REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the delegation conferred on the Commission pursuant to Regulation (EU) No 510/2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles
Date: 2018-02-19
Institutions: Directorate-General for Climate Action, European Commission
Subjects: EU environmental policy, commercial vehicle, delegated legislation, environmental standard, greenhouse gas, motor vehicle pollution, powers of the institutions (EU), reduction of gas emissions, technical regulations, transfer of competence

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 19.2.2018  COM(2018) 73 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the delegation conferred on the Commission pursuant to Regulation (EU) No 510/2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles  
 
 
1. Introduction  

Regulation  (EU)  No  510/2011  of  the  European  Parliament  and  of  the  Council1  sets  the 
average CO2 emissions for new light commercial vehicles registered in the Union, by means 
of improvements in vehicle technology and innovative technologies. 

Regulation (EU) No 510/2011 empowers the Commission to adopt delegated acts, as referred 
to in Article 15(1), with a view to: 

  amending Annex II and adopt detailed  rules  for monitoring and  reporting of data on 

average emissions, as provided for in Article 8(9); 

  supplementing the Regulation, 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    CO2  emissions,  as  provided  for  in  Article 
11(7); 

  amending Annex I by 31 October 2016 (and every three years thereafter) to adjust the 
figure  M0  to  the  average  mass  of  light  commercial  vehicles  in  the  previous  three 
years, as provided for in Article 13(5); 

  amending  Annex  I,  to  adapt  the  formulae  to  determine  the  indicative  specific  CO2 
emissions  of  light  commercial  vehicles,  as  provided  for  in  the  fourth  paragraph  of 
Article 13(6). 

2. Legal basis  

With  this  report,  the  Commission  aims  to  meet  the  obligation  set  by  Article  15(1)  of 
Regulation  (EU)  No  510/2011.  Under  this  Article,  the  Commission  has  the  power  to  adopt 
delegated acts for a period of five years, running from 3 June 2011. The Commission is also 
required to present to the European Parliament and to the Council a report on the exercise of 
the  delegation  conferred  by  that  Regulation.  The  report  is  to  be  drawn  up  not  later  than  9 
months  before  the  end  of  the  5-year  period  of  the  delegation.  The  delegation  of  power  is 
tacitly  extended  for  periods  of  an  identical  duration,  unless  the  European  Parliament  or  the 
Council revoke it.  

3. Exercise of the delegation  

Article 15(1) of Regulation (EU) No 510/2011 empowers the Commission to adopt delegated 
acts referred to in Article 8(9), Article 11(7), Article 13(5) and the fourth paragraph of Article 
13(6) of that Regulation.  

1 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 for light-duty vehicles, OJ L 145, 31.05.2011, p. 1. 

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3.1  Article  8(9)  of  Regulation  (EU)  No  510/2011  requires  the  Commission  to  amend 
Annex  II  and  lay  down,  by  means  of  delegated  acts,  detailed  rules  for  monitoring  and 
reporting of data on average emissions of new light commercial vehicles registered in the 
territory of the EU. 

Since the entry into force of Regulation (EU) No 510/2011, the Commission has adopted 
two delegated acts accordingly:  

a)  Commission Delegated Regulation (EU) No 205/20122 amends Annex II to the Vans 
Emissions Regulation as regards the information to be provided by Member States. 
This  delegated  act  was  adopted  by  the  Commission  on  6  January  2012  and  was 
submitted  to  the  European  Parliament  and  the  Council  for  scrutiny.  Its    main 
objective is to improve the means for verifying the accuracy of the data by: 
  demanding  that  the  data  collected  by  Member  States  be  consistent  with  the 

certificate of conformity of the vehicles concerned; 

  allowing for the use of other data sources providing equivalent accuracy for CO2 

monitoring and reporting purposes; 

  adding the type-approval number as a detailed data parameter to be reported; 
  updating  the  format  for  transmission  of  data,  in  order  to  ensure  consistency 

between the different requirements. 

b)  Commission Delegated Regulation (EU) No 404/20143 supplements Regulation (EU) 
No  510/2011  as  regards  the  information  to  be  provided  by  Member  States.  This 
delegated  act  was  adopted  by  the  Commission  on  17  February  2014  and  was 
submitted to the European Parliament and the Council for scrutiny. Its main objective 
is  to  adapt  the  rules  on  reporting  requirements  to  the  new  method  for  determining 
CO2  emissions  for  multi-stage  vehicles,  as  set  out  in  Annex  II  to  Commission 
Regulation (EC) No 692/2008. 

3.2  Article  11(7)  of  Regulation  (EU)  No  510/2011  requires  the  Commission  to  adopt 
delegated acts in order to supplement the Regulation, 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. 

2 Commission Delegated Regulation (EU) No 205/2012 of 6 January 2012 amending Annex II to Regulation (EU) 
No 510/2011 of the European Parliament and of the Council with regard to the data source and the data 
parameters to be reported by Member States, OJ L 72, 10.03.2012, p. 2. 
3 Commission Delegated Regulation (EU) No 404/2014 of 17 February 2014 amending Annex II to Regulation 
(EU) No 510/2011 of the European Parliament and of the Council as regards the monitoring of CO 2 emissions 
from new light commercial vehicles type-approved in a multi-stage process, OJ L 121, 24.04.2014, p. 1. 

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This  delegated  act4  was  adopted  by  the  Commission  on  6  November  2012  and  was 
submitted to the European Parliament and the Council for scrutiny. The main objective of 
this  legal  act  is  to  lay  down  the  information  to  be  provided  by  small-volume 
manufacturers,  for  the  purpose  of  demonstrating  that  they  meet  the  conditions  for  a 
derogation from specific CO2 emission reduction targets pursuant to Regulation (EU) No 
510/2011. 

In addition, the Commission has adopted two delegated acts for the purpose of correcting 
the baseline average CO2 specific emissions for two small volume manufacturers: 

a)  Commission Delegated Regulation (EU) No 1047/20135 corrects the average specific 
emissions  for  the  manufacturer  Piaggio  for  the  calendar  year  2010,  following  the 
notification  by  the  applicant  of  higher  emissions  than  the  value  indicated  in 
Commission Delegated Regulation (EU) No 114/20136; 

b)  Commission  Delegated Regulation  (EU) No 482/20147corrects the average  specific 
emissions for the manufacturer Great Wall Motor Company Limited for the calendar 
year  2010,  following  the  notification  by  the  applicant  of  higher  emissions  than  the 
value indicated in Commission Delegated Regulation (EU) No 114/2013. 

3.3  Article  13(5)  of  Regulation  (EU)  No  510/2011  requires  the  Commission  to  adopt 
delegated  acts  in  order  to  amend  by  31  October  2016  (and  every  three  years  thereafter) 
Annex I of that Regulation. 

This  delegated  act8  was  adopted  by  the  Commission  on  14  December  2016  and  was 
submitted to the European Parliament and the Council for scrutiny. The main objective of 
this  legal  act  is  to  adapt  the  average  mass  value  used  for  calculating  the  specific  CO2 
emissions of new light commercial vehicles, by taking into account the average mass of 
new vehicles registered in the Union. 

4  Commission  Delegated  Regulation  (EU)  No  114/2013  of  6  November  2012  supplementing  Regulation  (EU) 
No  510/2011  of  the  European  Parliament  and  of  the  Council  with  regard  to  rules  for  the  application  for  a 
derogation from the specific CO 2 emissions targets for new light commercial vehicles, OJ L 38, 9.2.2013, p. 1. 
5 Commission Delegated Regulation (EU) No 1047/2013 of 21 August 2013 amending Commission Delegated 
Regulation (EU) No 114/2013 for the purpose of correcting the 2010 average specific CO 2 emissions specified 
for the manufacturer Piaggio, OJ L 285, 29.10.2013, p. 1. 
6  Commission  Delegated  Regulation  (EU)  No  114/2013  of  6  November  2012  supplementing  Regulation  (EU) 
No  510/2011  of  the  European  Parliament  and  of  the  Council  with  regard  to  rules  for  the  application  for  a 
derogation from the specific CO 2 emissions targets for new light commercial vehicles, OJ L 38, 9.2.2013, p. 1. 
7 Commission Delegated Regulation (EU) No 482/2014 of 4 March 2014 amending Delegated Regulation (EU) 
No  114/2013  as  regards  the  2010  average  specific  CO2  emissions  specified  for  the  manufacturer  Great  Wall 
Motor Company Limited, OJ L 138, 13.5.2014, p. 51. 
8 Commission Delegated Regulation (EU) No 2017/748 of 14 December 2016 amending Annex I to Regulation 
(EU) No 510/2011 of the European Parliament and of the Council in order to take into account the evolution of 
the mass of new light commercial vehicles registered in 2013, 2014 and 2015, OJ L 113, 29.04.2017, p. 9. 

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3.4  The  fourth  paragraph  of  Article  13(6)  of  Regulation  (EU)  No  510/2011  requires  the 
Commission to adopt delegated acts in order to adapt the formulae set out in Annex I of 
that Regulation. 

This delegated act9 was adopted by the Commission on 2 June 2017 and was submitted to 
the European Parliament and the Council for scrutiny. The main objective of this legal act 
is  to  adapt  the  specific  CO2  emission  targets  and  the  reporting  and  monitoring 
requirement to the change in the regulatory test procedure for measuring such emissions. 
The World Harmonised Light Vehicles Test Procedure (WLTP) is set out in Commission 
Regulation  (EU)  2017/115110  and  replaces  the  New  European  Test  Cycle  (NEDC) 
pursuant  to  Commission  Regulation  (EC)  No  692/200811,  with  effect  starting  from  1 
September 2017. 

4. Conclusion 

Regulation  (EU)  No  510/2011  has  applied  since  2011.  So  far,  the  Commission  has  adopted 
delegated  acts  to  define  and  amend  rules  for  monitoring  and  reporting  of  data  on  average 
emissions,  in  particular  laying  down  details  on  the  information  to  be  provided  by 
manufacturers that wish to apply for emission derogation and adjusting the target calculation 
formulae and mass values in Annex I and II to the Regulation. No objections have been raised 
as a result of the scrutiny of those acts by the European Parliament and the Council. 

The Commission invites the European Parliament and the Council to take note of this report. 

9 Commission Delegated Regulation (EU) 2017/1499 of 2 June 2017 amending Annexes I and II to Regulation 
(EU) No 510/2011 of the European Parliament and of the Council for the purpose of adapting them to the change 
in  the  regulatory  test  procedure  for  the  measurement  of  CO2  from  light  commercial  vehicles,  OJ  L  219, 
25.08.2017, p. 1. 
10 Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the 
European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light 
passenger  and  commercial  vehicles  (Euro  5  and  Euro  6)  and  on  access  to  vehicle  repair  and  maintenance 
information,  amending  Directive  2007/46/EC  of  the  European  Parliament  and  of  the  Council,  Commission 
Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) 
No 692/2008, OJ L 175, 7.7.2017, p. 1. 
11 Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 
715/2007  of  the  European  Parliament  and  of  the  Council  on  type-approval  of  motor  vehicles  with  respect  to 
emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and 
maintenance information, OJ L 199, 28.7.2008, p. 1. 

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