Proposal for a Regulation of the European Parliament and of the Council setting emission performance standards for new light commercial vehicles as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles {SEC(2009) 1454} {SEC(2009) 1455}
Date: 2009-09-30
Institutions: European Commission
Subjects: EU environmental policy, air quality, commercial vehicle, environmental standard, greenhouse gas, reduction of gas emissions, technical regulations

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.10.2009 
COM(2009) 593 final 

2009/0173 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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

{SEC(2009) 1454} 
{SEC(2009) 1455} 

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EXPLANATORY MEMORANDUM 

Context of the proposal 

•  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 objective of 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  Change1,  is  to  stabilise  greenhouse  gas  concentrations  in  the  atmosphere  at  a  level 
that would prevent dangerous anthropogenic interference with the climate system. In order to 
meet  this  objective  the  overall  global  annual  mean  surface  temperature  increase  should  not 
exceed  2ºC  above  pre-industrial  levels.  The  fourth  IPCC  Assessment  Report  shows  that  in 
order to reach that objective, global emissions of greenhouse gases must peak by 2020. The 
European Council of March 2007 made a firm commitment to reduce the overall greenhouse 
gas  emissions  of  the  Community  by  at  least  20%  below  1990  levels  by  2020  and  by  30% 
provided  that  other  developed  countries  commit  themselves  to  comparable  emission 
reductions  and  economically  more  advanced  developing  countries  contribute  according  to 
their respective capabilities. The Climate and Energy Package agreed in December last year 
enshrined  these  targets  in  law.  Decision  406/2009/EC  provides  for  an  average  reduction  of 
10%  compared  to  2005  levels  in  the  sectors  not  covered  by  the  EU  Emissions  Trading 
Scheme,  including  road  transport.  One  of  the  implications  of  those  commitments  is  that  all 
Member States will need to significantly reduce emissions from road transport.  

Light  commercial  vehicles  are  mainly  used  by  businesses,  including  small  and  medium 
enterprises  and  currently  light  commercial  vehicles  make  up  around  12%  of  the  fleet.  The 
services  provided  by  light  commercial  vehicles  are  indispensable  for  meeting  people's 
everyday  needs.  Road  transport  is  a  significant  source  of  employment  and  growth  in  many 
regions  of  the  EU.  However,  vehicle  usage  also  has  significant  impacts  on  climate  change. 
The  share  of  light  commercial  vehicles  in  the  total  registrations  of  light-duty  vehicle  fleet 
(passenger cars and light commercial vehicles) increased at a steady rate from 1995 to 2007. 
The  average  reduction  of  CO2  emissions  over  2002-2007  for  light  commercial  vehicles 
amounted to 0.4-0.5% per year, and these very limited improvements in fuel efficiency have 
been offset 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  9%  over  the  1990-
2007  period  and  emissions  have  been  declining  in  non-transport  sectors,  the  CO2  emissions 
from  transport  have  increased  by  29%.  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 
overall Community objective of average new passenger car emissions of 120 g CO2/km. 

The objective of this proposal is to reduce the average CO2 emissions from light commercial 
vehicles to 175g CO2/km from 2014 phased-in to 2016. This proposal is part of the integrated 
approach proposed by the Commission and contributes to delivering the 10g CO2/km required 

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OJ L 33, 7.2.1994, p. 11. 

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in  order  to  meet  the  Community  objective  of  120  g  CO2/km,  as  set  out  in  Communication 
COM(2007) 19. 

Adopting  Community  targets  for  new  light  commercial  vehicles  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.  

Furthermore, setting CO2 emission standards for new light commercial vehicles is necessary 
to prevent a risk of regulatory gap resulting from certain overlap between the registrations for 
passenger cars and light commercial vehicles. Currently many vehicles that are homologated 
as  passenger  cars  are  registered  as  light  commercial  vehicles,  often  to  take  advantage  of 
reduced taxation or other fiscal incentives. Although the scope of the legislation on passenger 
cars (like this proposal) is linked to the type of vehicle as type-approved (irrespective of how 
it is registered), the absence of regulation for LCVs could create a significant risk of market 
responses  to  type-approve  larger  passenger  cars  as  light  commercial  vehicles.  This  would 
mean  that  these  high  emitting  vehicles  would  remain  out  of  the  scope  of  CO2  emission 
standards. 

The aim of this Regulation is to create incentives for the automotive 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.  

•  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 from passenger cars, improvements in consumer information and the promotion 
of fuel efficient cars via fiscal measures.  

The Environment Council, in its conclusions of 10 October 2000 requested the Commission 
to  study  greenhouse  gas  emission  reduction  measures  on  light  commercial  vehicles.  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 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.  These  include 
fuel efficiency progress in light commercial vehicles.  

The  Communications  emphasised  that  the  legislative  framework  for  implementing  the 
average  vehicle  fleet  target  should  ensure  competitively  neutral  and  socially  equitable  and 
sustainable reduction targets which are equitable to the diversity of the European automobile 

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manufacturers  and  avoid  any  unjustified  distortion  of  competition  between  automobile 
manufacturers. The legislative framework should be compatible with the Community's overall 
emission reduction targets.  

In May 2007, the Competitiveness Council supported "an integrated approach as proposed by 
the Commission, for reducing CO2  emissions  from  motor  vehicles" underlining "that  all  the 
players must make their contribution to reducing emissions harmful to the climate"2. 

Furthermore,  on  28  June  2007  the  Council  invited  the  Commission  to  come  forward  with  a 
proposal on the improvement of fuel efficiency from light commercial vehicles3. 

•  Existing provisions in the area of the proposal 

Directive 2004/3/EC4 amending Council Directives 70/156/EEC and 80/1268/EEC as regards 
the measurement of CO2 emissions and fuel consumption of N1 vehicles 

•  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. 

The  objectives  of  the  proposal  will  also  contribute  to  reaching  the  Community  target  of  at 
least  20%  reduction  of  greenhouse  gas  emissions  by  2020  because  of  the  important 
contribution  of  transport  to  emissions  from  sectors  of  the  economy  not  included  in  the  EU 
Emissions  Trading  Scheme.  The  proposal  is  also  consistent  with  and  complementary  to 
Regulation (EC) No 443/2009 setting CO2 emission standards from passenger cars. 

The proposal will put in place a concrete measure to deliver on the targets and will therefore 
strengthen the EU's leadership position on climate change in the run-up to the United Nations 
Climate Conference in Copenhagen in December 2009. 

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Competitiveness Council conclusions adopted on 21-22 May 2007 (9671/07). 
Environment Council conclusions adopted on 28 June 2007 (11483/07). 
Directive 2004/3/EC (OJ L 49, 19.2.2004, p. 36). 

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1. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The  stakeholder  consultation  process  included  a  public  internet  consultation  and  two 
stakeholder meetings. 

•  Between  May  and  July  2007,  an  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 strategy to reduce CO2 from light-duty vehicles. This included measures to 
reduce  emissions  from  light  commercial  vehicles.  The  majority  of  the  consultation 
responses are available at:  
http://ec.europa.eu/reducing_co2_emissions_from_cars/index_en.htm 

•  To complement the internet consultation, two stakeholder meetings were organised by the 
Commission  on  2  September  2008  and  9  March  2009.  This  provided  the  stakeholders 
industry,  suppliers, 
directly  concerned  by 
environmental NGOs, social partners and Member States) the opportunity to present their 
positions.  Summaries  of  both  meetings  are  attached  in  Annex  II  and  Annex  III  of  the 
impact assessment accompanying the proposal. 

legislation  (automotive 

the  upcoming 

In  addition  an  external  study  investigating  possible  regulatory  approaches  to  reducing  CO2 
from light-duty vehicles was carried out and a study consisting of two reports: 'Assessment of 
options for the legislation on CO2 emissions from light commercial vehicles'5and 'Assessment 
with  respect  to  long  term  CO2  emission  targets  for  passenger  cars  and  vans'6,  has  been 
developed.  The  study  was  part  of  a  project  'Impacts  of  regulatory  options  to  reduce  CO2 
emissions  from  cars,  in  particular  on  car  manufacturers'  under  the  framework  contract 
ENV.C.5/FRA/2006/0071  (Service  request  ENV  C5/GK/ak/D(2007)17850).  Analysis  of 
alternative policy options is based on findings of this study. 

Input from stakeholders has been taken into account in assessing the different possible options 
to  regulate  CO2  emissions  from  light  commercial  vehicles,  particularly  with  regard  to  the 
design  of  the  legislation,  possible  unwanted  effects,  and  implications  for  competition  on 
automotive  markets,  global  industrial  competitiveness  and  environmental  outcome.  External 
expertise was used to assess the various options available, including aspects raised during the 
consultation process (the external contractor attended the public hearings). 

Summary of responses and how they have been taken into account 

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. 

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This report is available on Europa website under the following link: 
http://ec.europa.eu/environment/air/transport/co2/pdf/final_report_lcv_co2_250209.pdf 
This report is available on Europa website under the following link: 
http://ec.europa.eu/environment/air/transport/co2/pdf/Report%20LT%20targets.pdf 

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•  Collection and use of expertise 

Scientific expertise/domains concerned 

(1)  Expertise  from  the  automotive  industry,  including  manufacturers  and  (2)  modelling 
expertise provided by external consultants 

Methodology used 

Modelling with formal mathematical models and calculations based on statistical data 

Main organisations/experts consulted 

Public  authorities,  industry  associations,  trade  organisations,  environmental  organisations, 
consumer organisations and external consultants 

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. 

Means used to make the expert advice publicly available 

The study carried out in support of the impact assessment, together with earlier related work, 
will be made available at the following website: 

http://ec.europa.eu/environment/co2/co2_studies.htm 

•  Impact assessment 

The impact assessment investigated five main options:  

The  first  two  options  considered  were  to  define  a  linear  curve  giving  the  CO2  value  to  be 
achieved by a given vehicle as a function of its "utility" (mass) so that the average of the new 
light  commercial  vehicles  in  (1)  2012  and  (2)  2013-2015  would  deliver  the  175  g  CO2/km 
target. 

The  two  following  options  were  based  on  the  same  target  (175  g  CO2/km)  and  years  (resp. 
2012 and 2013-2015), but on the basis of a linear curve defining the CO2 value to be achieved 
as a function of an alternative "utility", namely pan area.  

The  fifth  and  last  option  was  to  require  manufacturers  to  deliver  a  set  percentage  reduction 
corresponding  to  the  reduction  needed  to  achieve  the  175  g  CO2/km  target  in  2012-2015 
compared to the 2007 situation. 

The impact assessment considered different flexibility mechanisms, including fleet averaging 
and  pooling,  as  well  as  a  compliance  mechanism.  In  addition  from  the  five  policy  options, 
several levels of the long-term target ranging from 160 to 125 g CO2/km for year 2020 have 
been analysed. 

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The potential economic, social and environmental impacts have been considered in detail. 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 

•  Summary of the proposed action 

The proposal is a follow-up of the Community Strategy to reduce CO2 emissions from light-
duty  vehicles  and  complements  Regulation  (EC)  No 443/2009  (Regulation  setting  CO2 
emission performance standards for new passenger cars). It aims to reduce the impact of light-
duty  vehicles  on  the  climate  by  ensuring  that  the  average  specific  emissions  of  new  light 
commercial vehicles registered in the Community do not exceed 175 g CO2/km. This target 
will  be  phased  in  gradually  from  1  January  2014  onwards  with  full  compliance  of  the  new 
light commercial fleet from 2016. 

The starting date for the CO2 emissions standard for light commercial vehicles is consistent 
with the timeframe of the adoption by the Commission of the proposal for a regulation setting 
similar standards for passenger cars as of 2012. This indicates entry into force of the standard 
for light commercial vehicles from 2014. Further to the inclusion of the long-term target of 95 
g/km as of 2020 in Regulation (EC) No 443/2009, this proposal sets a target of 135 g/km for 
light commercial vehicles to be achieved from 2020 subject to confirmation of its feasibility 
on the basis of updated impact assessment results. 

The key aspects of the proposal are:  

–  The proposal will apply to light commercial vehicles of category N1, with a reference mass 
not exceeding 2610kg and vehicles to which type-approval is extended in accordance with 
Article 2(2) of Regulation (EC) No 715/2007. N2 and M2 vehicles with a reference mass 
meeting the above criteria will be included for monitoring purposes and their full inclusion 
in the scheme will be considered during a review. 

–  The  proposal  sets  targets  for  the  specific  emissions  of  CO2  from  new  light  commercial 
vehicles  in  the  Community  as  a  function  of  their  mass.  The  targets  will  apply  to  the 
average  specific  emissions  of  CO2  in  g/km  for  new  light  commercial  vehicles  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. 

–  The  proposal  includes  incentives  for  early  market  deployment  of  low  emitting  light-

commercial vehicles by granting them super-credits on an interim basis.  

–  The  proposal 

includes  provisions 

to  promote  eco-innovations  (i.e.  CO2-reducing 
technologies  that  are  not  captured  by  the  test-cycle  during  which  CO2  emissions  are 
measured).  Under  this  provision  up  to  7  g/km  can  be  deducted  from  the  average  of 
manufacturer's  specific  CO2  emissions  for  innovative  technologies  which  reduce 
emissions, based on independently verified data. 

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

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–  If  a  manufacturer  fails  to  meet  its  target,  it  will  be  required  to  pay  an  excess  emissions 
premium.  The  premium  will  be  calculated  by  multiplying  the  number  of  g  CO2/km  by 
which the manufacturer exceeded its target by the number of vehicles newly registered and 
by the excess emissions premium calculated as a function of the year and distance to target. 

–  The  proposal  provided  for  alternative  emissions  reduction  targets  for  manufacturers 

responsible for less than 22 000 vehicles registered in the EU per calendar year. 

–  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 2014 
in respect of the 'autonomous weight increase'. 

2. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Legal basis 

Article 175 of the EC Treaty is the appropriate legal basis because the main objective of this 
proposal is to ensure a high level of protection of health and the environment by reducing the 
average CO2 emissions from light commercial vehicles. 

•  Subsidiarity principle 

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: 

Due to the need to avoid the emergence of barriers to the single market, the trans-boundary 
nature  of  climate  change  and  the  potential  variations  in  the  national  averages  of  CO2 
emissions for new light commercial vehicles, Member States would not be able to implement 
national measures such that overall, the EU average of 175 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 light commercial vehicles can best 
be achieved by adopting legislation at Community level. Adopting targets for CO2 emissions 
from these vehicles 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  vehicle  fleet  in  the  Community  rather  than  having  specific  strategies  for 
specific national reduction objectives. 

The  scope  of  the  proposal  is  limited  to  defining  manufacturers'  targets  in  respect  of  the 
achievement of the average new light commercial vehicle fleet emissions of 175 g CO2/km, 
without prescribing complementary measures (such as fiscal incentives) that Member  States 
could  take  and  that  could  contribute  to  the  overall  objective  of  reducing  CO2  from  road 
vehicles. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

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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  automotive  manufacturers  and  avoid  any 
unjustified distortion of competition between manufacturers. 

The proposal foresees the implementation of a monitoring scheme that is very similar to the 
one  already  implemented  by  Member  States  for  passenger  cars,  and  that  has  proved  very 
efficient in following up the implementation of the CO2 and cars strategy. 

•  Choice of instrument: 

Proposed instrument: Regulation. 

Other means would not be adequate for the following reasons: 

The  Regulation  is  proposed  on  the  basis  of  a  thorough  analysis  of  the  options  available  to 
deliver  progress  in  the  reduction  of  the  average  specific  emissions  of  light  commercial 
vehicles  in  the  EU.  This  type  of  instrument  has  been  adopted  for  passenger  cars,  and  it  is 
appropriate  to  use  the  same  approach  for  light  commercial  vehicles  in  order  to  provide  a 
consistent legislative framework implementing the integrated approach. 

The  use  of  a  Regulation  is  considered  to  be  the  appropriate  legal  instrument  to  ensure 
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. 

•  Budgetary implication 

The  implementation  of  the  proposed  Regulation  will  be  carried  out  together  with  that  of 
Regulation (EC) No 443/2009 on CO2 from passenger cars as both share many features like, 
for example, monitoring manufacturers' performance against their CO2 reduction targets and, 
where necessary, administration of excess emissions premiums provided for in the legislation. 
Expenditure  already  foreseen  under  the  LIFE+  programme  is  considered  sufficient,  in 
particular because of the limited size of the market for light commercial vehicles compared to 
that  for  passenger  cars.  Therefore,  this  new  proposal  for  CO2  emissions  from  light-duty 
vehicles does not require additional financial resources. 

•  Repeal of existing legislation 

The adoption of the proposal will not lead to the repeal of existing legislation. 

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3. 

ADDITIONAL INFORMATION 

•  Review/revision/sunset clause 

The proposal includes a review clause. 

•  European Economic Area 

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

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2009/0173 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

setting emission performance standards for new light commercial vehicles 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 
175(1) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Economic and Social Committee7, 

Having regard to the opinion of the Committee of the Regions8, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty9, 

Whereas: 

(1) 

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 Change10, seeks to stabilise greenhouse gas concentrations in the atmosphere 
at  a  level  that  would  prevent  dangerous  anthropogenic  interference  with  the  climate 
system.  In  order  to  meet  this  objective,  the  overall  global  annual  mean  surface 
temperature  increase  should  not  exceed  2  degrees  C  above  pre-industrial  levels.  The 
fourth  IPCC  Assessment  Report  shows  that  in  order  to  reach  that  objective,  global 
emissions of greenhouse gases must peak by 2020. At its meeting of 8-9 March 2007, 
the European Council made a firm commitment to reduce the overall greenhouse gas 
emissions of the Community by at least 20% below 1990 levels by 2020 and by 30% 
provided  that  other  developed  countries  commit  themselves  to  comparable  emission 
reductions  and  economically  more  advanced  developing  countries  contribute 
according to their respective capabilities. 

(2) 

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 necessary emissions reductions. Decision No 

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OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 33, 7.2.1994, p. 11. 

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406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the 
effort  of  Member  States  to  reduce  their  greenhouse  gas  emissions  to  meet  the 
Community's greenhouse gas emission reduction commitments up to 202011 provides 
for an average reduction of 10% compared to 2005 levels in the sectors not covered by 
the  EU  Emissions  Trading  Scheme,  established  by  Directive  2003/87/EC  of  the 
European Parliament and of the Council of 13 October 2003 establishing a scheme for 
greenhouse  gas  emission  allowance  trading  within  the  Community  and  amending 
Council Directive  96/61/EC12, including road transport. Road transport is the second 
largest greenhouse gas emitting sector in the Community and its emissions including 
those  from  light  commercial  vehicles  continue  to  rise.  If  road  transport  emissions 
continue  to  increase,  it  will  significantly  undermine  efforts  made  by  other  sectors  to 
combat climate change. 

Community targets for new road vehicles 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  performance 
standards, it is important to take into account the implications for markets and for the 
competitiveness  of  manufacturers,  the  direct  and  indirect  costs  imposed  on  business 
and  the  benefits  that  accrue  in  terms  of  stimulating  innovation  and  reducing  energy 
consumption and fuel costs. 

In its Communications of 7 February 2007 setting out the results of the review of the 
Community  Strategy  to  reduce  CO2  emissions  from  passenger  cars  and  light 
commercial  vehicles13  and  on  a  Competitive  Automotive  Regulatory  Framework  for 
the 21st Century CARS2114, the Commission underlined that the Community objective 
of average emissions for the new passenger car fleet of 120 g CO2/km would not be 
met by 2012 in the absence of additional measures. 

In  those  Communications  an  integrated  approach  was  proposed  with  a  view  to 
reaching  the  Community  target  of  average  emissions  of  120  g  CO2/km  from  new 
passenger  cars  registered  in  the  Community  by  2012  by  focusing  on  mandatory 
reductions of emissions of CO2 to reach an 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 gCO2/km,  or  equivalent  if  technically  necessary,  by  means  of  other 
technological  improvements,  including  fuel  efficiency  progress  in  light  commercial 
vehicles. 

implementing 

the  objective  concerning  emissions  from 

The  provisions 
light 
commercial  vehicles  should  be  consistent  with  the  legislative  framework  for 
implementing  the  objectives  concerning  emissions  from  the  new  passenger  car  fleet 
set  out  in  Regulation  (EC)  No  443/2009  of  the  European  Parliament  and  of  the 
Council  of  23  April  2009  setting  emission  performance  standards  for  new  passenger 
cars  as  part  of  the  integrated  approach  to  reduce  CO2  emissions  from  light-duty 
vehicles. 

(3) 

(4) 

(5) 

(6) 

11 
12 
13 
14 

OJ L 140, 5.6.2009, p. 136. 
OJ L 275, 25.10.2003, p. 32. 
COM(2007) 19. 
COM (2007) 22. 

EN 

12 

   EN 

                                                 
(7) 

(8) 

(9) 

The  legislative  framework  for  achieving  the  fleet  average  emissions  target  for  new 
light  commercial  vehicles  should  ensure  that  reduction  targets  are  competitively 
neutral,  socially  equitable  and  sustainable  and  take  account  of  the  diversity  of 
European  automobile  manufacturers  and  avoid  any  unjustified  distortion  of 
competition between them. The legislative framework should be compatible with the 
overall objective of reaching the Community's emission reduction targets and should 
be complemented by other more use-related instruments such as differentiated car and 
energy taxes or measures to limit the speed of light commercial vehicles. 

In order to maintain the diversity of the light commercial vehicle market and its ability 
to  address  different  consumer  needs,  CO2  emission  targets  for  light  commercial 
vehicles should be defined as a function of the utility of the vehicle on a linear basis. 
Mass  is  an  appropriate  parameter  to  describe  this  utility  as  it  provides  a  correlation 
with present emissions and therefore results in more realistic and competitively neutral 
targets.  Moreover,  data  on  mass  is  readily  available.  Data  on  alternative  utility 
parameters  such  as  footprint  (track  width  times  wheelbase)  and  payload  should  be 
collected in order to facilitate longer-term evaluations of the utility-based approach. 

This  Regulation  actively  promotes  eco-innovation  and  takes  into  account  future 
technological developments which can enhance the long-term competitiveness of the 
European automotive industry and create more high-quality jobs. As a means to assess 
systematically the emissions improvements of eco-innovations the Commission should 
consider  the  possibility  of  including  eco-innovation  measures  in  the  review  of  test 
procedures  pursuant  to  Article  14(3)  of  Regulation  (EC)  No  715/2007,  taking  into 
consideration the technical and economic impacts of such inclusion. 

(10) 

In recognition of the very high research and development and unit production costs of 
early  generations  of  very  low  carbon  vehicle  technologies  to  be  introduced  into  the 
marketplace  following  its  entry  into  force,  this  Regulation  seeks  to  accelerate  and 
facilitate, on an interim basis, the process of introducing into the Community market 
ultra low carbon vehicles at their initial stages of commercialisation. 

(11)  To  provide  consistency  with  Regulation  (EC)  No 443/2009  and  to  avoid  abuses,  the 
target should be applied to new light commercial vehicles registered in the Community 
for the first time and that have not previously been registered outside the Community 
except for a limited period. 

(12)  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  vehicles15 
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 
Directive and for ensuring conformity of production. 

(13)  Manufacturers  should  have  flexibility  to  decide  how  to  meet  their  targets  under  this 
Regulation  and  should  be  allowed  to  average  emissions  over  their  new  vehicle  fleet 
rather  than  having  to  respect  CO2  targets  for  each  individual  vehicle.  Manufacturers 

15 

OJ L 263, 9.10.2007, p. 1. 

EN 

13 

   EN 

                                                 
should  therefore  be  required  to  ensure  that  the  average  specific  emission  for  all  the 
new  light  commercial  vehicles  registered  in  the  Community  for  which  they  are 
responsible  does  not  exceed  the  average  of  the  emissions  targets  for  those  vehicles. 
This requirement should be phased in between 2014 and 2016 in order to facilitate its 
introduction. This is consistent with the lead times given and the duration of the phase-
in period set in Regulation 443/2009. 

(14) 

In  order  to  ensure  that  targets  reflect  the  particularities  of  small  and  niche 
manufacturers  and  are  consistent  with  the  manufacturer's  reduction  potential, 
alternative emission reduction targets should be set for such manufacturers taking into 
account the technological potential of a given manufacturer's vehicles to reduce their 
specific  emissions  of  CO2  and  consistently  with  the  characteristics  of  the  market 
segments concerned. This derogation should be covered by the review of the specific 
emission targets in Annex I, to be completed by the beginning of 2013 at the latest. 

(15)  The  Community  Strategy  to  reduce  CO2  emissions  from  passenger  cars  and  light 
commercial  vehicles  established  an  integrated  approach  with  a  view  to  reaching  the 
Community  target  of  120  g  CO2/km  by  2012,  while  also  presenting  a  longer-term 
vision of further emission reductions. Regulation (EC) No 443/2009 substantiates this 
longer-term view by setting a target of 95 g CO2/km as average emissions for the new 
car  fleet.  In  order  to  ensure  consistency  with  that  approach  and  to  provide  planning 
certainty for the industry, a long-term target for the specific emissions of CO2 of light 
commercial vehicles in 2020 should be set. 

(16) 

In  order  to  provide  flexibility  for  manufacturers  in  meeting  their  emission  targets 
under this Regulation, manufacturers may agree to form a pool on an open, transparent 
and  non-discriminatory  basis.  Where  a  pool  is  formed,  individual  manufacturer's 
targets  should  be  replaced  by  a  joint  target  for  the  pool  which  should  be  attained 
collectively by the members of the pool. 

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

this Regulation are met. 

(18)  The specific emissions of CO2 from new light commercial vehicles are measured on a 
harmonised  basis  in  the  Community  according  to  the  methodology  laid  down  in 
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  information16.  To  minimise  the  administrative  burden  of  the 
scheme,  the  compliance  should  be  measured  by  reference  to  data  on  registrations  of 
new  vehicles  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. 

(19)  Directive 2007/46/EC requires that manufacturers issue a certificate of conformity for 
each new light commercial vehicle and that Member States permit the registration and 
entry  into  service  of  a  new  light  commercial  vehicle  only  if  it  is  accompanied  by  a 
valid certificate of conformity. Data collected by Member States should be consistent 

16 

OJ L 171, 29.6.2007, p. 1. 

EN 

14 

   EN 

                                                 
with the certificate of conformity issued by the manufacturer of the light commercial 
vehicle  and  should  be  based  on  this  document  only.  There  should  be  a  Community 
standard  database  for  certificate  of  conformity  data.  It  should  be  used  as  a  single 
reference to enable Member Sates to maintain more easily their registration data when 
vehicles are newly registered. 

(20)  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 
with  respect  to  each  calendar  year  from  1  January  2014.  The  premium  should  be 
modulated as a function of the extent to which manufacturers fail to comply with their 
target. In order to ensure consistency, the premium mechanism should be similar to the 
one  set  in  Regulation  (EC)  No  443/2009.  The  amounts  of  the  excess  emissions 
premium  should  be  considered  as  revenue  in  the  General  Budget  of  the  European 
Union. 

(21)  Any  national  measure  that  Member  States  may  maintain  or  introduce  in  accordance 
with  Article  176  of  the  Treaty  should  not,  in  consideration  of  the  purpose  of  and 
procedures  established  in  this  Regulation,  impose  additional  or  more  stringent 
penalties on manufacturers who fail to meet their targets under this Regulation. 

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

competition rules. 

(23)  New  modalities  should  be  considered  for  reaching  the  long-term  target,  in  particular 
the slope of the curve, the utility parameter and the excess emissions premium scheme. 

(24)  The speed of road vehicles has a strong influence on their fuel consumption and CO2 
emissions. In  addition,  in  the  absence  of  speed  limitation  for  light  commercial 
vehicles,  it  is  possible  that  there  is  an  element  of  competition as  regards  top  speed 
which  could  lead  to  oversized  powertrains  and  associated  inefficiencies  in slower 
operating  conditions. It  is  therefore  appropriate  to  investigate  the  feasibility  of 
extending  the  scope  of  Council  Directive  92/6/EEC  on  the  installation  and  use  of 
speed  limitation  devices  for  certain  categories  of  motor  vehicles  in  the  Community, 
with the aim of including light commercial vehicles covered in this Regulation. 

(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 Commission17. 

(26) 

In  particular  the  Commission  should  be  empowered  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, to 
adopt detailed provisions concerning the derogation for certain manufacturers, and to 
adapt Annex I to take account of the evolution of the mass of new light commercial 
vehicles registered in the Community and to reflect any change in the regulatory test 
procedure for the measurement of specific emissions of CO2 laid down in Regulation 
(EC)  No  715/2007.  Since  those  measures  are  of  general  scope  and  are  designed  to 

17 

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 

                                                 
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)  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 emissions  performance  requirements for new light 
commercial vehicles. This Regulation sets the average CO2 emissions for new light 
commercial  vehicles  at  175  g  CO2/km,  by  means  of  improvements  in  vehicle 
technology,  as  measured  in  accordance  with  Regulation (EC) No 715/2007  and  its 
implementing measures, and innovative technologies. 

From 2020, this Regulation sets a target of 135 g CO2/km for the average emissions 
of new light commercial vehicles registered in the Community. 

Article 2 
Scope 

This Regulation shall apply to motor vehicles of category N1 as defined in Annex II 
to  Directive  2007/46/EC  with  a  reference  mass  not  exceeding  2  610  kg  and  to 
vehicles  to  which  type-approval  is  extended  in  accordance  with  Article  2(2)  of 
Regulation  (EC)  No  715/2007  ('light  commercial  vehicles')  which  are  registered  in 
the  Community  for  the  first  time  and  which  have  not  previously  been  registered 
outside the Community ('new light commercial vehicles'). 

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

This Regulation shall not apply to special purpose vehicles as defined in point 5 of 
Annex II to Directive 2007/46/EC. 

1. 

2. 

1. 

2. 

3. 

EN 

16 

   EN 

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

Article 3 
Definitions  

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

'average  specific  emissions  of  CO2'  means,  in  relation  to  a  manufacturer,  the 
average  of  the  specific  emissions  of  CO2  of  all  light  commercial  vehicles  of 
which it is the manufacturer;  

'certificate  of  conformity'  means  the  certificate  referred  to  in  Article  18  of 
Directive 2007/46/EC18; 

'completed vehicle' means a vehicle where type-approval is granted following 
completion  of  a  process  of  multi-stage  type-approval  in  accordance  with 
Directive 2007/46/EC; 

'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 vehicle 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 light commercial vehicle 
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  indicative  specific  emissions  of  CO2  determined  in  accordance  with 
Annex I  in  respect  of  each  new  light  commercial  vehicle  for  which  it  is  the 
manufacturer. 

4. 

For the purposes of this Regulation "a group of connected manufacturers" shall mean 
a  manufacturer  and  its  connected  undertakings.  In  relation  to  a  manufacturer, 
'connected undertakings' shall mean: 

(a) 

undertakings in which the manufacturer has, directly or indirectly: 

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

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

board of management or bodies legally representing the undertaking; or 

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

(b) 

undertakings  which  directly  or  indirectly  have,  over  the  manufacturer,  the 
rights or powers listed in point (a); 

18 

OJ L 263, 9.10.2007, p. 1. 

EN 

17 

   EN 

                                                 
(c) 

(d) 

(e) 

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  the  manufacturer  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); 

undertakings in which the rights or the powers listed in (a) are jointly held by 
the  manufacturer  or  one  or  more  of  its  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 2014 and each subsequent calendar year, each 
manufacturer of light commercial vehicles 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  10,  in  accordance  with  that 
derogation. 

For the purpose of determining each manufacturer's specific emissions of CO2, the following 
percentages of each manufacturer's new  light  commercial vehicles  registered in  the relevant 
year shall be taken into account: 

–  75% in 2014, 

–  80% in 2015, 

–  100% from 2016 onwards. 

Article 5 
Super-credits 

In calculating the average specific emissions of CO2, each new light commercial vehicle with 
specific emissions of CO2 of less than 50 g CO2/km shall be counted as: 

–  2,5 light commercial vehicles in 2014,  

–  1,5 light commercial vehicles in 2015,  

–  1 light commercial vehicle from 2016. 

Article  6 
Pooling  

1. 

Manufacturers  of  new  light  commercial  vehicles,  other  than  manufacturers  which 
have been granted a derogation under Article 10, may form a pool for the purposes of 
meeting their obligations under Article 4. 

EN 

18 

   EN 

2. 

3. 

4. 

5. 

6. 

7. 

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 are to be pooled. Manufacturers which form a pool shall file the following 
information with the Commission: 

(a) 

(b) 

(c) 

the manufacturers who will be included in the pool; 

the manufacturer nominated 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 8; and 

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

Where  the  proposed  pool  manager  fails  to  meet  the  requirement  to  pay  any  excess 
emissions  premium  imposed  on  the  pool  in  accordance  with  Article  8,  the 
Commission shall notify the manufacturers. 

Manufacturers included in a pool shall jointly inform the Commission of any change 
of pool manager or its financial status, in so far as this may affect its ability to meet 
the  requirement  to  pay  any  excess  emissions  premium  imposed  on  the  pool  in 
accordance with Article 8 and of 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  membership  of  the  pool.  Without  prejudice  to  the 
general applicability of Community competition rules to such pools, all members of a 
pool  shall  in  particular  ensure  that  neither  data  sharing  nor  information  exchange 
may  occur  in  the  context  of  their  pooling  arrangement,  except  in  respect  of  the 
following information: 

(a) 

the average specific emissions of CO2; 

(b) 

the specific emissions target; 

(c) 

the total number of vehicles registered. 

Paragraph 5 shall not apply where all the manufacturers included in the pool are part 
of the same group of connected manufacturers. 

Except where notification is given under paragraph 3, the manufacturers in a pool in 
respect of which information is filed with the Commission shall be considered as one 
manufacturer  for  the  purposes  of  meeting  their  obligations  under  Article  4. 
Monitoring and reporting information in respect of individual manufacturers as well 
as any pools will be recorded, reported and available in the central register referred to 
in Article 7(4). 

EN 

19 

   EN 

Article 7 
Monitoring and reporting of average emissions  

For  the  calendar  year  commencing  1  January  2012  and  each  subsequent  calendar 
year,  each  Member  State  shall  record  information  for  each  new  light  commercial 
vehicle  registered  in  its  territory  in  accordance  with  Part  A  of  Annex  II.  This 
information  shall  be  made  available  to  the  manufacturers  and  their  designated 
importers or representatives in each Member State. Member States shall make every 
effort to ensure that reporting bodies operate in a transparent manner.  

By  28  February  of  each  year,  commencing  in  2013,  each  Member  State  shall 
determine and transmit 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. 

The Commission shall keep a central register of the data reported by Member States 
under this Article and this register shall be publicly available. By 30 June 2013 and 
each  subsequent  year,  the  Commission  shall  provisionally  calculate  for  each 
manufacturer: 

(a) 

(b) 

(c) 

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

the specific emissions target in the preceding calendar year; and 

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 light commercial vehicles registered and their specific emissions of CO2. 

Manufacturers  may,  within  three  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 
31 October, either confirm or amend the provisional calculations under paragraph 4.   

In  relation  to  the  calendar  year 2012  and  2013  and  on  the  basis  of  the  calculations 
performed  pursuant  to  paragraph  5,  the  Commission  shall  notify  a  manufacturer 
where  it  appears  to  the  Commission  that  the  manufacturer's  average  specific 
emissions of CO2 exceed its specific emissions target. 

In each Member State, the competent authority for the collection and communication 
of the monitoring data in accordance with this Regulation shall be the one designated 
in accordance with Article 8(7) of Regulation (EC) No 443/2009. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

EN 

20 

   EN 

9. 

The Commission may adopt detailed rules for the monitoring and reporting of data 
under  this  Article  and  on  the  application  of  Annex  II  in  accordance  with  the 
regulatory procedure referred to in Article 13(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 13(3). 

10. 

Member States shall also collect and report data, in accordance with this Article, on 
registrations of vehicles in categories M2 and N2 as defined in Annex II to Directive 
2007/46/EC with a reference mass not exceeding 2 610 kg and to vehicles to which 
type-approval  is  extended  in  accordance  with  Article  2(2)  of  Regulation  (EC)  No 
715/2007. 

Article 8 
Excess Emissions Premium  

1. 

2. 

In  respect  of  the  period  1  January  2014  and  every  calendar  year  thereafter,  the 
Commission  shall  impose  an  excess  emissions  premium  on  a  manufacturer  or  pool 
manager, as appropriate, where a manufacturer's average specific emissions of CO2 
exceed its specific emissions target. 

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

(a) 

From 2014 until 2018 

(i) For excess emissions of more than 3 g CO2/km: 

((Excess  emissions  –  3)  ×  €120  +  45  €)  ×  number  of  new  light  commercial 

vehicles. 

(ii)  For  excess  emissions  of  more  than  2  g  CO2/km  but  no  more  than  3  g 

CO2/km: 

((Excess  emissions  –  2)  ×  25  €  +  20  €)  ×  number  of  new  light  commercial 

vehicles. 

(iii) For excess emissions of more than 1 but no more than 2 g CO2/km: 

((Excess  emissions  –  1)  ×  15  €  +  5  €)  ×  number  of  new  light  commercial 

vehicles. 

(iv) For excess emissions of no more than 1 g CO2/km: 

Excess emissions × 5 € × number of new light commercial vehicles. 

(b) 

From 2019: 

(Excess emissions × €120) × number of new light commercial vehicles. 

EN 

21 

   EN 

Where for the purposes of this Article: 

'excess  emissions'  means  the  positive  number  of  grams  per  kilometre  by  which  a 
manufacturer's  average  specific  emissions  of  CO2  -  taking  into  account  CO2 
emissions  reductions  due  to  innovative  technologies  approved  in  accordance  with 
Article 11 - exceeded its specific emissions target in the calendar year or part of the 
calendar year to which the obligation under Article 4 applies, rounded to the nearest 
three decimal places; and 

'number  of  new  light  commercial  vehicles'  means  the  number  of  new  light 
commercial  vehicles  of  which  it  is  the  manufacturer  and  which  were  registered  in 
that period according to the phase-in criteria as set out in Article 4. 

3. 

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

4. 

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 13(3). 

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

Article 9 
Publication of performance of manufacturers 

By  31  October  2013  and  31  October  each  subsequent  year,  the  Commission  shall 
publish a list indicating for each manufacturer: 

(a) 

(b) 

(c) 

(d) 

(e) 

its specific emission target for the preceding calendar year;  

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; 

the average specific emissions of CO2 for all new light commercial vehicles in 
the Community in the previous calendar year, and 

the  average  mass  for  all  new  light  commercial  vehicles  in  the  Community  in 
the preceding calendar year. 

2. 

From  the  31  October  2014,  the  list  published  under  paragraph  1  shall  also  indicate 
whether  the  manufacturer  has  complied  with  the  requirements  of  Article 4  with 
respect to the preceding calendar year.  

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Article 10 
Derogations for certain manufacturers 

1. 

An  application  for  a  derogation  from  the  specific  emissions  target  calculated  in 
accordance with Annex I may be made by a manufacturer of  fewer than 22 000 new 
light commercial vehicles registered in the Community per calendar year and: 

(a) 

(b) 

(c) 

is not part of a group of connected manufacturers; or 

is  part  of  a  group  of  connected  manufacturers  that  is  responsible  in  total  for 
fewer than 22 000 new light commercial vehicles registered in the Community 
per calendar year; or 

is part of a group of connected manufacturers but operates its own production 
facilities and design centre. 

2. 

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

(a) 

(b) 

(c) 

(d) 

the name of, and contact person for, the manufacturer; 

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

details  of  the  light  commercial  vehicles  which  it  manufactures  including  the 
mass and specific emissions of CO2 of those light commercial vehicles; and 

a specific emissions target consistent with its reduction potential, including the 
economic  and  technological  potential  to  reduce  its  specific  emissions  of  CO2 
and  taking  into  account  the  characteristics  of  the  market  for  the  type  of  light 
commercial vehicle manufactured. 

Where  the  Commission  considers  that  the  manufacturer  is  eligible  for  a  derogation 
applied  for  under  paragraph  1  and  is  satisfied  that  the  specific  emissions  target 
proposed by the manufacturer is consistent with its reduction potential, including the 
economic  and  technological  potential  to  reduce  its  specific  emissions  of  CO2,  and 
taking into account the characteristics of the market for the type of light commercial 
vehicle manufactured, the Commission shall grant a derogation to the manufacturer. 
The derogation shall apply from 1 January of the year following the date of granting 
of the derogation. 

A manufacturer which is subject to 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  1  January  of  the  next  calendar  year 
and shall notify the manufacturer thereof. 

3. 

4. 

5. 

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23 

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6. 

7. 

8. 

1. 

2. 

3. 

Where the manufacturer does not attain its specific emissions target, the Commission 
shall impose the excess emissions premium on the manufacturer, as set out in Article 
8. 

The  Commission  may  adopt  detailed  provisions  for  the  implementation  of 
paragraphs  (1)  to  (6)  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. 

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 13(3). 

Applications  for  a  derogation,  including  the  information  supporting  it,  notifications 
under  paragraph  4,  revocations  under  paragraph  5  and  any  imposition  of  an  excess 
emissions premium under paragraph 6 and measures adopted pursuant to paragraph 
7, shall be made publicly available, subject to Regulation (EC) No 1049/2001 of 30 
May 2001 of the European Parliament and of the Council regarding public access to 
European Parliament, Council and Commission documents. 

Article 11 
Eco-innovation  

Upon application by a supplier or a manufacturer, CO2 savings achieved through the 
use  of  innovative  technologies  shall  be  considered.  The  total  contribution  of  those 
technologies to reducing the specific emissions target of a manufacturer may be up to 
7 g CO2/km. 

The  Commission  shall  by  31  December  2012,  adopt  detailed  provisions  for  a 
procedure to approve such innovative technologies in accordance with the regulatory 
procedure  referred  to  in  Article  13(2).  Those  detailed  provisions  shall  be  based  on 
the following criteria for innovative technologies: 

(a) 

(b) 

(c) 

the supplier or manufacturer must be accountable for the CO2 savings achieved 
through the use of the innovative technologies; 

the  innovative  technologies  must  make  a  verified  contribution  to  CO2 
reduction; 

the innovative technologies must not be covered by the standard test cycle CO2 
measurement  or  by  mandatory  provisions  due  to  complementary  additional 
measures complying with the 10 g CO2/km reduction referred to in Article 1 of 
Regulation  No 443/2009  or  be  mandatory  under  other  provisions  of 
Community law. 

A  supplier  or  a  manufacturer  who  applies  for  a  measure  to  be  approved  as  an 
innovative  technology  shall  submit  a  report,  including  a  verification  report 
undertaken by an independent and certified body, to the Commission. In the event of 
a  possible  interaction  of  the  measure  with  another  innovative  technology  already 
approved,  the  report  shall  mention  that  interaction  and  the  verification  report  shall 

EN 

24 

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evaluate  to  what  extent  that  interaction  modifies  the  reduction  achieved  by  each 
measure. 

4. 

The Commission shall attest the reduction achieved on the basis of the criteria set out 
in paragraph 2. 

Article 12 
Review and report 

1. 

By 31 October 2016, and every three years thereafter, measures shall be adopted to 
amend  Annex  I  to  adjust  the  figure  M0,  referred  to  therein,  to  the  average  mass  of 
new light commercial vehicles in the previous three calendar years. 

2. 

3. 

4. 

Those measures shall take effect for the first time on 1 January 2018 and every three 
years thereafter. 

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 13(3). 

The  Commission  shall  include  light  commercial  vehicles  in  the  review  of  the 
procedures  for  measuring  CO2  emissions  in  accordance  with  Article  13(3)  of 
Regulation (EC) No 443/2009. 

From  the  date  of  application  of  the  revised  procedure  for  the  measuring  of  CO2 
emissions, innovative technologies shall no longer be approved under the procedure 
set out in Article 11. 

The Commission shall include light commercial vehicles in the review of Directive 
2007/46/EC in accordance with Article 13(4) of Regulation (EC) No 443/2009. 

By  1  January  2013,  the  Commission  shall  complete  a  review  of  the  specific 
emissions  targets  in  Annex  I  and  of  the  derogations  in  Article  10,  with  the  aim  of 
defining: 

–  subject to confirmation of its feasibility on the basis of updated impact assessment 
results, the modalities for reaching, by the year 2020, a long-term target of 135 g 
CO2/km in a cost-effective manner; and 

–  the  aspects  of  the  implementation  of  that  target,  including  the  excess  emissions 

premium. 

On the basis of such a review and its impact assessment, which includes an overall 
assessment  of  the  impact  on  the  car  industry  and  its  dependent  industries,  the 
Commission shall, if appropriate,  

–  make a proposal to amend this Regulation in a way which is as neutral as possible 
from  the  point  of  view  of  competition,  and  which  is  socially  equitable  and 
sustainable, 

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25 

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–  confirm  the  inclusion  in  this  Regulation  of  vehicles  in  category  N2  and  M2  as 
defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 
2 610 kg and to vehicles to which type-approval is extended in accordance with 
Article 2(2) of Regulation (EC) No 715/2007. 

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 13(3). 

The Commission shall by 2014, following an impact assessment, publish a report on 
the availability of data on footprint and payload and their use as utility parameters for 
determining  specific  emissions  targets  and,  if  appropriate,  submit  a  proposal  to  the 
European Parliament and to the Council to amend Annex I. 

Measures shall be adopted to provide for the necessary adaptation to the formulae of 
Annex  I  in  order  to  reflect  any  change  in  the  regulatory  test  procedure  for  the 
measurement of specific CO2 emissions. 

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 13(3). 

The  Commission  shall  by  2015  review  the  method  of  determining  the  specific 
emissions of CO2 of completed vehicles in paragraph 7 of Part B of Annex II and, if 
appropriate,  submit  a  proposal  to  the  European  Parliament  and  to  the  Council  to 
amend Annex II. 

Article 13 
Committee procedure 

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. 

5. 

6. 

7. 

1. 

2. 

3. 

Article 14 
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. 

EN 

26 

   EN 

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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27 

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SPECIFIC CO2 EMISSIONS TARGETS 

ANNEX I 

1. 

The  indicative  specific  emissions  of  CO2  for  each  light  commercial  vehicle, 
measured  in  grams  per  kilometre,  shall  be  determined  in  accordance  with  the 
following formulae:  

(a) 

From 2014 to 2017: 

Indicative specific emissions of CO2 = 175 + a × (M – M0) 

Where: 

M = mass of the vehicle in kilograms (kg) 

M0 = 1706,0 

a = 0,093 

(b) 

From 2018: 

Indicative specific emission of CO2 = 175 + a × (M – M0) 

Where: 

M = mass of the vehicle in kilograms (kg) 

M0 = the value adopted pursuant to Article 12(1) 

a = 0,093 

2. 

The  specific  emissions  target  for  a  manufacturer  in  a  calendar  year  shall  be 
calculated  as  the  average  of  the  indicative  specific  emissions  of  CO2  of  each  new 
light  commercial  vehicle  registered  in  that  calendar  year  of  which  it  is  the 
manufacturer. 

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28 

   EN 

A. 

1. 

2. 

3. 

ANNEX II 
MONITORING AND REPORTING OF EMISSIONS 

COLLECTION OF DATA ON LIGHT COMMERCIAL VEHICLES AND DETERMINATION OF 
CO2 MONITORING INFORMATION 

For  the  year  beginning  1  January  2011  and  each  subsequent  year,  Member  States 
shall record the following details for each new light commercial vehicle 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); 

(f) 

its track width (mm); 

(g) 

its payload (in kg).  

The details referred to in point 1 shall be taken from the certificate of conformity for 
the relevant light commercial vehicle. Where the certificate of conformity specifies 
both a minimum and a maximum mass for a light commercial vehicle, the Member 
States shall use only the maximum figure for the purpose of this Regulation. In the 
case  of  bi-fuelled  vehicles  (petrol/gas)  the  certificates  of  conformity  of  which  bear 
specific  CO2  emission  figures  for  both  types  of  fuel,  Member  States  shall  use  only 
the figure measured for gas. 

For  the  calendar  year  commencing  1  January  2011  and  each  subsequent  calendar 
year, each Member State shall determine, in accordance with the methods set out in 
Part B, for each manufacturer: 

(a) 

(b) 

(c) 

(d) 

the total number of new light commercial vehicles registered in its territory;  

the average specific emissions for CO2, as specified in point 2 of Part B of this 
Annex; 

the average mass, as specified in point 3 of Part B of this Annex; 

for each variant of each version of each type of new light commercial vehicle: 

(i) the total number of new light commercial vehicles registered in its territory, 

as specified in point 4 of Part B of this Annex; 

(ii) the specific emissions of CO2;  

(iii) the mass; 

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29 

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(iv) the footprint of the vehicle, as specified in point 5 of Part B of this Annex 

(v) the payload. 

B. 

METHODOLOGY  FOR  DETERMINING  CO2  MONITORING  INFORMATION  FOR  NEW 
LIGHT COMMERCIAL VEHICLES 

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. 

1. 

Number of new light commercial vehicles registered (N). 

Member  States  shall  determine  the  number  of  new  light  commercial  vehicles 
registered within their territory in the respective monitoring year (N). 

2. 

Average specific CO2 emissions of new light commercial vehicles (S,ave) 

The  average  specific  CO2  emissions  of  all  new  light  commercial  vehicles  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 vehicle, S, by 
the number of new vehicles, N. 

Save = (1/ N) × Σ S 

3. 

Average mass of new light commercial vehicles 

The  average  mass  of  all  new  light  commercial  vehicles  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 vehicle, M, by the number of new vehicles, N. 

Mave = (1/ N) × Σ M 

4. 

The distribution by version of new light commercial vehicles 

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

5. 

Footprint 

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

6. 

Payload 

The payload of the vehicle shall be defined as the difference between the technically 
permissible maximum laden mass pursuant to of Annex III to Directive 2007/46/EC 
and the mass of the vehicle. 

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7. 

Specific emissions of completed vehicles 

The specific emissions of completed vehicles shall be determined in accordance with 
Directive  2004/3/EC.  Where  that  value  is  not  available,  the  specific  emissions  of  a 
completed vehicle shall be set equal to the highest value of the specific emissions of 
all complete vehicles that are of the same type of vehicle as the incomplete vehicle 
on which the completed vehicle is based, and that have been registered in the EU in 
the  same  monitoring  year,  where  'type  of  vehicle'  is  defined  in  accordance  with 
Article  3  of  Directive  2007/46/EC.  If  there  are  more  than  three  different  values  of 
specific  emissions  of  all  complete  vehicles,  the  second-highest  specific  emissions 
shall be used. 

C. 

FORMAT FOR THE TRANSMISSION OF DATA 

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

EN 

31 

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EN 

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EN 

 
  
EN 

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