Article 1 Subject matter and objectives
1. This Regulation establishes CO 2 emissions performance requirements for new light commercial vehicles. This Regulation sets the average CO 2 emissions for new light commercial vehicles at 175 g CO 2 /km, by means of improvements in vehicle technology, as measured in accordance with Regulation (EC) No 715/2007 and its implementing measures, and innovative technologies. 2. From 2020, this Regulation sets a target of 147 g CO 2 /km for the average emissions of new light commercial vehicles registered in the Union subject to confirmation of its feasibility, as specified in Article 13(1).
Article 2 Scope
1. This Regulation shall apply to motor vehicles of category N 1 as defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and to vehicles of category N 1 to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007 (‘light commercial vehicles’) which are registered in the Union for the first time and which have not previously been registered outside the Union (‘new light commercial vehicles’). 2. A previous registration outside the Union made less than three months before registration in the Union shall not be taken into account. 3. This Regulation shall not apply to special purpose vehicles as defined in point 5 of Part A to Annex II to Directive 2007/46/EC.
Article 3 Definitions
1. For the purposes of this Regulation, the following definitions shall apply: (a) ‘average specific emissions of CO 2 ’ means, in relation to a manufacturer, the average of the specific emissions of CO 2 of all light commercial vehicles of which it is the manufacturer; (b) ‘certificate of conformity’ means the certificate referred to in Article 18 of Directive 2007/46/EC; (c) ‘completed vehicle’ means a vehicle where type-approval is granted following completion of a process of multi-stage type-approval in accordance with Directive 2007/46/EC; (d) ‘complete vehicle’ means any vehicle which does not need to be completed in order to meet the relevant technical requirements of Directive 2007/46/EC; (e) ‘base vehicle’ means any vehicle which is used at the initial stage of a multi-stage type-approval process; (f) ‘manufacturer’ means the person or body responsible to the approval authority for all aspects of the EC type-approval procedure in accordance with Directive 2007/46/EC and for ensuring conformity of production; (g) ‘mass’ means the mass of the vehicle with bodywork in running order as stated in the certificate of conformity and defined in Section 2.6 of Annex I to Directive 2007/46/EC; (h) ‘specific emissions of CO 2 ’ means the emissions of a light commercial vehicle measured in accordance with Regulation (EC) No 715/2007 and specified as the CO 2 mass emission (combined) in the certificate of conformity of the complete or completed vehicle; (i) ‘specific emissions target’ means, in relation to a manufacturer, the average of the indicative specific emissions of CO 2 determined in accordance with Annex I in respect of each new light commercial vehicle for which it is the manufacturer, or, if the manufacturer is granted a derogation in accordance with Article 11, the specific emissions target determined according to that derogation; (j) ‘footprint’ means the average track width multiplied by the wheelbase as stated in the certificate of conformity and defined in Sections 2.1 and 2.3 of Annex I to Directive 2007/46/EC; (k) ‘payload’ means the difference between the technically permissible maximum laden mass pursuant to Annex II to Directive 2007/46/EC and the mass of the vehicle. 2. For the purposes of this Regulation ‘a group of connected manufacturers’ means a manufacturer and its connected undertakings. In relation to a manufacturer, ‘connected undertakings’ means: (a) undertakings in which the manufacturer has, directly or indirectly: (i) the power to exercise more than half the voting rights; or (ii) the power to appoint more than half the members of the supervisory board, board of management or bodies legally representing the undertaking; or (iii) the right to manage the undertaking's affairs; (b) undertakings which directly or indirectly have, over the manufacturer, the rights or powers listed in point (a); (c) undertakings in which an undertaking referred to in point (b) has, directly or indirectly, the rights or powers listed in point (a); (d) undertakings in which the manufacturer together with one or more of the undertakings referred to in points (a), (b) or (c), or in which two or more of the latter undertakings, jointly have the rights or powers listed in point (a); (e) undertakings in which the rights or the powers listed in point (a) are jointly held by the manufacturer or one or more of its connected undertakings referred to in points (a) to (d) and one or more third parties.
Article 4 Specific emissions targets
For the calendar year commencing 1 January 2014 and each subsequent calendar year, each manufacturer of light commercial vehicles shall ensure that its average specific emissions of CO 2 do not exceed its specific emissions target determined in accordance with Annex I or, where a manufacturer is granted a derogation under Article 11, in accordance with that derogation. Where the specific emissions of the completed vehicle are not available, the manufacturer of the base vehicle shall use the specific emissions of the base vehicle for determining its average specific emissions of CO 2 . For the purpose of determining each manufacturer's average specific emissions of CO 2 , the following percentages of each manufacturer's new light commercial vehicles registered in the relevant year shall be taken into account: — 70 % in 2014, — 75 % in 2015, — 80 % in 2016, — 100 % from 2017 onwards.
Article 5 Super-credits
In calculating the average specific emissions of CO 2 , each new light commercial vehicle with specific emissions of CO 2 of less than 50 g CO 2 /km shall be counted as: — 3,5 light commercial vehicles in 2014, — 3,5 light commercial vehicles in 2015, — 2,5 light commercial vehicles in 2016, — 1,5 light commercial vehicles in 2017, — 1 light commercial vehicle from 2018. For the duration of the super-credits scheme, the maximum number of new light commercial vehicles, with specific emissions of CO 2 of less than 50 g CO 2 /km, to be taken into account in the application of the multipliers set out in the first paragraph shall not exceed 25 000 light commercial vehicles per manufacturer.
Article 6 Specific emission target for alternative fuel light commercial vehicles
For the purpose of determining compliance by a manufacturer with its specific emissions target referred to in Article 4, the specific emissions of CO 2 of each light commercial vehicle which is designed to be capable of running on a mixture of petrol with 85 % bioethanol (‘E85’), and which complies with relevant Union legislation or European technical standards, shall be reduced by 5 % by 31 December 2015 in recognition of the greater technological and emission reduction capability when running on biofuels. This reduction shall apply only where at least 30 % of the filling stations in the Member State in which the light commercial vehicle is registered provide this type of alternative fuel complying with the sustainability criteria for biofuels set out in relevant Union legislation.
Article 7 Pooling
1. Manufacturers of new light commercial vehicles, other than manufacturers which have been granted a derogation under Article 11, may form a pool for the purposes of meeting their obligations under Article 4. 2. An agreement to form a pool may relate to one or more calendar years, provided that the overall duration of each agreement does not exceed five calendar years, and must be entered into on or before 31 December in the first calendar year for which emissions are to be pooled. Manufacturers which form a pool shall file the following information with the Commission: (a) the manufacturers who will be included in the pool; (b) the manufacturer nominated as the pool manager who will be the contact point for the pool and will be responsible for paying any excess emissions premium imposed on the pool in accordance with Article 9; (c) evidence that the pool manager will be able to fulfil the obligations under point (b). 3. Where the proposed pool manager fails to meet the requirement to pay any excess emissions premium imposed on the pool in accordance with Article 9, the Commission shall notify the manufacturers. 4. Manufacturers included in a pool shall jointly inform the Commission of any change of pool manager or of its financial status, in so far as this may affect its ability to meet the requirement to pay any excess emissions premium imposed on the pool in accordance with Article 9 and of any changes to the membership of the pool or the dissolution of the pool. 5. Manufacturers may enter into pooling arrangements provided that their agreements comply with Articles 101 and 102 TFEU and that they allow open, transparent and non-discriminatory participation on commercially reasonable terms by any manufacturer requesting membership of the pool. Without prejudice to the general applicability of Union competition rules to such pools, all members of a pool shall in particular ensure that neither data sharing nor information exchange may occur in the context of their pooling arrangement, except in respect of the following information: (a) the average specific emissions of CO 2 ; (b) the specific emissions target; (c) the total number of vehicles registered. 6. Paragraph 5 shall not apply where all the manufacturers included in the pool are part of the same group of connected manufacturers. 7. Except where notification is given under paragraph 3, the manufacturers in a pool in respect of which information is filed with the Commission shall be considered as one manufacturer for the purposes of meeting their obligations under Article 4. Monitoring and reporting information in respect of individual manufacturers as well as any pools will be recorded, reported and made available in the central register referred to in Article 8(4).
Article 8 Monitoring and reporting of average emissions
1. For the calendar year commencing 1 January 2012 and each subsequent calendar year, each Member State shall record information for each new light commercial vehicle registered in its territory in accordance with Part A of Annex II. This information shall be made available to the manufacturers and their designated importers or representatives in each Member State. Member States shall make every effort to ensure that reporting bodies operate in a transparent manner. 2. By 28 February of each year, commencing in 2013, each Member State shall determine and transmit to the Commission the information listed in Part B of Annex II in respect of the preceding calendar year. The data shall be transmitted in accordance with the format specified in Part C of Annex II. 3. On request from the Commission, a Member State shall also transmit the full set of data collected pursuant to paragraph 1. 4. The Commission shall keep a central register of the data reported by Member States under this Article and this register shall be publicly available. By 30 June 2013 and each subsequent year, the Commission shall provisionally calculate for each manufacturer: (a) the average specific emissions of CO 2 in the preceding calendar year; (b) the specific emissions target in the preceding calendar year; (c) the difference between its average specific emissions of CO 2 in the preceding calendar year and its specific emissions target for that year. The Commission shall notify each manufacturer of its provisional calculation for that manufacturer. The notification shall include data per Member State on the number of new light commercial vehicles registered and their specific emissions of CO 2 . 5. Manufacturers may, within three months of being notified of the provisional calculation under paragraph 4, notify the Commission of any errors in the data, specifying the Member State in which it considers that the error occurred. 6. The Commission shall consider any notifications from manufacturers and shall, by 31 October, either confirm or amend the provisional calculations under paragraph 4. 7. In relation to the calendar years 2012 and 2013 and on the basis of the calculations made pursuant to paragraph 5, the Commission shall notify a manufacturer where it appears to the Commission that the manufacturer's average specific emissions of CO 2 exceed its specific emissions target. 8. In each Member State, the competent authority for the collection and communication of the monitoring data in accordance with this Regulation shall be the one designated in accordance with Article 8(7) of Regulation (EC) No 443/2009. 9. The Commission shall adopt detailed rules for the monitoring and reporting of data under this Article and for the application of Annex II. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2). In order to take account of experience gained from the application of this Regulation, the Commission may amend Annex II by means of delegated acts in accordance with Article 15, and subject to the conditions laid down in Articles 16 and 17. 10. Member States shall also collect and report data, in accordance with this Article, on registrations of vehicles in categories M 2 and N 2 as defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and vehicles to which type approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007.
Article 9 Excess emissions premium
1. In respect of the period from 1 January to 31 December 2014 and every calendar year thereafter, the Commission shall impose an excess emissions premium on a manufacturer or pool manager, as appropriate, where a manufacturer's average specific emissions of CO 2 exceed its specific emissions target. 2. The excess emissions premium under paragraph 1 shall be calculated using the following formulae: (a) from 2014 until 2018: (i) for excess emissions of more than 3 g CO 2 /km: ((Excess emissions – 3 g CO 2 /km) × EUR 95 + EUR 45) × number of new light commercial vehicles; (ii) for excess emissions of more than 2 g CO 2 /km but no more than 3 g CO 2 /km: ((Excess emissions – 2 g CO 2 /km) × EUR 25 + EUR 20) × number of new light commercial vehicles; (iii) for excess emissions of more than 1 g CO 2 /km but no more than 2 g CO 2 /km: ((Excess emissions – 1 g CO 2 /km) × EUR 15 + EUR 5) × number of new light commercial vehicles; (iv) for excess emissions of no more than 1 g CO 2 /km: (Excess emissions × EUR 5) × number of new light commercial vehicles; (b) from 2019: (Excess emissions × EUR 95) × number of new light commercial vehicles. For the purposes of this Article the following definitions shall apply: — ‘excess emissions’ means the positive number of grams per kilometre by which a manufacturer's average specific emissions of CO 2 , taking into account CO 2 emissions reductions due to innovative technologies approved in accordance with Article 12, exceeded its specific emissions target in the calendar year or part thereof to which the obligation under Article 4 applies, rounded to the nearest three decimal places, and — ‘number of new light commercial vehicles’ means the number of new light commercial vehicles of which it is the manufacturer and which were registered in that period according to the phase-in criteria as set out in Article 4. 3. The Commission shall adopt detailed arrangements for the collection of excess emissions premiums under paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2). 4. The amounts of the excess emissions premium shall be considered as revenue for the general budget of the European Union.
Article 10 Publication of performance of manufacturers
1. By 31 October 2013 and 31 October of each subsequent year, the Commission shall publish a list indicating, for each manufacturer: (a) its specific emission target for the preceding calendar year; (b) its average specific emissions of CO 2 in the preceding calendar year; (c) the difference between its average specific emissions of CO 2 in the preceding calendar year and its specific emissions target in that year; (d) the average specific emissions of CO 2 for all new light commercial vehicles registered in the Union in the previous calendar year; (e) the average mass for all new light commercial vehicles registered in the Union in the preceding calendar year. 2. From 31 October 2015, the list published under paragraph 1 shall also indicate whether the manufacturer has complied with the requirements of Article 4 with respect to the preceding calendar year.
Article 11 Derogations for certain manufacturers
1. An application for a derogation from the specific emissions target calculated in accordance with Annex I may be made by a manufacturer of fewer than 22 000 new light commercial vehicles registered in the Union per calendar year, and which: (a) is not part of a group of connected manufacturers; or (b) is part of a group of connected manufacturers that is responsible in total for fewer than 22 000 new light commercial vehicles registered in the Union per calendar year; or (c) is part of a group of connected manufacturers but operates its own production facilities and design centre. 2. A derogation applied for under paragraph 1 may be granted for a maximum period of five calendar years. An application shall be made to the Commission and shall include: (a) the name of, and contact person for, the manufacturer; (b) evidence that the manufacturer is eligible for a derogation under paragraph 1; (c) details of the light commercial vehicles which it manufactures including the mass and specific emissions of CO 2 of those light commercial vehicles; and (d) a specific emissions target consistent with its reduction potential, including the economic and technological potential to reduce its specific emissions of CO 2 and taking into account the characteristics of the market for the type of light commercial vehicle manufactured. 3. Where the Commission considers that the manufacturer is eligible for a derogation applied for under paragraph 1 and is satisfied that the specific emissions target proposed by the manufacturer is consistent with its reduction potential, including the economic and technological potential to reduce its specific emissions of CO 2 , and taking into account the characteristics of the market for the type of light commercial vehicle manufactured, the Commission shall grant a derogation to the manufacturer. The derogation shall apply from 1 January of the year following the date of granting of the derogation. 4. A manufacturer which is subject to derogation in accordance with this Article shall notify the Commission immediately of any change which affects or may affect its eligibility for a derogation. 5. Where the Commission considers, whether on the basis of a notification under paragraph 4 or otherwise, that a manufacturer is no longer eligible for the derogation, it shall revoke the derogation with effect from 1 January of the next calendar year and shall notify the manufacturer thereof. 6. Where the manufacturer does not attain its specific emissions target, the Commission shall impose the excess emissions premium on the manufacturer, as set out in Article 9. 7. The Commission shall adopt rules to supplement paragraphs 1 to 6 of this Article, 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 CO 2 , by means of delegated acts in accordance with Article 15, and subject to the conditions laid down in Articles 16 and 17. 8. Applications for a derogation, including the information supporting it, notifications under paragraph 4, revocations under paragraph 5 and any imposition of an excess emissions premium under paragraph 6 and acts adopted pursuant to paragraph 7, shall be made publicly available, subject to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents ( 13 ) .
Article 12 Eco-innovation
1. Upon application by a supplier or a manufacturer, CO 2 savings achieved through the use of innovative technologies shall be considered. The total contribution of those technologies to reducing the specific emissions target of a manufacturer may be up to 7 g CO 2 /km. 2. The Commission shall adopt detailed provisions for a procedure to approve such innovative technologies by 31 December 2012. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2) of this Regulation. Those detailed provisions shall be in accordance with the provisions established by Article 12(2) of Regulation (EC) No 443/2009, and be based on the following criteria for innovative technologies: (a) the supplier or manufacturer must be accountable for the CO 2 savings achieved through the use of the innovative technologies; (b) the innovative technologies must make a verified contribution to CO 2 reduction; (c) the innovative technologies must not be covered by the standard test cycle CO 2 measurement or by mandatory provisions due to complementary additional measures complying with the 10 g CO 2 /km reduction referred to in Article 1 of Regulation (EC) No 443/2009 or be mandatory under other provisions of Union law. 3. A supplier or a manufacturer who applies for a measure to be approved as an innovative technology shall submit a report, including a verification report undertaken by an independent and certified body, to the Commission. In the event of a possible interaction of the measure with another innovative technology already approved, the report shall mention that interaction and the verification report shall evaluate to what extent that interaction modifies the reduction achieved by each measure. 4. The Commission shall attest the reduction achieved on the basis of the criteria set out in paragraph 2.
Article 13 Review and report
1. By 1 January 2013, the Commission shall complete a review of the specific emissions targets in Annex I and of the derogations in Article 11, with the aim of defining: — subject to confirmation of its feasibility on the basis of updated impact assessment results, the modalities for reaching, by the year 2020, a long-term target of 147 g CO 2 /km in a cost-effective manner, and — the aspects of the implementation of that target, including the excess emissions premium. On the basis of such a review and its impact assessment, which includes an overall assessment of the impact on the car industry and its dependent industries, the Commission shall, if appropriate, make a proposal to amend this Regulation, in accordance with the ordinary legislative procedure, in a way which is as neutral as possible from the point of view of competition, and which is socially equitable and sustainable. 2. The Commission shall, if appropriate, submit a proposal to the European Parliament and to the Council by 2014, to include in this Regulation vehicles in category N 2 and M 2 as defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and vehicles to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007, with a view to achieving the long-term target from 2020. 3. The Commission shall by 2014, following an impact assessment, publish a report on the availability of data on footprint and payload and their use as utility parameters for determining specific emissions targets and, if appropriate, submit a proposal to the European Parliament and to the Council to amend Annex I in accordance with the ordinary legislative procedure. 4. By 31 December 2011 the Commission shall set up a procedure to obtain representative values of CO 2 emissions, fuel efficiency and mass of completed vehicles while ensuring that the manufacturer of the base vehicle has timely access to the mass and to the specific emissions of CO 2 of the completed vehicle. 5. By 31 October 2016, and every three years thereafter, the Commission shall amend Annex I by means of delegated acts in accordance with Article 15, and subject to the conditions laid down in Articles 16 and 17, to adjust the figure M 0 , referred to therein, to the average mass of new light commercial vehicles in the previous three calendar years. Those adjustments shall take effect for the first time on 1 January 2018 and every three years thereafter. 6. The Commission shall include light commercial vehicles in the review of the procedures for measuring CO 2 emissions in accordance with Article 13(3) of Regulation (EC) No 443/2009. From the date of application of the revised procedure for the measuring of CO 2 emissions, innovative technologies shall no longer be approved under the procedure set out in Article 12. The Commission shall include light commercial vehicles in the review of Directive 2007/46/EC in accordance with Article 13(4) of Regulation (EC) No 443/2009. In order to reflect any change in the regulatory test procedure for the measurement of specific CO 2 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 conditions laid down in Articles 16 and 17.
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 of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol ( 14 ) . That committee is 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.
Article 15 Exercise of the delegation
1. The power to adopt delegated acts referred to in the second subparagraph of Article 8(9), Article 11(7), Article 13(5) and the fourth subparagraph of Article 13(6), shall be conferred on the Commission for a period of five years from 3 June 2011. The Commission shall draw up a report in respect of the delegated power at the latest six months before the end of the five-year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 16. 2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 3. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 16 and 17.
Article 16 Revocation of the delegation
1. The delegation of power referred to in the second subparagraph of Article 8(9), Article 11(7), Article 13(5) and the fourth subparagraph of Article 13(6) may be revoked at any time by the European Parliament or the Council. 2. The institution which has commenced an internal procedure for deciding whether to revoke a delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation. 3. The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union .
Article 17 Objections to delegated acts
1. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council that period shall be extended by two months. 2. If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein. The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections. 3. If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
Article 18 Entry into force
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union .