Article 6F10Pooling
1
Manufacturers, other than manufacturers which have been granted a derogation under Article 10, 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 F2provide the following information to the Secretary of State:
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 8;
c
evidence that the pool manager will be able to fulfil the obligations under point (b);
d
the category of vehicles registered as M1 or N1, for which the pool shall apply.
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 8, the F3Secretary of State shall notify the manufacturers.
4
Manufacturers included in a pool shall jointly inform the F4Secretary of State 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 8, 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 F5sections 2 (agreements etc. preventing, restricting or distorting competition) and 18 (abuse of dominant position) of the Competition Act 1998 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 F6any enactment relating to competition 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 CO2;
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 of this Article, the manufacturers in a pool in respect of which information is F7provided to the Secretary of State 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 7(4).
8
F19
Information required to be provided to the Secretary of State by virtue of paragraph 2 or 4 must:
a
be in writing and dated;
b
include the name and address of the pool manager to whom the Secretary of State may respond;
c
include the names of the other manufacturers in the pool;
d
be sent to the Secretary of State by post, delivered by hand or, with the express agreement of the Secretary of State, sent by electronic means.