Commission Delegated Regulation (EU) No 114/2013Show full title

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 CO₂ emissions targets for new light commercial vehicles

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to 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 vehicles(1), and in particular Article 11(7) thereof,

Whereas:

(1) According to Article 11 of Regulation (EU) No 510/2011 small-volume manufacturers (hereinafter ‘applicants’) may apply for alternative emissions reduction targets that must be consistent with their reduction potential, including the economic and technological potential to reduce their specific emissions of CO₂, and take into account the characteristics of the market for the types of new light commercial vehicles concerned.

(2) In determining the applicant’s reduction potential, the applicant’s economic and technological potential should be assessed. For that purpose the applicant should provide detailed information on its economic activities as well as information on CO₂ reducing technologies used in light commercial vehicles. The information requested includes data that is readily available to the applicant and should not entail an additional administrative burden.

(3) In order to provide the applicants with a clear baseline to be used for setting the specific emissions targets, it is appropriate to use the most recent available data regarding average specific CO₂ emissions in 2010. Where those data do not exist the target should be compared to the data regarding average specific CO₂ emissions in the following calendar year closest to 2010.

(4) In order to facilitate the application, a list of manufacturers and their average specific CO₂ emissions in the Union in 2010 should be provided. The list has been drawn up following a formal consultation with the Member States and the main stakeholders in the group of experts for policy development and implementation of CO₂ from road vehicles on 9 July 2012.

(5) In order to take into account the limited amount of products offered by some applicants and resulting limited scope for distribution of the effort to reduce average specific CO₂ emissions over the fleet, the applicants should be allowed to choose between a single yearly specific emission target for the period of derogation or different yearly targets, resulting in a reduction from the 2010 baseline at the end of the derogation period.

(6) In accordance with the exception from the right to public access to documents set out in Article 4(2) of 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(2) certain information contained in the application for derogation should be exempted from public access where disclosure of this information would undermine the protection of commercial interest, in particular information on the applicant’s product planning, expected costs and impacts on the profitability of the company. The decisions granting derogations will be published by the Commission on the internet,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 145, 31.5.2011, p. 1.

(2)

OJ L 145, 31.5.2001, p. 43.