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2011/878/EU: Commission Implementing Decision of 20 December 2011 confirming the provisional calculation of average specific CO 2 emissions and specific emissions targets for manufacturers of passenger cars for the calendar year 2010 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council Text with EEA relevance

OJ L 343, 23.12.2011, p. 97–104 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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23.12.2011   

EN

Official Journal of the European Union

L 343/97


COMMISSION IMPLEMENTING DECISION

of 20 December 2011

confirming the provisional calculation of average specific CO2 emissions and specific emissions targets for manufacturers of passenger cars for the calendar year 2010 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council

(Text with EEA relevance)

(2011/878/EU)

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(7) 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. Where it is clear that a manufacturer or a pool has failed to meet its specific emissions target, the Commission is required, pursuant to Article 9(1) of that Regulation, to issue excess emissions premiums by way of individual decisions addressed to the manufacturers or pool managers concerned.

(2)

Pursuant to Article 4 of Regulation (EC) No 443/2009, the targets are binding on manufacturers and pools with effect from 2012. For the calendar years 2010 and 2011, the Commission should however calculate indicative targets and, pursuant to Article 8(6) of that Regulation, notify those manufacturers or pools whose average specific emissions exceed their indicative targets. As those targets for 2010 and 2011 will serve as indicators to manufacturers of the effort required to reach the mandatory target in 2012, it is appropriate to determine the average specific emissions of manufacturers for 2010 and 2011 in accordance with requirements set out in the second paragraph of Article 4 of that Regulation and take into account only the 65 % lowest emitting vehicles of each manufacturer.

(3)

The data to be used for the calculation of the average specific emissions and the specific emissions targets is set out 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. The data is taken from the certificates of conformity issued by the manufacturers or from documents providing equivalent information in accordance with Article 3(1) of 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 (2).

(4)

The data for 2010 was transmitted to the Commission by the deadline of 28 February 2011 specified in Article 8(2) of Regulation (EC) No 443/2009 by a majority of the Member States. The complete datasets for all Member States were only, however, finally made available to the Commission by mid April and were subsequently provisionally verified.

(5)

Where, as a result of the initial verification, 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.

(6)

On 29 June 2011, the Commission published, in accordance with Article 8(4) of Regulation (EC) No 443/2009, the provisional data and notified 89 manufacturers of the provisional calculations of their average specific emissions in 2010 and their specific emissions targets. Manufacturers were asked to verify the data and to notify to the Commission any errors within 3 months of receipt of the notification in accordance with the first subparagraph of Article 8(5) of that Regulation.

(7)

On 12 August, guidelines for the notification of errors in the CO2 data from cars were published on the Commission website. The guidelines provide a format for notification and indicate the information required from the manufacturers to enable the Commission to take those errors into account.

(8)

Fifteen manufacturers submitted notifications of errors within the 3-month deadline. One manufacturer submitted a complete notification after the expiry of the deadline. Seven manufacturers out of those 15 submitted notifications that included detailed information on the errors and justifications for the corrections proposed. The remaining eight manufacturers submitted summary notifications that only partially complied with the Commission’s recommendations as to the format and contents of the notifications. In addition to those manufacturers that submitted notifications of error, eight manufacturers informed the Commission that there were errors in the datasets without providing any further information or evidence as to the nature or reasons for those errors.

(9)

In the case of the 73 manufacturers that did not notify any errors in the datasets or only informed the Commission of errors in the datasets without providing the necessary evidence, the provisional data and provisional calculations of the average specific emissions and the specific emissions targets should be confirmed without adjustments.

(10)

Where manufacturers have provided the necessary information and evidence supporting the existence of errors in the datasets, the Commission should consider those notifications and, where appropriate, amend the provisional calculations of the average specific emissions and the targets.

(11)

Member States’ registration authorities are solely responsible for the number of registrations reported to the Commission. As manufacturers’ sales data do not necessarily accurately reflect the number of registrations in a given Member State for a given period of time, it is not possible to consider errors in the number of registrations for the calculation of the average specific emissions. Only errors relating to the contents of the datasets for registered vehicles should therefore be considered. However, in some cases, manufacturers have notified that registrations should be attributed to another manufacturer. Those re-attributions should be reflected in the final confirmed datasets.

(12)

It results from the complete notifications that the manufacturers were able to identify a part of the datasets as correct and proposed corrections to those parts of the datasets that could be verified. Between 4 and 15 per cent of the datasets consist, however, of registrations referring to unidentifiable vehicles for which values such as CO2 emissions or mass cannot be verified by the manufacturer. This is usually due to missing information that is required in order for the manufacturer to identify the individual vehicles, more precisely the identification code composed of the type, variant and version of the vehicles concerned. In a small number of cases, registrations could be attributed to manufacturers, however, key data on CO2 emissions and mass were not available.

(13)

The Commission has verified the corrections proposed by the manufacturers and the supporting evidence. Where entries have been corrected either by inserting a missing value or by replacing an incorrect value for those registrations that can be verified by the manufacturer and the corrected values are consistent with values resulting from reference data sources, such as data from type approval documents, such corrections are justified. However, where a manufacturer has notified errors but not proposed corrections, notwithstanding that those errors could have been verified and corrected and has not sufficiently demonstrated that those corrections could not be made within the 3-month verification period, those errors should not be considered for the final calculation.

(14)

In the case of registrations that can be attributed to, but not verified by the manufacturers, the values for CO2 emissions and mass included in those registrations should still be used to calculate the average CO2 emissions and specific emissions target. It is however necessary to take into account the fact that manufacturers cannot verify those values and ensure that the inclusion does not have a negative impact on the final values determined for the manufacturers concerned. Accordingly, an error margin should be applied to that calculation reflecting the individual situation of the manufacturer as described and justified in the notification of errors. More precisely, an error margin should be calculated for the average specific emissions and the average mass, since those two parameters determine the distance to the specific emissions target of each manufacturer, i.e. how close a manufacturer is to achieving its specific emission target.

(15)

The error margin should be determined as the difference between the distances to the specific emission target expressed as the average emissions subtracted from the specific emissions targets 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 reduce the distance to the target of the manufacturer.

(16)

In the case of registrations where the values on CO2 emissions or mass are missing as well as the identification code, those registrations should not be taken into account for the final calculation of the average emissions.

(17)

Since the 2010 data verification exercise is the first to be carried out pursuant to Regulation (EC) No 443/2009, it is appropriate to exceptionally consider also those notifications that did not include all the information required by the Commission for fully taking into account the errors. The error margins to be applied to the final calculations referred to in those notifications should however be calculated on the basis of the Commission’s own assessment of the number of registrations that cannot be verified by those manufacturers. It is also appropriate, exceptionally, to take into account, for the confirmation of 2010 data, the notification of errors that was submitted shortly after the expiry of the deadline.

(18)

The average specific emissions of CO2 from new passenger cars registered in 2010, the specific emissions targets and the difference between those two values should be confirmed accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following values specified in the Annex are confirmed for each manufacturer of passenger cars and for each pool of manufacturers in respect of the 2010 calendar year:

(a)

the specific emissions target;

(b)

the average specific emissions of CO2, where appropriate adjusted by the relevant error margin;

(c)

the difference between the values referred to in points (a) and (b);

(d)

the average specific emissions of CO2 for all new passenger cars;

(e)

the average mass for all new passenger cars in the Union.

Article 2

This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union.

Done at Brussels, 20 December 2011.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 140, 5.6.2009, p. 1.

(2)  OJ L 293, 11.11.2010, p. 15.


ANNEX

Table 1

Values relating to the performance of manufacturers confirmed in accordance with Article 10(1) of Regulation (EC) No 443/2009

A

B

C

D

E

F

G

H

I

Manufacturer Name

Pools and Derogations

Number of registrations

Average CO2 (65 %) corrected

Specific emission target

Distance to target

Distance to target adjusted

Average mass

Average CO2 (100 %)

Alpina Burkard Bovensiepen GmbH + Co. KG

 

173

187,795

147,429

40,366

40,366

1 753,38

210,341

Artega Automobil GmbH & Co. KG

 

2

220,000

132,194

87,806

87,806

1 420,00

220,000

Aston Martin Lagonda Ltd

D

1 415

333,482

320,000

13,482

12,657

1 860,72

348,372

Audi AG

 

589 855

133,883

140,365

–6,482

–6,557

1 598,80

151,832

Automobiles Citroën

 

815 936

118,764

127,361

–8,597

–8,597

1 314,26

131,418

Automobiles Peugeot

 

974 248

119,208

127,704

–8,496

–8,496

1 321,76

131,021

Autovaz

 

3 911

212,171

126,410

85,761

85,761

1 293,44

219,516

Bayerische Motoren Werke AG

 

640 021

129,253

137,409

–8,156

–8,210

1 534,13

146,355

Bentley Motors Ltd

 

1 187

391,423

181,363

210,060

210,060

2 495,92

395,925

BMW M GmbH

 

77 120

133,513

142,836

–9,323

–13,535

1 652,88

156,242

Bugatti Automobiles SAS

 

8

584,600

159,225

425,375

425,375

2 011,50

589,250

Caterham Cars Limited

D

135

166,920

210,000

–43,080

–43,080

712,15

179,826

Chevrolet Italia

 

25 442

113,042

116,356

–3,314

–3,359

1 073,45

117,607

Chrysler Group LLC

 

31 121

192,081

157,480

34,601

34,601

1 973,32

215,200

CNG Technik

P1

583

225,000

134,782

90,218

89,953

1 476,64

226,252

Automobile Dacia SA

 

251 938

133,865

123,831

10,034

9,631

1 237,01

144,989

Daihatsu Motor Co. Ltd

 

18 972

128,351

117,975

10,376

10,376

1 108,86

145,374

Daimler AG, Stuttgart

P2

646 067

137,762

137,323

0,439

0,349

1 532,24

160,166

DR Motor Company SRL

 

4 943

122,413

120,642

1,771

1,771

1 167,22

138,566

Ferrari

D

2 361

300,718

303,000

–2,282

–2,282

1 751,12

322,468

FIAT Group Automobiles SpA

 

975 822

115,285

119,240

–3,955

–3,955

1 136,56

125,013

Ford-Werke GmbH

P1

1 076 887

121,128

126,226

–5,098

–5,605

1 289,42

136,552

Fuji Heavy Industries Ltd

ND

30 655

165,182

164,616

0,566

0,520

1 608,03

179,332

Geely Europe Ltd

 

918

115,916

140,077

–24,161

–24,161

1 592,50

131,466

General Motors Company

 

1 490

270,134

151,750

118,384

113,988

1 847,93

296,400

GM Daewoo Auto u. Tech. Comp.

 

146 117

125,759

124,606

1,153

1,138

1 253,96

143,544

GM Italia SRL

 

37 670

119,750

125,467

–5,717

–5,717

1 272,82

124,405

Great Wall Motor Company Limited

D

344

222,000

195,000

27,000

27,000

1 919,52

224,314

Gumpert Sportwagenmanufaktur GmbH

 

2

310,000

132,879

177,121

177,121

1 435,00

310,000

Honda Automobile China CO

P3

20 876

125,023

119,099

5,924

5,911

1 133,46

126,094

Honda Automobile Thailand CO

P3

1 444

142,000

120,816

21,184

21,184

1 171,03

142,615

Honda Motor CO

P3

102 890

124,841

128,710

–3,869

–4,083

1 343,77

143,823

Honda of the UK Manufacturing

P3

47 840

145,932

133,391

12,541

12,234

1 446,21

162,280

Honda Turkiye AS

P3

1 587

155,953

125,560

30,393

30,393

1 274,84

156,624

Hyundai Motor Europe GmbH

 

325 603

120,858

126,725

–5,867

–5,867

1 300,33

134,244

Iveco SpA

 

49

213,548

180,265

33,283

33,283

2 471,90

216,694

Jaguar Cars Ltd

D

23 740

178,656

178,025

0,631

0,631

1 900,33

199,016

Kia Motors Europe GmbH

 

253 706

126,251

131,248

–4,997

–4,997

1 399,30

143,272

KTM-Sportmotorcycle AG

D

57

173,432

200,000

–26,568

–26,568

882,89

179,000

Automobili Lamborghini SpA

 

265

323,977

141,293

182,684

182,506

1 619,11

357,362

Land Rover

D

65 534

209,295

178,025

31,270

31,270

2 351,43

231,494

Lotus Cars Limited

D

825

189,108

280,000

–90,892

–90,892

1 159,21

196,596

The London Taxi Company

 

1 662

225,087

154,227

70,860

70,860

1 902,13

227,739

Magyar Suzuki Corporation Ltd

 

87 204

130,004

121,130

8,874

8,843

1 177,91

136,665

Mahindra Europe SRL

 

48

246,839

160,042

86,797

86,797

2 029,38

251,500

Maruti Suzuki India Ltd

 

19 577

103,000

109,908

–6,908

–6,908

932,36

104,287

Maserati SpA

 

1 626

353,473

159,119

194,354

194,354

2 009,18

362,557

Mazda Motor Corporation

 

170 007

133,729

128,523

5,206

4,831

1 339,67

149,458

Mercedes-AMG GmbH, Affalterbach

P2

1 503

308,000

144,857

163,143

163,138

1 697,10

308,000

MG Motor UK Limited

D

264

184,871

184,000

0,871

0,871

1 180,16

184,717

Micro-Vett SpA

 

4

0,000

133,507

– 133,507

– 133,507

1 448,75

0,000

Mitsubishi Motors Corporation (MMC)

P4

72 594

145,036

138,601

6,435

6,377

1 560,20

165,144

Mitsubishi Motor R & D Europe GmbH

P4

16 530

119,878

114,793

5,085

5,084

1 039,25

127,284

Morgan Motor Co. Ltd

D

415

164,342

180,000

–15,658

–15,658

1 113,67

189,278

Nissan International SA

 

389 818

132,131

128,875

3,256

3,256

1 347,39

147,197

O.M.C.I. SRL

 

46

156,862

120,759

36,103

36,103

1 169,78

167,848

Adam Opel AG

 

935 499

126,920

130,483

–3,563

–3,767

1 382,56

139,529

OSV — Opel Special Vehicles GmbH

 

67

135,512

140,208

–4,696

–4,696

1 595,36

136,836

Perodua Manufacturing Sdn Bhd

 

690

136,480

113,634

22,846

22,846

1 013,88

140,230

Pgo Ingenierie

 

29

185,000

115,657

69,343

69,343

1 058,14

189,828

Dr. Ing. h.c. F. Porsche AG

 

34 512

220,872

152,089

68,783

68,783

1 855,34

238,859

Potenza Sports Cars

 

31

178,000

99,975

78,025

78,025

715,00

178,000

Proton Cars United Kingdom Ltd

D

792

143,315

185,000

–41,685

–41,685

1 394,89

153,557

Quattro GmbH

 

2 596

279,097

154,102

124,995

124,766

1 899,39

299,034

Renault

 

1 125 141

120,700

127,045

–6,345

–6,378

1 307,33

133,824

Rolls-Royce Motors Cars Ltd

 

413

315,616

181,297

134,319

133,038

2 494,48

332,063

Saab Automobile AB

 

19 979

156,561

143,922

12,639

12,639

1 676,64

175,341

Santana Motor SA

 

382

168,351

135,765

32,586

32,586

1 498,15

204,921

SEAT

 

288 629

120,162

125,722

–5,560

–5,647

1 278,38

131,162

Secma

 

26

155,000

97,370

57,630

57,630

658,00

155,000

Shijiazhuang Shuanghuan Automobile Company

 

44

266,357

152,951

113,406

113,406

1 874,20

267,682

SKODA auto a.s.

 

420 718

127,869

127,225

0,644

0,571

1 311,28

139,193

Sovab

 

94

227,066

166,119

60,947

60,947

2 162,34

230,138

Ssangyong Motor Company

D

4 785

203,851

180,000

23,851

23,851

2 023,10

215,728

Suzuki Motor Corporation

 

85 177

124,055

121,050

3,005

2,981

1 176,15

144,109

Tata Motors Limited

D

3 582

137,754

178,025

–40,271

–40,271

1 293,00

151,987

Tesla Motors Ltd

 

40

0,000

128,309

– 128,309

– 128,309

1 335,00

0,000

Think

 

144

0,000

120,248

– 120,248

– 120,248

1 158,61

0,000

Toyota Motor Europe NV/SA

 

564 633

112,241

128,349

–16,108

–16,273

1 335,87

129,056

Volkswagen AG

 

1 469 419

125,987

130,715

–4,728

–4,763

1 387,65

140,352

Volvo Car Corporation

 

204 926

134,492

143,273

–8,781

–8,781

1 662,43

156,948

Westfield Sports Cars

 

3

178,000

99,975

78,025

78,025

715,00

178,000

Wiesmann GmbH

D

8

253,000

274,000

–21,000

–21,000

1 409,88

257,250

Explanatory notes to Table 1:

Column B

‘D’ means that a derogation relating to a small volume manufacturer has been granted in accordance with Commission Implementing Decision C(2011) 8334 final;

‘ND’ means that a derogation relating to niche manufacturer has been granted in accordance with Commission Implementing Decision C(2011) 8336 final;

‘P’ means that the manufacturer is member of a pool (listed in table 2) formed in accordance with Article 7 of Regulation (EC) No 443/2009.

Column D

‘Average specific emissions (65 %) corrected’ means the average specific emissions of CO2 calculated in accordance with the first indent of the second subparagraph of Article 4 of Regulation (EC) No 443/2009 and section 4 of Commission Communication COM(2010) 657 based on the corrections notified to the Commission by the manufacturer concerned. That figure considers all vehicles with both a valid value for mass and CO2 emissions, including vehicles that cannot be verified by the manufacturers.

Column E

‘Specific emissions target’ means the emission target based on the average mass of all vehicles attributed to a manufacturer (100 % of all vehicles to be taken into account from 2015 onwards) after applying the formula set out in Annex I to Regulation (EC) No 443/2009.

Column F

‘Distance to target’ means the difference between the values in column D and column E.

Column G

‘Distance to target adjusted’ means the distance to target as indicated under Column F adjusted to take into account the error margin. The error is due to the unidentifiable vehicles (vehicles where the identification code for type, variant and version is missing) and it is calculated in accordance with the following formula:

Error = absolute value of [(AC1 – TG1) – (AC2 – TG2)]

AC1

=

the average specific emissions of CO2 including the unidentifiable vehicles (as set out in column D);

TG1

=

the specific emission target including the unidentifiable vehicles (as set out in column E);

AC2

=

the average emissions of CO2 excluding the unidentifiable vehicles;

TG2

=

the specific emission target excluding the unidentifiable vehicles.

Table 2

List of pools and values confirmed in accordance with Article 10(1) of Regulation (EC) No 443/2009

A

B

C

D

E

F

G

H

I

Pool Name

Pool

Number of registrations

Average CO2 (65 %) corrected

Specific emissions target

Distance to target

Distance to target adjusted

Average mass

Average CO2 (100 %)

FORD-WERKE GMBH

P1

1 077 470

121,143

126,231

–5,088

–5,182

1 162,42

127,80

DAIMLER AG

P2

647 570

137,834

137,340

0,494

–0,016

1 167,88

140,91

HONDA MOTOR EUROPE LTD

P3

174 637

128,612

128,750

–0,138

–0,365

1 344,64

146,87

MITSUBISHI MOTORS

P4

89 124

137,055

134,185

2,870

2,840

1 463,58

158,12


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