  application,  the  Commission  may  revoke  the 
derogation. 

The  Commission  may  adopt  detailed  provisions  for  the  implementation  of 
paragraphs  (1)  to  (6)  including  the  interpretation  of  the  criteria  for  eligibility  for  a 
derogation,  the  content  of  applications  and  on  the  content  and  assessment  of 
programmes for the reduction of specific emissions of CO2.  

Those  measures,  designed  to  amend  non-essential  elements  of  this  Regulation,  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 12(3). 

Article 10  

Review and report 

1. In 2010, the Commission shall submit a report to the European Parliament and the Council 
reviewing  the  progress  made  to  implement  the  Community's  Integrated  Approach  to  reduce 
the CO2 emissions from light-duty vehicles. 

2.  In  2010,  the  Commission  shall  assess,  on  the  basis  of  data  reported  under  Decision 
1753/2000/EC, whether between 2006 and 2009 there has been a change in the mass of new 
passenger cars greater or less than 0.  

If there has been a change in the mass of new passenger cars, the figure for autonomous mass 
increase  in  Annex  I  shall  be  amended  to  be  the  average  of  the  annual  changes  in  the  mass 
between the calendar year 2006 to 2009.  

Such  amendment,  designed  to  amend  the  non-essential  elements  of  this  Regulation  shall  be 
adopted in accordance with the regulatory power with scrutiny referred to in Article 12(3). 

The  Commission  shall  review  technological  developments  with  a  view  to  amending, 
3. 
as  appropriate,  the  provisions  of  Regulation  EC  No  715/2007  on  type  approval  of  motor 
vehicles.  

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 Article 11 

Consumer information 

From 1 January 2010, manufacturers shall ensure that labels, posters or promotional literature 
and material of the type referred to in articles 3, 5 and 6 of Directive 1999/94/EC indicate the 
extent to which the specific emissions of CO2 of the passenger car offered for sale differ from 
the specific emissions target for that passenger car under Annex I. 

Article 12 

Committee 

1. 

2. 

3. 

The  Commission  shall  be  assisted  by  the  committee  instituted  by  Article  8  of 
Decision 93/389/EEC. 

Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 
1999/468/EC shall apply, having regard to Article 8 thereof. 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three 
months. 

Where  reference  is  made  to  this  paragraph,  Article  5a(1)  to  (4)  and  Article  7  of 
Decision  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof. 

Article 13 

Community financing 

The implementation of this Regulation at Community level shall be supported by the existing 
Community Financial Instrument for the Environment (LIFE+) in accordance with the rules 
and conditions applicable to Regulation (EC) No 614/2007. 

Article 14 

Repeal 

Decision No 1753/2000/EC shall be repealed with effect from 1 January 2010.  

However, Articles 4, 9 and 10 of that Decision shall continue to apply until the Commission 
has  submitted  a  report  on  monitoring  data  for  the  calendar  year  2009  to  the  European 
Parliament. 

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Article 15 

Entry into force 

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

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

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ANNEX I 

SPECIFIC CO2 EMISSIONS TARGETS 

1. 

For  each  new  passenger  car,  the  permitted  specific  emissions  of  CO2,  measured  in 
grams per kilometre shall be determined in accordance with the following formula:  

Permitted specific emissions of CO2 = 130 + a × (M – M0)  

Where:  

M = mass of the vehicle in kilograms (kg) 

M0 = 1289.0 × f 

f = (1 + AMI)6 

Autonomous mass increase (AMI) = 0 % 

a = 0.0457 

2. 

The  specific  emissions  target  for  a  manufacturer  in  a  calendar  year  shall  be 
calculated as the average of the permitted specific emissions of each new passenger 
car for which it is the manufacturer in that calendar year. 

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ANNEX II 

MONITORING AND REPORTING EMISSIONS 

PART A – Collection of data on new passenger cars and determination of CO2 monitoring 

information 

1. 

For  the  year  beginning  1  January  2010  and  each  subsequent  year,  Member  States 
shall  record  the  following  details  for  each  new  passenger  car  registered  in  its 
territory: 

(a) 

the manufacturer;  

(b) 

its type, variant and version; 

(c) 

its specific emissions of CO2(g/km); 

(d) 

its mass (kg); 

(e) 

its wheel base (mm); and 

(f) 

its track width (mm). 

2. 

3. 

The  details  referred  to  in  paragraph  1  shall  be  taken  from  the  certificate  of 
conformity  for  the  relevant  passenger  car.  Where  the  certificate  of  conformity 
specifies  both  a  minimum  and  a  maximum  mass  for  a  passenger  car,  the  Member 
States shall use only the maximum figure for the purpose of this Regulation.  

For  the  year  beginning  1  January  2010  and  each  subsequent  year,  Member  States 
shall  determine,  in  accordance  with  the  methods  described  in  Part  B,  by 
manufacturer: 

(a) 

the total number of new passenger cars registered in its territory;  

(b) 

the average specific emissions for CO2, as specified in paragraph 7 of Part B of 
this Annex; 

(c) 

the average mass, as specified in paragraph 8 of Part B of this Annex; 

(d) 

for each variant of each version of each type of new passenger car: 

(i)  the  total  number  of  new  passenger  cars  registered  in  its  territory,  as 

specified in paragraph 7 of Part B of this Annex; 

(ii) the specific emissions of CO2;  

(iii) the mass; 

(iv) the footprint of the car, as specified in paragraph 9 of Part B of this Annex. 

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PART B – Methodology for determining CO2 monitoring information for new passenger cars 

1. 

2. 

3. 

Monitoring  information  which  Member  States  are  required  to  determine  in 
accordance  with  paragraph  3  of  part  A  shall  be  determined  in  accordance  with  the 
methodology in this Part. 

Number of new passenger cars registered (N). 

Member States shall determine the number of new passenger cars registered within 
their territory in the respective monitoring year, N.  

Average specific CO2 emissions of new passenger cars (S,ave) 

The average specific CO2 emissions of all new passenger cars newly registered in a 
Member States’ territory in the monitoring year (S,ave) is calculated by  dividing the 
sum  of  the  specific  CO2  emissions  of  each  individual  new  passenger  car,  S,  by  the 
number of new passenger cars, N. 

Save = (1/ N) × Σ S 

Average mass of new passenger cars 

The average mass of all new passenger cars registered in a Member States’ territory 
in the monitoring year (M,ave) is calculated by dividing the sum of the mass of each 
individual new passenger car, M, by the number of new passenger cars, N. 

Mave = (1/ N) × Σ M 

The distribution by variant of new passenger cars 

4. 

For each of variant of each version of each type of new passenger car, the number of 
newly registered passenger cars, the mass of the vehicles, the specific emissions of 
CO2 and the footprint of the car are to be recorded. 

Footprint 

The footprint of the car shall be calculated by multiplying the wheelbase of the car 
by the track width of the car.  

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PART C – Format for the transmission of data 

1. 

For each manufacturer, for each year, Member States shall report the data described 
in paragraph 3 of part A in the following formats: 

–  Aggregated data: 

Year: 

Total number 
of new 
passenger 
cars 
registered 

Average 
specific CO2 
emissions 
(g/km) 

Average 
mass 
(kg) 

Average 
footprint (m2) 

… 
… 
… 
… 

… 
… 
… 
… 

… 
… 
… 
… 

… 
… 
… 
… 

Manufacturer 

(Manufacturer 1) 
(Manufacturer 2) 
… 
Total all 
manufacturers 

–  Detailed data at manufacturer level: 

Year  Manufacturer 

Year 
1 

Year 
1 

Year 
1 

Year 
1 

Year 
1 

Year 
1 

Year 
1 

Year 
1 

Year 
1 

Year 
1 

Year 
1 

Year 
1 

Year 
1 

(Name of 
manufacturer 1) 

(Name of 
manufacturer 1) 

(Name of 
manufacturer 1) 

(Name of 
manufacturer 1) 

(Name of 
manufacturer 1) 

(Name of 
manufacturer 1) 

(Name of 
manufacturer 1) 

(Name of 
manufacturer 1) 

(Name of 
manufacturer 1) 

(Name of 
manufacturer 1) 

(Name of 
manufacturer 1) 

(Name of 
manufacturer 1) 

(Name of 
manufacturer 1) 

Type of 
car 

(name of 
type 1) 

(name of 
type 1) 

(name of 
type 1) 

(name of 
type 1) 

(name of 
type 2) 

(name of 
type 2) 

(name of 
type 2) 

(name of 
type 2) 

… 

… 

Version 

Variant  Make 

Commer-
cial 
name 

Total 
new 
regis-
trations 

Specific 
CO2 
emissions 
(g/km) 

Mass 
(kg) 

Foot-
print 
(m2) 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

(name of 
version 1) 

(name of 
variant 1) 

(name of 
version 1) 

(name of 
variant 2) 

(name of 
version 2) 

(name of 
variant 1) 

(name of 
version 2) 

(name of 
variant 2) 

(name of 
version 1) 

(name of 
variant 1) 

(name of 
version 1) 

(name of 
variant 2) 

(name of 
version 2) 

(name of 
variant 1) 

(name of 
version 2) 

(name of 
variant 2) 

… 

… 

… 

… 

… 

… 

… 

… 

29 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

… 

   EN 

EN 

 
 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  to 
reduce CO2 emissions from passenger cars 

2. 

ABM / ABB FRAMEWORK: 

Policy Area(s) concerned and associated Activity/Activities: 

0703 – Implementation of Environmental Policy 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- BA lines)) including headings: 

07 01 04 01: LIFE+ (Financial Instrument for the Environment — 2007 to 2013) — 
Expenditure on administrative management – Heading 2 

07  03  07:  LIFE+  (Financial  Instrument  for  the  Environment  —  2007  to  2013)  – 
Heading 2 

3.2. 

Duration of the action and of the financial impact: 

The action (Regulation of the European Parliament and of the Council to reduce CO2 
emissions from passenger cars) is expected to come into force in 2010. For the period 
2010  –  2013,  operational  expenditure  will  be  covered  under  the  LIFE  +  Financial 
instrument. 

3.3. 

Budgetary characteristics: 

Budget line  Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

07 01 04 01 

Non-comp 

Non-
diff21 

NO 

07 03 07 

Non-comp 

Diff/ 

NO 

NO 

NO 

YES 

YES 

No 2 

No 2 

21 

Non-differentiated appropriations hereafter referred to as NDA 

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4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 3 decimal places) 

Expenditure type 

Section 
no. 

2010 

2011 

2012 

2013 

2014 

Total 

2015 
and 
later 

Operational expenditure22 

Commitment Appropriations 
(CA) 

8.1. 

Payment 
(PA) 

Appropriations 

a 

b 

0,400  0,200 

0,200 

0,300 

0,300 

0,300 

1,700 

0,240  0,200 

0,240 

0,260 

0,280 

0,480 

1,700 

Administrative expenditure within reference amount23 

Technical  &  administrative 
assistance (NDA) 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

- 

- 

- 

- 

- 

- 

- 

Commitment 
Appropriations 

0,400  0,200 

0,200 

0,300 

0,300 

0,300 

1,700 

a+c 

Payment Appropriations 

b+c  0,240  0,200 

0,240 

0,260 

0,280 

0,480 

1,700 

Administrative expenditure not included in reference amount24 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

8.2.5. 

d 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
reference 
in 
included 
amount (NDA) 

costs, 

8.2.6. 

e 

0,351  0,351 

0,351 

0,585 

0,585 

0,585 

2,808 

0,125  0,095 

0,065 

0,068 

0,068 

0,068 

0,489 

Total indicative financial cost of intervention 

TOTAL CA including cost 
of Human Resources 

TOTAL  PA  including  cost 
of Human Resources 

a+c
+d+
e 

b+c
+d+
e 

0,876  0,646 

0,616 

0,953 

0,953 

0,953 

4,997 

0,716  0,646 

0,656 

0,913 

0,933 

1,133 

4,997 

22 
23 
24 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

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Co-financing details 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please 
specify  which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in 
the table below (additional lines may be added if different bodies are foreseen for the 
provision of the co-financing): 

EUR million (to 3 decimal places) 

n + 1 

n + 2 

n + 3 

n + 4 

Year 
n 

n  +  5 
and 
later 

Total 

Co-financing body 

…………………… 

TOTAL  CA  including  co-
financing 

f 

a+c
+d+
e+f 

4.1.2.  Compatibility with Financial Programming 

(cid:59) 

(cid:133) 

(cid:133) 

Proposal is compatible with existing financial programming until 2013. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement25 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

(cid:59) 

(cid:133) 

Proposal has no financial implications on revenue 

Proposal has financial impact – the effect on revenue is as follows: 

Budget line 

Revenue 

EUR million (to one decimal place) 

Prior to
action 
[Year n-
1] 

[Year 
n] 

Situation following action 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

[n+5]26

a) Revenue in absolute terms 

b) Change in revenue 

 Δ 

The  Regulation  is  designed  in  a  way  that  will  ensure  maximal  compliance  by  all 
manufacturers  and  as  a  result  it  is  not  expected  that  revenues  will  be  generated  through  the 
Excess Emission Premiums foreseen under Article 7. However, in the event that revenues are 

25 
26 

See points 19 and 24 of the Interinstitutional agreement. 
Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
generated  by  the  implementation  of  the  provisions  of  this  article,  they  will  be  incorporated 
into  the  general  EU  budget.  The  impact  assessment  accompanying  the  proposal  provides 
ranges  of  potential  total  Excess  Emission  Premiums  that  could  be  due  in  case  of  non-
compliance. 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

2010 

2011 

2012 

2013 

2014 

2015 
and 
later 

Total  number  of  human 
resources 

3 

3 

3 

5 

5 

5 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

The  overall  objective  of  this  Regulation  is  to  limit  the  average  emissions  from  the 
average  new  car  fleet  to  130g  CO2/km  by  2012.  This  is  part  of  an  integrated 
approach  and  will  be  complemented  by  measures  delivering  an  additional  10g 
CO2/km in order to meet the Community objective of 120 g CO2/km, as foreseen in 
the Commission's Communication on a revised CO2 and cars strategy of 7 February 
2007 (COM(2007) 19). 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

The  Community  has  a  long-standing  target  to  reduce  the  average  CO2  emissions 
from  new  cars  in  the  Community  and  the  Council  and  European  Parliament  have 
called  upon  the  Commission  to  make  a  proposal  for  legislation  on  this  matter.  The 
objectives  of  the  proposal  cannot  be  sufficiently  achieved  by  the  Member  States 
because of the need to avoid the emergence of barriers to the single market, the trans-
boundary  nature  of  climate  change  and  the  important  variations  in  the  current 
national  averages  of  specific  emissions  of  CO2  for  new  passenger  cars.  Besides 
adopting targets for CO2 emissions from cars at the Community level will allow for 
more  flexibility  to  manufacturers  in  implementing  the  required  CO2  reductions 
across their the new car fleet in the Community rather than having specific strategies 
for specific national reduction objectives. 

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

The proposal pursues the following general policy objectives: 

Providing for a high level of environmental protection in the European Union 

- 
and contributing to reaching the EU's Kyoto targets, 

EN 

33 

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- 

Improving the EU energy security of supply, 

Fostering  the  competitiveness  of  the  European  automotive  industry  and 

- 
encouraging research into fuel efficiency technologies. 

The  specific  objective  of  the  proposal  is  to  reduce  the  climate  change  impacts  and 
improve the fuel efficiency of passenger cars by reaching the objective of an average 
emission  value  of  130  g  CO2/km  for  newly  sold  cars.  This  average  emission  value 
will  be  the  indicator  against  which  the  implementation  of  the  proposal  will  be 
followed. 

5.4.  Method of Implementation (indicative) 

(cid:59)  Centralised Management 

(cid:59) 

directly by the Commission 

(cid:133) 

indirectly by delegation to: 

(cid:133) 

executive Agencies 

(cid:133) 

bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member states 

(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Relevant comments: 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The  proposal  will  build  upon  an  already  existing  monitoring  scheme  that  was  established 
earlier in order to follow the implementation of the CO2 and cars strategy. It is based on data 
reported to the Commission by Member States concerning the registrations of new cars and 
their characteristics, including specific CO2 emissions. 

Contracts signed by the Commission for the purpose of the implementation of the Directive 
shall provide for supervision and financial control by the Commission (or any representative 
authorized by it) and audits by the Court of Auditors, if necessary on-the-spot. 

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6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

See Impact Assessment accompanying this proposal as a Commission Staff Working 
Paper. The impacts of all measures proposed were assessed from an economic, social 
and environmental point of view. 

6.2.2.  Measures taken following an intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

6.2.3.  Terms and frequency of future evaluation 

The measure will be reviewed in accordance with Article 10. 

7. 

ANTI-FRAUD MEASURES  

Full application of internal control standards No 14, 15, 16, 18, 19, 20, 21, as well as of the 
principles  of  the  Council  Regulation  (EC,  Euratom)  No  1605/2002  on  the  Financial 
Regulation applicable to the general budget of the European Communities. 

The  Commission  shall  ensure  that,  when  actions  financed  under  the  present  proposal  are 
implemented,  the  financial  interests  of  the  Community  are  protected  by  the  application  of 
preventive  measures  against  fraud,  corruption  and  any  other  illegal  activities,  by  effective 
checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by 
effective, proportional and dissuasive penalties, in accordance with Council Regulations (EC, 
Euratom)  No  2988/95  and  (Euratom,  EC)  No  2185/96,  and  with  Regulation  (EC)  No 
1073/1999 of the European Parliament and of the Council. 

In order to prevent fraud in the implementation of Article 7, a robust monitoring and reporting 
system is foreseen under Article 6 and related Annex II. Furthermore, Paragraph 8 of Article 6 
foresees that the Commission may adopt guidelines on monitoring and reporting that Member 
States will be required to respect. 

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8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

(Headings  of  Objectives, 
actions  and  outputs  should 
be provided) 

Type of output 

Av. 
cost 

Year 2010 

Year 2011 

Year 2012 

Year 2013 

Year 2014 

Year 2015 and 
later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

Commitment appropriations in EUR million (to 3 decimal places) 

OPERATIONAL 
OBJECTIVE 
– 
implementation  of  reporting 
and monitoring system 

No.1 

Action  1  –  collection  and 
analysis of data 

review changes to the mass 
of new passenger cars 
(article 10) 

Study 

0,20 

1 

0,200 

1 

0,20 

Collection and analysis of 
data received - central 
register of data 

Service  and  IT 
system 

0,20 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,300 

1 

0,300 

1 

0,300 

6 

1,500 

TOTAL COST 

0,400 

0,200 

0,200 

0,300 

0,300 

0,300 

1,700 

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8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing and/or 
additional resources (number of posts/FTEs) 

2010 

2011 

2012 

2013 

2014 

2015 

2 

1 

2 

1 

2 

1 

4 

1 

4 

1 

4 

1 

Officials or 
temporary 
staff27 (XX 01 
01) 

A*/AD 

B*, 
C*/AST 

Staff  financed28  by  art. 
XX 01 02 

Other  staff29  financed by 
art. XX 01 04/05 

TOTAL 

3 

3 

3 

5 

5 

5 

8.2.2.  Description of tasks deriving from the action 

In the first years (2010-2012), the main tasks deriving from the action will be linked 
to  the  consolidation  of  the  monitoring  scheme  by  providing  guidance  to  Member 
States and building upon the earlier monitoring activities of Member States that had 
been  established  by  Decision  1753/2000/EC  (to  be  repealed  by  the  Regulation).  In 
addition  to  the  monitoring  guidance,  the  Commission  will  have  to  keep  a  central 
register of the data reported, notify car manufacturers of the data relating to them as 
reported by Member States, make the data publicly available and from 2011 onwards 
publish yearly monitoring report. In addition, from 2013 onwards, the collection of 
Excess Emission Premiums in case of non-compliance will have to be ensured.  

8.2.3. 

Sources of human resources (statutory) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:59) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

27 
28 
29 

Cost of which is NOT covered by the reference amount 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 

EN 

37 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(cid:133) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

EN 

38 

   EN 

 
8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 

(number and heading) 

EUR million (to 3 decimal places) 

Year 
2010 

Year 
2011 

Year 
2012 

Year 
2013 

Year 
2014 

Year 
2015  

and 
later 

TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies30 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

0 

0 

0 

0 

0 

0 

0 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

Type of human resources 

2010 

2011 

2012 

2013 

2014 

2015 and 
later 

EUR million (to 3 decimal places) 

0,351 

0,351 

0,351 

0,585 

0,585 

0,585 

Officials  and  temporary  staff 
(XX 01 01) 

Staff  financed  by  Art  XX  01 
02  (auxiliary,  END,  contract 
staff, etc.) 

(specify budget line) 

cost 

Total 
of  Human 
Resources  and  associated 
costs 
in  reference 
amount) 

(NOT 

0,351 

0,351 

0,351 

0,585 

0,585 

0,585 

30 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

39 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation– Officials and Temporary agents 

Reference should be made to Point 8.2.1, if applicable 

The standard salary for 1 official or temporary staff as foreseen in Point 8.2.1 is 0,117 M€. 

Calculation– Staff financed under art. XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

2010 

2011 

2012 

2013 

2014 

2015 
and 
later 

2010 - 
2015 

XX 01 02 11 01 – Missions 

0,005 

0,005 

0,005 

0,008 

0,008 

0,008 

0,039 

XX 01 02 11 02 – Meetings & Conferences 

0,060 

0,030 

0,030 

0,030 

0,030 

0,030 

0,210 

XX 01 02 11 03 – Committees31  

0,060 

0,060 

0,030 

0,030 

0,030 

0,030 

0,240 

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2 

Total 

Other  Management 

Expenditure (XX 01 02 11) 

3  Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

expenditure, 
than  human  resources  and 
in 

Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

included 

0,125 

0,095 

0,065 

0,068 

0,068 

0,068 

0,489 

Calculation - Other administrative expenditure not included in reference amount 

From  2010  to  2012,  5  missions  per  year  at  cost  of  EUR  1.000  per  mission.  From  2013 
onwards, 8 missions per year. 

31 

Specify the type of committee and the group to which it belongs. 

EN 

40 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Meetings of the Regulatory Committee established under the Regulation (unit cost: 30.000 € 
per meeting) are foreseen twice every year for the first two years, and once a year afterwards. 

Expert  meetings  on  specific  subjects  for  the  implementation  of  the  Regulation  (unit  cost: 
30.000 € per meeting) are foreseen twice in 2010, and once a year afterwards. 

The needs for human and administrative resources shall be covered within the allocation that 
can be granted to the managing DG in the framework of the annual allocation procedure in the 
light of budgetary constraints. 

EN 

41 

   EN