REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the delegation conferred on the Commission pursuant to Regulation (EC) No 443/2009 setting emission performance standards for new passenger cars as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles
Date: 2018-11-08
Institutions: Directorate-General for Climate Action, European Commission
Subjects: delegated legislation, environmental standard, greenhouse gas, light-duty vehicle, motor car, motor vehicle pollution, powers of the institutions (EU), reduction of gas emissions, technical standard, transfer of competence

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 8.11.2018  COM(2018) 735 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 (EC) No 443/2009 setting emission performance standards for new passenger cars as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles  
 
 
1. Introduction  

Regulation (EC) No 443/2009 of the European Parliament and of the Council1 sets targets for 
the average CO2 emissions from new passenger cars registered in the Union, to be achieved by 
means of improvements in vehicle technology and innovative technologies. 

Regulation (EC) No 443/2009 empowers the Commission to adopt delegated acts, as referred 
to in Article 14a(2), 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(8); 

  amending Annex I by 31 October 2014 (and every three years thereafter) to adjust the 
figure M0  to  the average mass of new passenger cars in  the previous three  years, as 
provided for in Article 13(2); 

  amending  Annex  I,  to  adapt  the  formulae  to  determine  the  indicative  specific  CO2 
emissions of passenger cars, as provided for in the second paragraph of Article 13(7). 

2. Legal basis  

With  this  report,  the  Commission  aims  to  meet  the  obligation  set  by  Article  14a(2)  of 
Regulation  (EC)  No  443/2009.  Under  this  Article,  the  Commission  has  the  power  to  adopt 
delegated acts for a period of five years, running from 8 April 2014. 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 five-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 oppose such extension not later than three months before the end of each period.  

3. Exercise of the delegation  

Article 14a(2) of Regulation (EC) No 443/2009 empowers the Commission to adopt delegated 
acts  referred  to  in  Article  8(9),  Article  11(8),  the  third  paragraph  of  Article  13(2)  and  the 
second paragraph of Article 13(7) of that Regulation.  

3.1  Article  8(9)  of  Regulation  (EC)  No  443/2009  requires  the  Commission  to  amend 
Annex  II  and  lay  down,  by  means  of  delegated  acts,  detailed  rules  for  monitoring  and 

1 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 for light-duty vehicles, OJ L 140, 05.6.2009, p. 1. 

1 

 
 
 
 
                                                           
reporting of data on average emissions of new passenger cars registered in the territory of 
the EU. 

A  delegated  act2  was  adopted  on  2  June  2017  and  was  submitted  to  the  European 
Parliament and the Council for scrutiny. One of the objectives of the act was to adapt the 
reporting and monitoring requirement  to the change in the regulatory test procedure for 
measuring such emissions (see section 3.4). 

3.2  Article  11(8)  of  Regulation  (EC)  No  443/2009  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. 

Since  the  power  to  adopt  delegated  acts  has  been  conferred  on  the  Commission3,  no 
delegated act has been adopted for the purpose of Article 11(8). 

3.3  Article  13(2)  of  Regulation  (EC)  No  443/2009  requires  the  Commission  to  adopt 
delegated  acts  in  order  to  amend  by  31  October  2014  (and  every  three  years  thereafter) 
Annex  I  of  that  Regulation.  The  objective  of  this  empowerment  is  to  ensure  a  regular 
adaptation  of the average mass value used for  calculating the specific CO2 emissions of 
new passenger cars, by taking into account the average mass of new vehicles registered in 
the Union in a preceding three year period. 

The  first  delegated  act4  was  adopted  by  the  Commission  on  31  October  2014  and  was 
submitted to the European Parliament  and the Council for scrutiny. A second delegated 
act5  was  adopted  by  the  Commission  three  years  later  on  23  January  2018  and  was 
submitted to the European Parliament and the Council for scrutiny. 

3.4 The second subparagraph of Article 13(7) of Regulation  (EC) No 443/2009  requires 
the Commission to adopt delegated acts in order to adapt the formulae set out in Annex I 
of that Regulation. 

2 Commission Delegated Regulation (EU) 2017/1502 of 2 June 2017 amending Annexes I and II to Regulation 
(EC) No 443/2009 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 duty vehicles, OJ L 221, 26.08.2017, p. 
4. 
3 Commission Regulation (EU) No 397/2013 of 30 April 2013 amending Regulation (EC) No 443/2009 of the 
European Parliament and of the Council as regards the monitoring of CO2 emissions from new passenger cars, 
OJ L 120, 01.05.2013, p. 4-8. 
4 Commission Delegated Regulation (EU) No 2015/6 of 31 October 2014 amending Annex I to Regulation (EC) 
No 443/2009 of the European Parliament and of the Council in order to take into account the evolution of the 
mass of new passenger cars registered in 2011, 2012 and 2013, OJ L 3, 07.01.2015, p. 1. 
5 Commission Delegated Regulation (EU) No 2018/649 of 23 January 2018 amending Annex I to Regulation 
(EC) No 443/2009 of the European Parliament and of the Council as regards the evolution of the mass of new 
passenger cars registered in 2014, 2015 and 2016, OJ L 108, 27.04.2018, p. 14-15. 

2 

 
 
 
 
 
 
 
 
 
                                                           
Commission Delegated Regulation (EU) 2017/1502  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)  2017/11516  and  replaces  the  New 
European  Driving  Cycle  (NEDC)  pursuant  to  Commission  Regulation  (EC)  No 
692/20087, with effect starting from 1 September 2017. 

4. Conclusion 

Regulation  (EC)  No  443/2009  has  applied  since  2009.  So  far,  the  Commission  has  adopted 
delegated  acts  to  define  and  amend  rules  for  monitoring  and  reporting  of  data  on  average 
emissions, in particular 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. 

6 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. 
7 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. 

3