Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 443/2009 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new passenger cars
Date: 2012-07-11
Institutions: European Commission
Subjects: climate change, greenhouse gas, motor vehicle, motor vehicle pollution, reduction of gas emissions, road transport

EUROPEAN COMMISSION 

Brussels, 11.7.2012  
COM(2012) 393 final 

2012/0190 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 443/2009 to define the modalities for reaching the 2020 
target to reduce CO2 emissions from new passenger cars  

{SWD(2012) 213 final} 
{SWD(2012) 214 final} 

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EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

General context 

The EU has a stated objective of limiting global climate change to a temperature increase of 
2ºC above pre-industrial levels. To achieve this, global emissions need to peak by 2020 and 
be  reduced  by  at  least  50%  globally  by  2050  compared  to  1990.  The  European  Council 
reconfirmed the EU target of an 80-95% reduction by 2050 compared to 1990 in the context 
of the necessary reductions by developed countries as a group.  

Current policies would only lead to about a 40% GHG ("GHG") emission reduction by 2050. 
The Commission 'Roadmap for moving to a competitive low carbon economy in 2050'1 sets 
out  how  to  meet  the  2050  target  of  reducing  domestic  emissions  by  80%  in  the  most  cost-
effective  way.  The  Roadmap  shows  that  every  sector  of  the  economy  must  contribute  and, 
depending on the scenario, compared to 1990 transport emissions need to be between +20 and 
-9% by 2030 and decrease by 54% to 67% by 20502. 

While  emissions  from  other  sectors  are  generally  falling  road  transport  is  one  of  the  few 
sectors  where  emissions  have  risen  rapidly.  Between  1990  and  2008  emissions  from  road 
transport increased by 26%. In 2008 around 70% of transport CO2 emissions came from road 
transport3.  As  a  result,  it  is  the  second  biggest  source  of  GHG  emissions  in  the  EU,  and 
contributes about one-fifth of the EU's total emissions of CO2.  

In March 2011 the Commission adopted the 'Roadmap to a Single European Transport Area 
–  Towards  a  competitive  and  resource  efficient  transport  system'.  It  sets  out  a  transport 
strategy within a frame of achieving a 60% reduction in transport GHG emissions by 2050. 

• 

The Regulation 

Regulation  (EC)  443/2009  sets  the  CO2  reduction  framework  for  the  new  car  fleet  to  2020. 
The  Regulation  has  a  two-step  operation.  In  the  first  period  to  2015  the  modalities  of 
compliance  with  the  target  have  been  established.  For  the  second  period  to  2020  the  target 
cannot  become  effective  without  implementing  the  necessary  modalities,  which  are  to  be 
determined  in  a  review.  This  target  was  established  in  the  co-decision  process  and  is  not 
reconsidered in the review.  

Failure to determine or implement the modalities would have a detrimental effect on vehicle 
manufacturers  and  parts  suppliers  who  need  certainty  with  regard  to  the  technology  and 
vehicles that will be needed to meet the target.  

Modalities  are  aspects  of  the  implementation  which  impact  on  how  the  emission  target  is 
achieved.  Key  modalities  in  the  current  Regulation  include  the  limit  value  curve  which  is 
defined  by  the  utility  parameter  and  the  function  describing  the  relationship  between  the 
utility  parameter  and  CO2  emissions  (setting  the  shape  and  slope).  Other  modalities  include 

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COM/2011/0112 final  
Excluding international maritime emissions 
EU transport in figures 2011, European Commission 

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the excess emissions premium scheme, eco-innovations, derogations, pooling, the phasing-in 
of the targets and granting of super-credits for a limited period of time. 

2. 

INTERESTED PARTIES' CONSULTATION AND IMPACT ASSESSMENT 

Consultations with interested parties 

•  External expertise 

An external study: 'Support for the revision of Regulation (EC) 443/2009 on CO2 emissions 
from cars'4 has provided the main analysis underlying this proposal. It includes an evaluation 
of  different  modalities  and  assesses  their  costs.  The  PRIMES-TREMOVE  model  has  been 
used to assess the overall impacts of the 2020 targets. 

•  Consultation of interested parties 

Stakeholders  have  been  formally  consulted  through  an  online  questionnaire  and  through  a 
stakeholder  meeting.  Input  from  stakeholders  has  been  taken  into  account  in  assessing  the 
different possible options to regulate CO2 emissions from cars. 

– 

Public consultation 

An on-line public consultation was carried out in autumn 2011. Overall the responses give a 
generally clear message that regulating vehicle emissions is important, should be carried out 
in  line  with  long  term  GHG  goals,  be  based  on  new  vehicle  average  emissions  and  be 
technologically  neutral.  Opinion  was  highly  divided  on  whether  the  current  legislation  is 
working well. The main reason appears to be that many think that the current legislation is not 
sufficiently robust. There is strong support for setting targets beyond 2020, regardless of other 
measures  that  may  be  implemented.  The  results  of  the  public  consultation  have  been 
summarised and published5. 

– 

Stakeholder meeting  

A  stakeholder  meeting  was  held  on  6  December  2011.  The  completed  study  was  presented 
and  presentations  from  the  meeting  along  with  a  summary  of  the  discussion  have  been 
published6.  Participants  did  not  express  any  substantial  disagreement  with  the  analysis 
presented;  NGOs  argued  that  since  costs  are  lower  than  had  previously  been  thought,  the 
targets should be tightened.  

Impact assessment 

A  joint  impact  assessment  supporting  the  current  proposal  and  an  equivalent  proposal  to 
amend Regulation (EU) No 510/2011 has been prepared. A broad approach has been taken to 
identifying  policy  options  which  covers  issues  raised  in  the  legislation,  those  arising  with 
implementation  and  those  assessed  in  the  studies  analysing  possible  approaches  to  improve 
the legislation's effectiveness. The following aspects were analysed:  

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http://ec.europa.eu/clima/policies/transport/vehicles/cars/docs/study_car_2011_en.pdf  
http://ec.europa.eu/clima/consultations/0012/index_en.htm  
http://ec.europa.eu/clima/events/0048/index_en.htm 

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a) 'Do nothing' option; 

b) Modalities of meeting the car target; 

c) Simplification and reduction of administrative burden; 

d) Adaptation to the new test cycle; 

e) Form and stringency of legislation beyond 2020. 

Based  on  an  analysis  of  their  economic,  environmental  and  social  impacts  the  impact 
assessment reached the following conclusions: 

• 

• 

• 

• 

• 

The  utility  parameter  should  continue  to  be  mass  for  cars;  the  limit  value  curve 
should continue to be linear. 

The  evidence  indicates  that  the  slope  of  the  curve  should  be  set  at  a  relatively  low 
level to reduce market distortions. 

The Excess Emissions Premium should be maintained at €95 per g/km per vehicle. 

The Regulation should be updated to bring it into line with the Lisbon Treaty. 

The  derogation  procedure  should  be  simplified  by  introduction  of  a  'de-minimis' 
exclusion for the smallest manufacturers from the obligation of having a CO2 target. 
In addition, more flexibility regarding the date of granting small volume derogations 
should be allowed. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The EU has already acted in this area when it adopted Regulation (EC) 443/2009 based upon 
the environment chapter of the Treaty. The single market also provides grounds to act at EU 
level rather than at Member State level so as to ensure common requirements across the EU 
and thus minimise costs for manufacturers.  

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

Summary of the proposed action 

The proposal amends the Regulation to implement the modalities of meeting the 95 gCO2/km 
target for new passenger cars to be reached in 2020. The main modalities implemented are as 
follows: 

– 

– 

– 

The utility parameter continues to be the vehicle's mass in running order. 

The limit value curve remains linear with a slope of 60% compared to the baseline 
fleet which is kept as the 2006 fleet in line with the 2015 limit value curve. 

Super-credits for cars emitting below 35 gCO2/km are introduced between 2020 and 
2023 with a multiplier of 1.3 and limited to a cumulative figure of 20 000 vehicles 
per manufacturers over the duration of the scheme. 

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– 

– 

– 

– 

– 

– 

The "niche" derogation target is updated for 2020. 

Manufacturers responsible for less than 500 registrations of new passenger cars per 
year are excluded from the obligation of having a CO2 target. 

More  flexibility  is  allowed  in  the  timing  of  decisions  granting  small  volume 
derogations. 

Eco-innovations are retained when a revised test procedure is implemented. 

The Excess Emissions Premium is maintained at €95 per g/km per vehicle. 

The Committee procedure provisions are updated to be compatible with the Lisbon 
Treaty. 

As industry benefits from indications of the regulatory regime that would apply beyond 2020, 
the proposal includes a further review to take place by, at the latest, 31 December 2014. 

4. 

BUDGETARY IMPLICATION 

The proposal does not require additional financial resources. 

5. 

OPTIONAL ELEMENTS 

•  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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2012/0190 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 443/2009 to define the modalities for reaching the 2020 
target to reduce CO2 emissions from new passenger cars  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

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

Having regard to the opinion of the Committee of the Regions 8,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Article 13(5) of 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 9 requires the Commission to review the modalities for reaching the 
95g  CO2/km  target  by  2020  in  a  cost-effective  manner  in  particular  the  formula  in 
Annex  I  and  the  derogations  in  Article  11.  The  proposal  to  amend  the  Regulation  is 
requested to be as neutral as possible from the point of view of competition, socially 
equitable and sustainable. 

It is appropriate to clarify that for the purpose of verifying compliance with the target 
of  95gCO2/km,  CO2  emissions  should  continue  to  be  measured  in  accordance  with 
Regulation  (EC)  No  715/2007  of  the  European  Parliament  and  of  the  Council  of  20 
June  2007  on  type  approval  of  motor  vehicles  with  respect  to  emissions  from  light 
passenger  and  commercial  vehicles  (Euro  5  and  Euro  6)  and  on  access  to  vehicle 
repair  and  maintenance  information10  and  its  implementing  measures  and  innovative 
technologies. 

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OJ C , , p. . 
OJ C , , p. . 
OJ L 140, 5.6.2009, p. 1.  
OJ L 171, 29.6.2007, p.1. 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

In recognition of the high research and development and unit production costs of early 
generations of ultra-low carbon vehicles it is appropriate to accelerate and facilitate, on 
an interim basis and to a limited extent, the process of their introduction into the Union 
market at their initial stages of commercialization. 

In recognition of the disproportionate impacts on the smallest manufacturers resulting 
from compliance with specific emissions targets defined on the basis of the utility of 
the vehicle, high administrative burden of the derogation procedure and only marginal 
benefit  in  terms  of  avoided  CO2  from  the  vehicles  sold  by  these  manufacturers, 
producers responsible annually for less than 500 new passenger cars are excluded from 
the scope of the specific emissions target and the excess emissions premium. 

The procedure to grant derogations to small-volume manufacturers shall be simplified 
to allow for more flexibility in terms of the timing of application for a derogation by 
the manufacturers and the decision to grant it by the Commission. 

The  procedure  to  grant  derogations  to  niche  manufacturers  should  be  continued  for 
2020.  However,  in  order  to  ensure  that  the  reduction  effort  required  by  niche 
manufacturers  is  consistent  with  that  of  large  volume  manufacturers,  a  target  45  % 
lower  than  the  average  specific  emissions  of  niche  manufacturers  in  2007  should 
therefore apply from 2020. 

To enable the automotive industry to carry out long-term investments and innovation it 
is desirable to provide indications of how this Regulation should be amended for the 
period  beyond  2020.  These  indications  should  be  based  on  an  assessment  of  the 
necessary  rate  of  reduction  in  line  with  the  Union's  long  term  climate  goals  and  the 
implications for the development of cost effective CO2 reducing technology for cars. It 
is  therefore  desirable  for  these  aspects  to  be  reviewed,  the  Commission  to  make  a 
report and if appropriate proposals made for targets beyond 2020. 

The Regulation requires the Commission to carry out an impact assessment in order to 
review  the  test  procedures  to reflect  adequately  the  real  CO2  emissions  behaviour  of 
cars.  This  work  is  proceeding  through  the  development  of  a  World  Light  Duty  Test 
procedure in the framework of the United Nations Economic Commission for Europe 
but  is  not  yet  complete.  In  view  of  this,  Annex  I  to  Regulation  (EC)  No  443/2009 
establishes  emission  limits  for  2020  as  measured  according  to  Regulation  (EC)  No 
715/2007 and Annex XII to Regulation (EC) No 692/2008. When the test procedures 
are  amended,  the  limits  set  in  Annex  I  should  be  adjusted  to  ensure  comparable 
stringency for manufacturers and classes of vehicles.  

It is appropriate to adjust the wording of Article 3(2) of Regulation (EC) No 443/2009 
to ensure that the concept of connected undertakings is in line with the provisions of 
Council  Regulation  (EC)  No  139/2004  of  20  January  2004  on  the  control  of 
concentrations11 between undertakings as well as with Article 3(2) of Regulation (EU) 
No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting 
emission  performance  standards  for  new  light  commercial  vehicles  as  part  of  the 
Union's integrated approach to reduce CO2 emissions from light-duty vehicles12.  

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OJ L 24, 29.1.2004, p. 1. 
OJ L 145, 31.5.2011, p. 1. 

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(10)  Regulation (EC) No 443/2009 confers powers on the Commission to implement some 
of  its  provisions  in  accordance  with  the  procedures  laid  down  in  Council  Decision 
1999/468/EC of 28 June 199913. As a consequence of the entry into force of the Treaty 
of Lisbon, those powers need to be aligned to Articles 290 and 291 of the Treaty on 
the Functioning of the European Union. 

(11) 

In order to ensure uniform conditions for the implementation of Regulation (EC) No 
443/2009,  implementing  powers  should  be  conferred  on  the  Commission.  Those 
powers should be exercised in accordance with Regulation (EU) No 182/2011 of the 
European  Parliament  and  of  the  Council  of  16  February  2011  laying  down  the  rules 
and general principles concerning mechanisms for control by the Member States of the 
Commission's exercise of implementing powers14. 

(12)  The  power  to  adopt  acts  in  accordance  with  Article  290  of  the  Treaty  on  the 
Functioning of the European Union should be delegated to the Commission in order to 
supplement the rules on derogations from the specific emissions targets, to amend data 
requirements  for  the  purpose  of  monitoring  of  CO2  emissions  and  to  adjust  the 
formulae  for  calculating  the  specific  CO2  emissions  in  Annex  I  to  changes  in  the 
vehicle mass value and the regulatory test procedure for the measurement of specific 
CO2  emissions  referred  to  in  Regulation  (EC)  No  715/2007.  It  is  of  particular 
importance  that  the  Commission  carry  out  appropriate  consultations  during  its 
preparatory  work,  including  at  expert  level.  The  Commission,  when  preparing  and 
drawing  up  delegated  acts,  should  ensure  a  simultaneous,  timely  and  appropriate 
transmission of relevant documents to the European Parliament and to the Council. 

(13) 

It  is  appropriate  to  retain  the  approach  towards  setting  the  target  based  on  a  linear 
relationship between the utility of the car and its target CO2 emissions as expressed by 
the formulae in Annex I, since this allows maintaining the diversity of the passenger 
car market and the ability of manufacturers to address different consumer needs, and 
thus avoiding any unjustified distortion of the market.  

(14)  The Commission has assessed the availability of footprint data and its use as the utility 
parameter in the formulae in Annex I. This data is available and its potential use has 
been assessed in the impact assessment, on the basis of that assessment it is concluded 
that the utility parameter used in the formula for 2020 should be mass. Nevertheless, 
the  lower  cost  and  merits  of  a  change  to footprint  as  the  utility  parameter  should  be 
considered in the future review. 

(15)  Regulation (EC) No 443/2009 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 443/2009 is amended as follows:  

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OJ L 184, 17.7.1999, p. 23. 
OJ L 55 of 28.2.2011, p. 13. 

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(1) 

In Article 1, the second paragraph is replaced by the following: 

"From  2020  onwards,  this  Regulation  sets  a  target  of  95  g  CO2/km  as  average 
emissions for the new car fleet as measured in accordance with Regulation (EC) No 
715/2007  and  Annex  XII  to  Regulation  (EC)  No  692/2008  and  its  implementing 
measures, and innovative technologies."  

(2) 

In Article 2, the following paragraph 4 is added: 

‘4.  Article  4,  Article  8(4)(b)  and  (c),  Article  9  and  Article  10(1)(a)  and  (c)  shall 
not  apply  to  a  manufacturer  which  is  responsible  together  with  all  of  its  connected 
undertakings  for  less  than  500  new  passenger  cars  registered  in  the  EU  in  the 
previous calendar year.’ 

(3) 

In point (a) of Article 3(2) the first indent is replaced by the following: 

"- the power to exercise more than half the voting rights; or" 

(4) 

Following Article 5 the following article shall be inserted: 

"Article 5a 

Super-credits for 95 g CO2/km target 

In calculating the average specific emissions of CO2, each new passenger car 
1. 
with  specific  emissions  of  CO2  of  less  than  35  g  CO2/km  shall  be  counted  as  1.3 
passenger  cars  in  the  period  from  2020  to  2023  and  as  1  passenger  car  from  2024 
onwards. 

2. 
The  maximum number of  new passenger cars to be taken into account in the 
application of the multipliers set out in paragraph 1 for the period 2020 to 2023 shall 
not  exceed  a  cumulative  total  of  20  000  new  registrations  of  passenger  cars  per 
manufacturer." 

(5) 

In Article 8, paragraph 9 is replaced by the following: 

"9.  The  Commission  shall  adopt  detailed  rules  on  the  procedures  for  monitoring 
and reporting of data under this Article and on the application of Annex II by means 
of implementing acts. Those implementing acts shall be adopted in accordance with 
the examination procedure referred to in Article 14(2). 

The Commission may adopt delegated acts in accordance with Article 14a to amend 
Annex II as regards data requirements and data parameters."  

(6) 

In Article 9, paragraph 3 is replaced by the following: 

"3.  The Commission shall adopt detailed arrangements for the collection of excess 
emissions  premiums  under  paragraph  1  by  means  of  implementing  acts.  Those 
implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 14(2)." 

(7) 

Article 11 is amended as follows: 

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(a) 

In paragraph 3 the last sentence is deleted. 

(b) 

In paragraph 4, second subparagraph, point (b) is replaced by the following: 

"(b)  if the application is in relation to point (a) and (b) of Annex I, point 1, a 
target  which  is  a  25  %  reduction  on  the  average  specific  emissions  of 
CO2  in  2007  or,  where  a  single  application  is  made  in  respect  of  a 
number  of  connected  undertakings,  a  25  %  reduction  on  the  average  of 
those undertakings' average specific emissions of CO2 in 2007." 

(c) 

In paragraph 4, second subparagraph, the following point (c) is added: 

"(c) 

if the application is in relation to point (c) of Annex I, point 1, a target 
which  is  a  45  %  reduction  on  the  average  specific  emissions  of  CO2  in 
2007  or,  where  a  single  application  is  made  in  respect  of  a  number  of 
connected  undertakings,  a  45  %  reduction  on  the  average  of  those 
undertakings' average specific emissions of CO2 in 2007."  

(8) 

(b)  Paragraph 8 is replaced by the following: 

"8.  The  Commission  shall  adopt  delegated  acts  in  accordance  with  Article  14a 
laying  down  rules  to  supplement  paragraphs  1  to  7  of  this  Article,  as  regards  the 
eligibility criteria for derogations, the content of the applications, and the content and 
assessment of programmes for the reduction of specific emissions of CO2."  

(9) 

In Article 12(2), the first sentence is replaced by the following: 

"The  Commission  shall  adopt  detailed  provisions  for  a  procedure  to  approve  the 
innovative  technologies  referred  to  in  paragraph  1  by  way  of  implementing  acts. 
Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 14(2) of this Regulation." 

(10) 

Article 13 is amended as follows:  

(a) 

In paragraph 2, the third subparagraph is replaced by the following: 

"Those  measures  shall  be  adopted  by  means  of  delegated  acts  in  accordance  with 
Article 14a." 

(b)  The second subparagraph of paragraph 3 is deleted. 

(c)  Paragraph 5 is replaced by the following: 

"5.  By  31  December  2014,  the  Commission  shall  review  the  specific  emissions 
targets, modalities and other aspects of this Regulation in order to establish the CO2 
emission targets for new passenger cars for the period beyond 2020."  

(d)  Paragraph 7 is replaced by the following: 

"7.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with Article 14a to adapt the formulae in Annex I in order to reflect any change in 
the regulatory test procedure for the measurement of specific CO2 emissions referred 
to  in  Regulation  (EC)  No  715/2007  and  Regulation  (EC)  No  692/2008  while 

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ensuring that reduction requirements of comparable stringency for manufacturers and 
vehicles of different utility are required under the old and new test procedures." 

(11) 

Article 14 is replaced by the following: 

"Article 14 
Committee procedure 

1. 
The  Commission  shall  be  assisted  by  the  Climate  Change  Committee 
established  by  Article  9  of  Decision  No  280/2004/EC  of  the  European  Parliament 
and  of  the  Council.  That  committee  shall  be  a  committee  within  the  meaning  of 
Regulation (EU) No 182/2011. 

2.  Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply." 

(12) 

The following Article 14a is inserted: 

"Article 14a 
Exercise of the delegation 

The power to adopt delegated acts is conferred on the Commission subject to 

1. 
the conditions laid down in this Article. 

The  power  to  adapt  delegated  acts  referred  to  in  the  second  subparagraph  of 
2. 
Article 8(9), Article 11(8), the third subparagraph of Article 13(2) and Article 13(7), 
shall be conferred on the Commission for an indeterminate period from [the date of 
entry into force of this Regulation].  

3. 
The delegation of power referred to in the second subparagraph of Article 8(9), 
Article  11(8),  the  third  subparagraph  of  Article  13(2)  and  Article  13(7)  may  be 
revoked  at  any  time  by  the  European  Parliament  or  by  the  Council.  A  decision  to 
revoke shall put an end to the delegation of the power specified in that decision. It 
shall  take  effect  the  day  following  the  publication  of  the  decision  in  the  Official 
Journal of the European Union or at a later date specified therein. It shall not affect 
the validity of any delegated acts already in force. 

As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

4. 
simultaneously to the European Parliament and to the Council. 

5. 
A delegated act adopted pursuant to the second subparagraph of Article 8(9), 
Article  11(8),  the  third  subparagraph  of  Article  13(2)  and  Article  13(7)  shall  enter 
into force only if no objection has been expressed either by the European Parliament 
or  by  the  Council  within  a  period  of  two months  of  notification  of  that  act  to  the 
European  Parliament  and  the  Council  or  if,  before  the  expiry  of  that  period,  the 
European Parliament and the Council have both informed the Commission that they 
will not object. That period shall be extended by two months at the initiative of the 
European Parliament or of the Council. 

(13) 

In point 1 of Annex I, the following point (c) is added: 

"(c) 

From 2020:  

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Specific emissions of CO2 = 95 + a × (M – M0) 

Where: 

M = mass of the vehicle in kilograms (kg) 

M0 = the value adopted pursuant to Article 13(2) 

a = 0,0333." 

Article 2 

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

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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