2011/878/EU: Commission Implementing Decision of 20 December 2011 confirming the provisional calculation of average specific CO 2 emissions and specific emissions targets for manufacturers of passenger cars for the calendar year 2010 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council  Text with EEA relevance
Date: 2011-12-20
Institutions: European Commission
Subjects: air quality, greenhouse gas, motor vehicle, motor vehicle industry, reduction of gas emissions








L_2011343EN.01009701.xml










23.12.2011   


EN


Official Journal of the European Union


L 343/97








            COMMISSION IMPLEMENTING DECISION
         
of 20 December 2011
         
confirming the provisional calculation of average specific CO2 emissions and specific emissions targets for manufacturers of passenger cars for the calendar year 2010 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council
(Text with EEA relevance)
(2011/878/EU)


THE EUROPEAN COMMISSION,

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


Having regard to 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 Community’s integrated approach to reduce CO2 emissions from light-duty vehicles (1), and in particular the second subparagraph of Article 8(5) and Article 10(1) thereof,

Whereas:







(1)


The Commission is required, pursuant to Article 8(5) of Regulation (EC) No 443/2009, to confirm each year, the average specific emissions of CO2 and the specific emissions target for each manufacturer of passenger cars in the Union as well as for each pool of manufacturers formed in accordance with Article 7(7) of that Regulation. On the basis of that confirmation, the Commission is to determine whether manufacturers and pools have complied with the requirements of Article 4 of that Regulation. Where it is clear that a manufacturer or a pool has failed to meet its specific emissions target, the Commission is required, pursuant to Article 9(1) of that Regulation, to issue excess emissions premiums by way of individual decisions addressed to the manufacturers or pool managers concerned.












(2)


Pursuant to Article 4 of Regulation (EC) No 443/2009, the targets are binding on manufacturers and pools with effect from 2012. For the calendar years 2010 and 2011, the Commission should however calculate indicative targets and, pursuant to Article 8(6) of that Regulation, notify those manufacturers or pools whose average specific emissions exceed their indicative targets. As those targets for 2010 and 2011 will serve as indicators to manufacturers of the effort required to reach the mandatory target in 2012, it is appropriate to determine the average specific emissions of manufacturers for 2010 and 2011 in accordance with requirements set out in the second paragraph of Article 4 of that Regulation and take into account only the 65 % lowest emitting vehicles of each manufacturer.












(3)


The data to be used for the calculation of the average specific emissions and the specific emissions targets is set out in Part C of Annex II to Regulation (EC) No 443/2009 and is based on Member States’ registrations of new passenger cars during the preceding calendar year. The data is taken from the certificates of conformity issued by the manufacturers or from documents providing equivalent information in accordance with Article 3(1) of Commission Regulation (EU) No 1014/2010 of 10 November 2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (2).












(4)


The data for 2010 was transmitted to the Commission by the deadline of 28 February 2011 specified in Article 8(2) of Regulation (EC) No 443/2009 by a majority of the Member States. The complete datasets for all Member States were only, however, finally made available to the Commission by mid April and were subsequently provisionally verified.












(5)


Where, as a result of the initial verification, it was evident that certain data were missing or manifestly incorrect, the Commission contacted the Member States concerned and, subject to the agreement of those Member States, adjusted or completed the data accordingly. Where no agreement could be reached with a Member State, the provisional data of that Member State was not adjusted.












(6)


On 29 June 2011, the Commission published, in accordance with Article 8(4) of Regulation (EC) No 443/2009, the provisional data and notified 89 manufacturers of the provisional calculations of their average specific emissions in 2010 and their specific emissions targets. Manufacturers were asked to verify the data and to notify to the Commission any errors within 3 months of receipt of the notification in accordance with the first subparagraph of Article 8(5) of that Regulation.












(7)


On 12 August, guidelines for the notification of errors in the CO2 data from cars were published on the Commission website. The guidelines provide a format for notification and indicate the information required from the manufacturers to enable the Commission to take those errors into account.












(8)


Fifteen manufacturers submitted notifications of errors within the 3-month deadline. One manufacturer submitted a complete notification after the expiry of the deadline. Seven manufacturers out of those 15 submitted notifications that included detailed information on the errors and justifications for the corrections proposed. The remaining eight manufacturers submitted summary notifications that only partially complied with the Commission’s recommendations as to the format and contents of the notifications. In addition to those manufacturers that submitted notifications of error, eight manufacturers informed the Commission that there were errors in the datasets without providing any further information or evidence as to the nature or reasons for those errors.












(9)


In the case of the 73 manufacturers that did not notify any errors in the datasets or only informed the Commission of errors in the datasets without providing the necessary evidence, the provisional data and provisional calculations of the average specific emissions and the specific emissions targets should be confirmed without adjustments.












(10)


Where manufacturers have provided the necessary information and evidence supporting the existence of errors in the datasets, the Commission should consider those notifications and, where appropriate, amend the provisional calculations of the average specific emissions and the targets.












(11)


Member States’ registration authorities are solely responsible for the number of registrations reported to the Commission. As manufacturers’ sales data do not necessarily accurately reflect the number of registrations in a given Member State for a given period of time, it is not possible to consider errors in the number of registrations for the calculation of the average specific emissions. Only errors relating to the contents of the datasets for registered vehicles should therefore be considered. However, in some cases, manufacturers have notified that registrations should be attributed to another manufacturer. Those re-attributions should be reflected in the final confirmed datasets.












(12)


It results from the complete notifications that the manufacturers were able to identify a part of the datasets as correct and proposed corrections to those parts of the datasets that could be verified. Between 4 and 15 per cent of the datasets consist, however, of registrations referring to unidentifiable vehicles for which values such as CO2 emissions or mass cannot be verified by the manufacturer. This is usually due to missing information that is required in order for the manufacturer to identify the individual vehicles, more precisely the identification code composed of the type, variant and version of the vehicles concerned. In a small number of cases, registrations could be attributed to manufacturers, however, key data on CO2 emissions and mass were not available.












(13)


The Commission has verified the corrections proposed by the manufacturers and the supporting evidence. Where entries have been corrected either by inserting a missing value or by replacing an incorrect value for those registrations that can be verified by the manufacturer and the corrected values are consistent with values resulting from reference data sources, such as data from type approval documents, such corrections are justified. However, where a manufacturer has notified errors but not proposed corrections, notwithstanding that those errors could have been verified and corrected and has not sufficiently demonstrated that those corrections could not be made within the 3-month verification period, those errors should not be considered for the final calculation.












(14)


In the case of registrations that can be attributed to, but not verified by the manufacturers, the values for CO2 emissions and mass included in those registrations should still be used to calculate the average CO2 emissions and specific emissions target. It is however necessary to take into account the fact that manufacturers cannot verify those values and ensure that the inclusion does not have a negative impact on the final values determined for the manufacturers concerned. Accordingly, an error margin should be applied to that calculation reflecting the individual situation of the manufacturer as described and justified in the notification of errors. More precisely, an error margin should be calculated for the average specific emissions and the average mass, since those two parameters determine the distance to the specific emissions target of each manufacturer, i.e. how close a manufacturer is to achieving its specific emission target.












(15)


The error margin should be determined as the difference between the distances to the specific emission target expressed as the average emissions subtracted from the specific emissions targets calculated including and excluding those registrations that cannot be verified by the manufacturers. Regardless of whether that difference is positive or negative the error margin should always reduce the distance to the target of the manufacturer.












(16)


In the case of registrations where the values on CO2 emissions or mass are missing as well as the identification code, those registrations should not be taken into account for the final calculation of the average emissions.












(17)


Since the 2010 data verification exercise is the first to be carried out pursuant to Regulation (EC) No 443/2009, it is appropriate to exceptionally consider also those notifications that did not include all the information required by the Commission for fully taking into account the errors. The error margins to be applied to the final calculations referred to in those notifications should however be calculated on the basis of the Commission’s own assessment of the number of registrations that cannot be verified by those manufacturers. It is also appropriate, exceptionally, to take into account, for the confirmation of 2010 data, the notification of errors that was submitted shortly after the expiry of the deadline.












(18)


The average specific emissions of CO2 from new passenger cars registered in 2010, the specific emissions targets and the difference between those two values should be confirmed accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following values specified in the Annex are confirmed for each manufacturer of passenger cars and for each pool of manufacturers in respect of the 2010 calendar year:






(a)


the specific emissions target;










(b)


the average specific emissions of CO2, where appropriate adjusted by the relevant error margin;










(c)


the difference between the values referred to in points (a) and (b);










(d)


the average specific emissions of CO2 for all new passenger cars;










(e)


the average mass for all new passenger cars in the Union.






Article 2
This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union.




Done at Brussels, 20 December 2011.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 140, 5.6.2009, p. 1.

(2)  
            OJ L 293, 11.11.2010, p. 15.




ANNEX

Table 1


Values relating to the performance of manufacturers confirmed in accordance with Article 10(1) of Regulation (EC) No 443/2009














A


B


C


D


E


F


G


H


I




Manufacturer Name


Pools and Derogations


Number of registrations


Average CO2 (65 %) corrected


Specific emission target


Distance to target


Distance to target adjusted


Average mass


Average CO2 (100 %)




Alpina Burkard Bovensiepen GmbH + Co. KG


 


173 


187,795 


147,429 


40,366 


40,366 


1 753,38 


210,341 




Artega Automobil GmbH & Co. KG


 


2 


220,000 


132,194 


87,806 


87,806 


1 420,00 


220,000 




Aston Martin Lagonda Ltd


D


1 415 


333,482 


320,000 


13,482 


12,657 


1 860,72 


348,372 




Audi AG


 


589 855 


133,883 


140,365 


–6,482 


–6,557 


1 598,80 


151,832 




Automobiles Citroën


 


815 936 


118,764 


127,361 


–8,597 


–8,597 


1 314,26 


131,418 




Automobiles Peugeot


 


974 248 


119,208 


127,704 


–8,496 


–8,496 


1 321,76 


131,021 




Autovaz


 


3 911 


212,171 


126,410 


85,761 


85,761 


1 293,44 


219,516 




Bayerische Motoren Werke AG


 


640 021 


129,253 


137,409 


–8,156 


–8,210 


1 534,13 


146,355 




Bentley Motors Ltd


 


1 187 


391,423 


181,363 


210,060 


210,060 


2 495,92 


395,925 




BMW M GmbH


 


77 120 


133,513 


142,836 


–9,323 


–13,535 


1 652,88 


156,242 




Bugatti Automobiles SAS


 


8 


584,600 


159,225 


425,375 


425,375 


2 011,50 


589,250 




Caterham Cars Limited


D


135 


166,920 


210,000 


–43,080 


–43,080 


712,15 


179,826 




Chevrolet Italia


 


25 442 


113,042 


116,356 


–3,314 


–3,359 


1 073,45 


117,607 




Chrysler Group LLC


 


31 121 


192,081 


157,480 


34,601 


34,601 


1 973,32 


215,200 




CNG Technik


P1


583 


225,000 


134,782 


90,218 


89,953 


1 476,64 


226,252 




Automobile Dacia SA


 


251 938 


133,865 


123,831 


10,034 


9,631 


1 237,01 


144,989 




Daihatsu Motor Co. Ltd


 


18 972 


128,351 


117,975 


10,376 


10,376 


1 108,86 


145,374 




Daimler AG, Stuttgart


P2


646 067 


137,762 


137,323 


0,439 


0,349 


1 532,24 


160,166 




DR Motor Company SRL


 


4 943 


122,413 


120,642 


1,771 


1,771 


1 167,22 


138,566 




Ferrari


D


2 361 


300,718 


303,000 


–2,282 


–2,282 


1 751,12 


322,468 




FIAT Group Automobiles SpA


 


975 822 


115,285 


119,240 


–3,955 


–3,955 


1 136,56 


125,013 




Ford-Werke GmbH


P1


1 076 887 


121,128 


126,226 


–5,098 


–5,605 


1 289,42 


136,552 




Fuji Heavy Industries Ltd


ND


30 655 


165,182 


164,616 


0,566 


0,520 


1 608,03 


179,332 




Geely Europe Ltd


 


918 


115,916 


140,077 


–24,161 


–24,161 


1 592,50 


131,466 




General Motors Company


 


1 490 


270,134 


151,750 


118,384 


113,988 


1 847,93 


296,400 




GM Daewoo Auto u. Tech. Comp.


 


146 117 


125,759 


124,606 


1,153 


1,138 


1 253,96 


143,544 




GM Italia SRL


 


37 670 


119,750 


125,467 


–5,717 


–5,717 


1 272,82 


124,405 




Great Wall Motor Company Limited


D


344 


222,000 


195,000 


27,000 


27,000 


1 919,52 


224,314 




Gumpert Sportwagenmanufaktur GmbH


 


2 


310,000 


132,879 


177,121 


177,121 


1 435,00 


310,000 




Honda Automobile China CO


P3


20 876 


125,023 


119,099 


5,924 


5,911 


1 133,46 


126,094 




Honda Automobile Thailand CO


P3


1 444 


142,000 


120,816 


21,184 


21,184 


1 171,03 


142,615 




Honda Motor CO


P3


102 890 


124,841 


128,710 


–3,869 


–4,083 


1 343,77 


143,823 




Honda of the UK Manufacturing


P3


47 840 


145,932 


133,391 


12,541 


12,234 


1 446,21 


162,280 




Honda Turkiye AS


P3


1 587 


155,953 


125,560 


30,393 


30,393 


1 274,84 


156,624 




Hyundai Motor Europe GmbH


 


325 603 


120,858 


126,725 


–5,867 


–5,867 


1 300,33 


134,244 




Iveco SpA


 


49 


213,548 


180,265 


33,283 


33,283 


2 471,90 


216,694 




Jaguar Cars Ltd


D


23 740 


178,656 


178,025 


0,631 


0,631 


1 900,33 


199,016 




Kia Motors Europe GmbH


 


253 706 


126,251 


131,248 


–4,997 


–4,997 


1 399,30 


143,272 




KTM-Sportmotorcycle AG


D


57 


173,432 


200,000 


–26,568 


–26,568 


882,89 


179,000 




Automobili Lamborghini SpA


 


265 


323,977 


141,293 


182,684 


182,506 


1 619,11 


357,362 




Land Rover


D


65 534 


209,295 


178,025 


31,270 


31,270 


2 351,43 


231,494 




Lotus Cars Limited


D


825 


189,108 


280,000 


–90,892 


–90,892 


1 159,21 


196,596 




The London Taxi Company


 


1 662 


225,087 


154,227 


70,860 


70,860 


1 902,13 


227,739 




Magyar Suzuki Corporation Ltd


 


87 204 


130,004 


121,130 


8,874 


8,843 


1 177,91 


136,665 




Mahindra Europe SRL


 


48 


246,839 


160,042 


86,797 


86,797 


2 029,38 


251,500 




Maruti Suzuki India Ltd


 


19 577 


103,000 


109,908 


–6,908 


–6,908 


932,36 


104,287 




Maserati SpA


 


1 626 


353,473 


159,119 


194,354 


194,354 


2 009,18 


362,557 




Mazda Motor Corporation


 


170 007 


133,729 


128,523 


5,206 


4,831 


1 339,67 


149,458 




Mercedes-AMG GmbH, Affalterbach


P2


1 503 


308,000 


144,857 


163,143 


163,138 


1 697,10 


308,000 




MG Motor UK Limited


D


264 


184,871 


184,000 


0,871 


0,871 


1 180,16 


184,717 




Micro-Vett SpA


 


4 


0,000 


133,507 


– 133,507 


– 133,507 


1 448,75 


0,000 




Mitsubishi Motors Corporation (MMC)


P4


72 594 


145,036 


138,601 


6,435 


6,377 


1 560,20 


165,144 




Mitsubishi Motor R & D Europe GmbH


P4


16 530 


119,878 


114,793 


5,085 


5,084 


1 039,25 


127,284 




Morgan Motor Co. Ltd


D


415 


164,342 


180,000 


–15,658 


–15,658 


1 113,67 


189,278 




Nissan International SA


 


389 818 


132,131 


128,875 


3,256 


3,256 


1 347,39 


147,197 




O.M.C.I. SRL


 


46 


156,862 


120,759 


36,103 


36,103 


1 169,78 


167,848 




Adam Opel AG


 


935 499 


126,920 


130,483 


–3,563 


–3,767 


1 382,56 


139,529 




OSV — Opel Special Vehicles GmbH


 


67 


135,512 


140,208 


–4,696 


–4,696 


1 595,36 


136,836 




Perodua Manufacturing Sdn Bhd


 


690 


136,480 


113,634 


22,846 


22,846 


1 013,88 


140,230 




Pgo Ingenierie


 


29 


185,000 


115,657 


69,343 


69,343 


1 058,14 


189,828 




Dr. Ing. h.c. F. Porsche AG


 


34 512 


220,872 


152,089 


68,783 


68,783 


1 855,34 


238,859 




Potenza Sports Cars


 


31 


178,000 


99,975 


78,025 


78,025 


715,00 


178,000 




Proton Cars United Kingdom Ltd


D


792 


143,315 


185,000 


–41,685 


–41,685 


1 394,89 


153,557 




Quattro GmbH


 


2 596 


279,097 


154,102 


124,995 


124,766 


1 899,39 


299,034 




Renault


 


1 125 141 


120,700 


127,045 


–6,345 


–6,378 


1 307,33 


133,824 




Rolls-Royce Motors Cars Ltd


 


413 


315,616 


181,297 


134,319 


133,038 


2 494,48 


332,063 




Saab Automobile AB


 


19 979 


156,561 


143,922 


12,639 


12,639 


1 676,64 


175,341 




Santana Motor SA


 


382 


168,351 


135,765 


32,586 


32,586 


1 498,15 


204,921 




SEAT


 


288 629 


120,162 


125,722 


–5,560 


–5,647 


1 278,38 


131,162 




Secma


 


26 


155,000 


97,370 


57,630 


57,630 


658,00 


155,000 




Shijiazhuang Shuanghuan Automobile Company


 


44 


266,357 


152,951 


113,406 


113,406 


1 874,20 


267,682 




SKODA auto a.s.


 


420 718 


127,869 


127,225 


0,644 


0,571 


1 311,28 


139,193 




Sovab


 


94 


227,066 


166,119 


60,947 


60,947 


2 162,34 


230,138 




Ssangyong Motor Company


D


4 785 


203,851 


180,000 


23,851 


23,851 


2 023,10 


215,728 




Suzuki Motor Corporation


 


85 177 


124,055 


121,050 


3,005 


2,981 


1 176,15 


144,109 




Tata Motors Limited


D


3 582 


137,754 


178,025 


–40,271 


–40,271 


1 293,00 


151,987 




Tesla Motors Ltd


 


40 


0,000 


128,309 


– 128,309 


– 128,309 


1 335,00 


0,000 




Think


 


144 


0,000 


120,248 


– 120,248 


– 120,248 


1 158,61 


0,000 




Toyota Motor Europe NV/SA


 


564 633 


112,241 


128,349 


–16,108 


–16,273 


1 335,87 


129,056 




Volkswagen AG


 


1 469 419 


125,987 


130,715 


–4,728 


–4,763 


1 387,65 


140,352 




Volvo Car Corporation


 


204 926 


134,492 


143,273 


–8,781 


–8,781 


1 662,43 


156,948 




Westfield Sports Cars


 


3 


178,000 


99,975 


78,025 


78,025 


715,00 


178,000 




Wiesmann GmbH


D


8 


253,000 


274,000 


–21,000 


–21,000 


1 409,88 


257,250 




Explanatory notes to Table 1:

Column B


               ‘D’ means that a derogation relating to a small volume manufacturer has been granted in accordance with Commission Implementing Decision C(2011) 8334 final;

               ‘ND’ means that a derogation relating to niche manufacturer has been granted in accordance with Commission Implementing Decision C(2011) 8336 final;

               ‘P’ means that the manufacturer is member of a pool (listed in table 2) formed in accordance with Article 7 of Regulation (EC) No 443/2009.

Column D


               ‘Average specific emissions (65 %) corrected’ means the average specific emissions of CO2 calculated in accordance with the first indent of the second subparagraph of Article 4 of Regulation (EC) No 443/2009 and section 4 of Commission Communication COM(2010) 657 based on the corrections notified to the Commission by the manufacturer concerned. That figure considers all vehicles with both a valid value for mass and CO2 emissions, including vehicles that cannot be verified by the manufacturers.

Column E


               ‘Specific emissions target’ means the emission target based on the average mass of all vehicles attributed to a manufacturer (100 % of all vehicles to be taken into account from 2015 onwards) after applying the formula set out in Annex I to Regulation (EC) No 443/2009.

Column F


               ‘Distance to target’ means the difference between the values in column D and column E.

Column G


               ‘Distance to target adjusted’ means the distance to target as indicated under Column F adjusted to take into account the error margin. The error is due to the unidentifiable vehicles (vehicles where the identification code for type, variant and version is missing) and it is calculated in accordance with the following formula:
Error = absolute value of [(AC1 – TG1) – (AC2 – TG2)]







AC1


=


the average specific emissions of CO2 including the unidentifiable vehicles (as set out in column D);




TG1


=


the specific emission target including the unidentifiable vehicles (as set out in column E);




AC2


=


the average emissions of CO2 excluding the unidentifiable vehicles;




TG2


=


the specific emission target excluding the unidentifiable vehicles.





Table 2


List of pools and values confirmed in accordance with Article 10(1) of Regulation (EC) No 443/2009














A


B


C


D


E


F


G


H


I




Pool Name


Pool


Number of registrations


Average CO2 (65 %) corrected


Specific emissions target


Distance to target


Distance to target adjusted


Average mass


Average CO2 (100 %)




FORD-WERKE GMBH


P1


1 077 470 


121,143 


126,231 


–5,088 


–5,182 


1 162,42 


127,80 




DAIMLER AG


P2


647 570 


137,834 


137,340 


0,494 


–0,016 


1 167,88 


140,91 




HONDA MOTOR EUROPE LTD


P3


174 637 


128,612 


128,750 


–0,138 


–0,365 


1 344,64 


146,87 




MITSUBISHI MOTORS


P4


89 124 


137,055 


134,185 


2,870 


2,840 


1 463,58 


158,12