Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) No 510/2011 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new light commercial vehicles
Date: 2012-07-11
Institutions: European Commission
Subjects: commercial vehicle, environmental standard, greenhouse gas, motor vehicle, reduction of gas emissions, technical regulations

EUROPEAN COMMISSION 

Brussels, 11.7.2012  
COM(2012) 394 final 

2012/0191 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) No 510/2011 to define the modalities for reaching the 2020 
target to reduce CO2 emissions from new light commercial vehicles 

(Text with EEA relevance) 

{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  (EU)  No  510/2011  sets  the  CO2  reduction  framework  for  the  new  van  fleet  to 
2020. The Regulation has a two-step operation. In the first period to 2017 the modalities of 
compliance with the targets 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. The Commission is requested to confirm that the 2020 van target is 
feasible.  This  target  was  established  in  the  co-decision  process  and,  apart  from  its 
confirmation, 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 targets are 
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 

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

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utility  parameter  and  CO2  emissions  (setting  the  shape  and  slope).  Other  modalities  include 
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 CONSULTATIONS' AND IMPACT ASSESSMENT 

Consultations with the interested parties 

•  External expertise 

An external study4 'Support for the revision of Regulation (EU) 510/2011 on CO2 emissions 
from light commercial vehicles'5 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 target. 

•  Consultation of interested parties 

Stakeholders  have  been  formally  consulted  through  an  on-line  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 light-duty vehicles (LDVs). 

– 

Public consultation 

An on-line public consultation was carried out in autumn 2011. Overall the responses give a 
message that regulating LDV 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 published6. 

– 

Stakeholder meeting  

A  stakeholder  meeting  was  held  on  6  December  2011.  The  preliminary  conclusions  of  the 
study  were  presented  and  presentations  from  the  meeting  along  with  a  summary  of  the 
discussion  have  been  published7.  Participants  did  not  express  any  substantial  disagreement 
with the analysis presented; NGOs argued that since costs are lower than had previously been 
thought,  and  emissions  are  substantially  lower  than  anticipated,  the  targets  should  be 
tightened.  

The impact assessment 

A  joint  impact  assessment  supporting  the  current  proposal  and  an  equivalent  proposal  to 
amend Regulation (EC) No 443/2009 has been prepared. A broad approach has been taken to 
identifying  policy  options  which  covers  issues  raised  in  the  legislation,  those  arising  with 

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Under framework contract ENV.C.3/FRA/2009/0043 on vehicle emissions  
http://ec.europa.eu/clima/policies/transport/vehicles/vans/studies_en.htm 
http://ec.europa.eu/clima/consultations/0012/index_en.htm  
http://ec.europa.eu/clima/events/0048/index_en.htm 

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implementation  and  those  assessed  in  the  studies  analysing  possible  approaches  to  improve 
the legislation's effectiveness. The following aspects were analysed:  

a) 'Do nothing' option; 

b) Confirmation of feasibility of the 2020 target for vans; 

c) Modalities of meeting the van targets; 

d) Simplification and reduction of administrative burden; 

e) Adaptation to the new test cycle; 

f) Form and stringency of legislation beyond 2020. 

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

• 

• 

• 

• 

The 2020 target of 147g/km for vans is confirmed as feasible at a lower cost.  

Utility parameter should continue to be mass; the limit value curve should continue 
to be linear and the slope of the curve should be set at 100%. 

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

The  derogation  procedure  should  be  simplified  by  introduction  of  a  'de-minimis' 
exclusion  for  the  smallest  manufacturers  from  the  obligation  of  having  the  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 (EU) 510/2011 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  confirms  the  feasibility  of  the  average  target  of  147  g  CO2/km  for  new  light 
commercial vehicles to be reached in 2020. It proposes to define the modalities of reaching 
the target as follows: 

– 

– 

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

The limit value curve remains linear with a slope of 100% compared to the baseline 
fleet. 

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– 

– 

– 

– 

Manufacturers  responsible  for  less  than  500  registrations  of  new  light  commercial 
vehicles  per  year  are  excluded  from  the  obligation  to  meet  their  specific  emissions 
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.  

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

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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2012/0191 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) No 510/2011 to define the modalities for reaching the 2020 
target to reduce CO2 emissions from new light commercial vehicles 

(Text with EEA relevance) 

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 Committee (8),  

Having regard to the opinion of the Committee of the Regions (9),  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Article 13(1) 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 vehicles10 requests the Commission, subject to confirmation 
of  its  feasibility,  to  review  the  modalities  of  achieving  the  147g/km  target  by  2020, 
including the formulae 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 147 g CO2/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 

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OJ C , , p. . 
OJ C , , p. . 
OJ L 145, 31.5.2011, p. 1.  

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

repair  and  maintenance  information11  and  its  implementing  measures  and  innovative 
technologies. 

According to the technical analysis made for the impact assessment, the technologies 
to meet the target of 147 g CO2/km are available and the required reductions may be 
achieved at a lower cost than estimated in the previous analysis carried out previous to 
the  adoption  of  Regulation  (EU)  No  510/2011.  In  addition,  the  distance  between  the 
current average specific emissions of CO2 from new light commercial vehicles and the 
target has also decreased. Therefore, the feasibility of the target of 147 g CO2/km to be 
reached by 2020 is confirmed. 

In recognition of the disproportionate impacts on the smallest manufacturers resulting 
from  the  compliance  with  the  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  CO2  reduction  of  the  vehicles  sold  by  these 
manufacturers, producers responsible annually for less than 500 new light commercial 
vehicles  are  excluded  from  the  scope  of  the  specific  emissions  target  and  the  excess 
emissions premium. 

The procedure to grant derogation 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. 

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. 

Article 13(3) requests the Commission to publish a report on the availability of data on 
footprint and payload and  their use as utility  parameters in the formulae in Annex I. 
Whereas  this  data  is  available  and  its  potential  use  has  been  assessed  in  the  impact 
assessment,  it  has  been  concluded  that  it  is  more  cost-effective  to  retain  mass  in 
running order as the utility parameter for the 2020 target for light commercial vehicles. 

It  is  appropriate  to  retain  the  approach  towards  setting  the  target  based  on  a  linear 
relationship  between  the  utility  of  the  light  commercial  vehicle  and  its  target  CO2 
emissions as expressed by the formulae in Annex I, since this allows maintaining the 
diversity  of  the  light  commercial  vehicle  market  and  the  ability  of  manufacturers  to 
address  different  consumer  needs,  and  thus  avoiding  any  unjustified  distortion  of 
competition.  It  is  however  appropriate  to  update  this  approach  to  reflect  the  latest 
available data on registrations of new light commercial vehicles.  

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. 

11 

OJ L 171, 29.6.2007, p.1. 

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(10)  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.  

(11)  Regulation (EU) No 510/2011 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EU) No 510/2011 is amended as follows:  

(1) 

In Article 1, paragraph 2 is replaced by the following: 

‘2. 
From  2020,  this  Regulation  sets  a  target  of  147  g  CO2/km  for  the  average 
emissions of new light commercial vehicles registered in the Union as measured in 
accordance with Regulation (EC) No 715/2007 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 light commercial vehicles registered in the EU in 
the previous calendar year.’ 

(3) 

(4) 

In Article 11, paragraph 3 the last sentence is deleted. 

Article 13 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

‘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 light commercial vehicles for the period beyond 2020.’ 

(b)  Paragraph 6 is amended as follows: 

– 

– 

the second subparagraph is deleted; 

the third subparagraph is replaced by the following: 

‘In order to reflect any change in the regulatory test procedure for the measurement 
of specific CO2 emissions, the Commission shall adapt the formulae set out in Annex 
I  by  means  of  delegated  acts  in  accordance  with  Article  15,  and  subject  to  the 

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conditions  laid  down  in  Articles  16  and  17  while  ensuring  that  reduction 
requirements  of  comparable  stringency  for  manufacturers  and  vehicles  of  different 
utility are required under the old and new test procedures.’ 

(5) 

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

‘(c) 

from 2020:  

Indicative specific emissions of CO2 = 147 + a × (M – M0) 

Where: 

M = mass of the vehicle in kilograms (kg) 

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

a = 0,096.’ 

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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