Commission Implementing Decision (EU) 2015/2251Show full title

Commission Implementing Decision (EU) 2015/2251

of 26 November 2015

confirming or amending the average specific emission of CO₂ and specific emissions targets for manufacturers of passenger cars for the calendar year 2014 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council

(notified under document C(2015) 8348)

(Only the Dutch, English, French, German, Italian, and Swedish texts are authentic)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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(1), and in particular the second subparagraph of Article 8(5) and Article 10(1) thereof,

Whereas:

(1) The Commission is required, pursuant to Article 8(5) of Regulation (EC) No 443/2009, to confirm each year the average specific emissions of CO₂ and the specific emissions target for each manufacturer of passenger cars in the Union as well as for each pool of manufacturers formed in accordance with Article 7(1) of that Regulation. On the basis of that confirmation, the Commission is to determine whether manufacturers and pools have complied with the requirements of Article 4 of that Regulation.

(2) Pursuant to Article 4 of Regulation (EC) No 443/2009 the average specific emissions of manufacturers for 2014 are calculated in accordance with the second paragraph of that Article and take into account 80 % of the manufacturer's new cars registered in that year.

(3) The detailed data to be used for the calculation of the average specific emissions and the specific emissions targets is set out in point 1 of Part A and in Part C of Annex II to Regulation (EC) No 443/2009 and is based on Member States' registrations of new passenger cars during the preceding calendar year.

(4) The 2014 data were submitted to the Commission by the time limit of 28 February 2015 in accordance with Article 8(2) of Regulation (EC) No 443/2009 by a majority of the Member States. Where, as a result of the verification of the data by the Commission, it was evident that certain data were missing or manifestly incorrect, the Commission contacted the Member States concerned and, subject to the agreement of those Member States, adjusted or completed the data accordingly. Where no agreement could be reached with a Member State, the provisional data of that Member State was not adjusted.

(5) On 15 April 2015, the Commission published the provisional data and notified 93 manufacturers of the provisional calculations of their average specific emissions of CO₂ in 2014 and their specific emissions targets in accordance with Article 8(4) of Regulation (EC) No 443/2009. Manufacturers were asked to verify the data and to notify the Commission of any errors within 3 months of receipt of the notification in accordance with the first subparagraph of Article 8(5) of that Regulation and Article 9(3) of Commission Regulation (EU) No 1014/2010(2). Two manufacturers accepted the preliminary data without corrections whilst 40 manufacturers submitted notifications of errors within the given time limit.

(6) For the remaining 51 manufacturers that did not notify any errors in the datasets or respond otherwise, the provisional data and provisional calculations of the average specific emissions and the specific emissions targets should be confirmed without adjustments. For one manufacturer all vehicles reported in the provisional dataset were outside the scope of Regulation (EC) No 443/2009.

(7) The Commission has verified the corrections notified by the manufacturers and the respective justifications, and the dataset has been adjusted as appropriate.

(8) In the case of records with missing or incorrect identification parameters, such as the type, variant, version code or the type approval number, the fact that manufacturers cannot verify or correct those records should be taken into account. As a consequence, it is appropriate to apply an error margin to the CO₂ emissions and mass values of those records.

(9) The error margin should be calculated as the difference between the distances to the specific emissions target expressed as the average emission target subtracted from the specific average emissions calculated including and excluding those registrations that cannot be verified by the manufacturers. Regardless of whether that difference is positive or negative, the error margin should always improve the manufacturer's position with regard to its specific emission target.

(10) In accordance with Article 10(2) of Regulation (EC) No 443/2009, a manufacturer should be considered as compliant with its specific emission target referred to in Article 4 of that Regulation where the average emissions indicated in this Decision are lower than the specific emissions target, expressed as a negative distance to target. Where the average emissions exceed the specific emissions target, an excess emission premium are to be imposed in accordance with Article 9 of Regulation (EC) No 443/2009, unless the manufacturer concerned benefits from an exemption from that target in accordance with Article 2(4) or Article 11 of that Regulation or is a member of a pool in accordance with Article 7 of that Regulation and the pool complies with its specific emissions target. On that basis, one manufacturer should be considered exceeding its specific emission target for 2014.

(11) Following a statement by the Volkswagen Group on 3 November 2015 that irregularities were found when determining type approval CO₂ levels of some of their vehicles, the average specific emissions of CO₂ and the specific emissions targets should not be confirmed for the Volkswagen pool and its members until further clarification is provided by the Volkswagen Group. As a consequence the Volkswagen pool and its members (Audi AG, Audi Hungaria Motor Kft., Bentley Motors Ltd, Bugatti Automobiles S.A.S., Automobili Lamborghini S.p.A., Dr Ing. h.c. F. Porsche AG, Quattro GmbH, Seat S.A., Skoda Auto A.S., and Volkswagen AG) should not be subject to this Decision.

(12) The average specific emissions of CO₂ from new passenger cars registered in 2014, the specific emissions targets and the difference between those two values should be confirmed accordingly,

HAS ADOPTED THIS DECISION:

(1)

OJ L 140, 5.6.2009, p. 1.

(2)

Commission Regulation (EU) No 1014/2010 of 10 November 2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 293, 11.11.2010, p. 15).