Council of the
European Union
Brussels, 31 October 2018
(OR. en)
13654/18
Interinstitutional File:
2017/0293(COD)
LIMITE
CLIMA 193
ENV 699
TRANS 482
MI 773
CODEC 1824
NOTE
From:
General Secretariat of the Council
To:
Permanent Representatives Committee
No. prev. doc.:
12903/18
No. Cion doc.:
14217/1/17 REV 1 - COM(2017)676 final/2
Subject:
Proposal for a Regulation of the European Parliament and of the Council
setting emission performance standards for new passenger cars and for
new light commercial vehicles as part of the Union's integrated approach to
reduce CO2 emissions from light-duty vehicles and amending Regulation
(EC) No 715/2007 (recast)
= Preparation for the trilogue
I.
INTRODUCTION
1.
On 8 November 2017 the Commission submitted a proposal for a Regulation on setting new
CO2 emission standards for cars and vans. The aim of the proposal is inter alia to contribute to
reaching the 30% reduction target by 2030 in the non-ETS sectors set by the European
Council, as translated into the national targets in the Effort Sharing Regulation, and to
achieving the objectives of the Paris Agreement.
2.
The Economic and Social Committee delivered its opinion on 14 February 2018.
The Committee of the Regions decided not to give an opinion.
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link to page 2
3.
In the European Parliament, Ms. Miriam DALLI (S&D, MT) was appointed as rapporteur for
the proposal on behalf of the ENVI Committee. On 3 October 2018, the Parliament adopted
71 amendments to the proposal.
4.
On 9 October 2018, the Council reached a general approach
1.
5.
On 10 October 2018, the first trilogue was held.
6.
On 15 October 2018, the Environment Working Party (WPE) examined the Parliament's
amendments.
7.
Following the first trilogue, three Technical Meetings have been held, the latest on 26 October
making progress on a number of issues in preparation of the second trilogue scheduled for
13 November 2018.
II. PRESIDENCY SUGGESTIONS IN VIEW OF THE TRILOGUE
8.
Following the examination of the Parliament's amendments at the Working Party and the
technical discussions with the Parliament and the Commission, the second trilogue will focus
on issues where it is assessed that progress can be achieved. In this context, the Presidency in
particular proposes the following:
a) Supporting measures (Light weighting, infrastructure, batteries et. al.) (Amendments 2,
4, 12 and 16):
The Commission has suggested more concise recitals on the issues of light weighting
and measures to provide the enabling framework for the transition to zero- and low-
emission vehicles. The Presidency suggests to accept these.
1
Document 12903/18.
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b) Defeat devices (Amendments 32, 33, 34, 35 and 7) and reference to "emissions gap"
(Amendment 6):
Given that the use of defeat devices are not considered feasible in the context of this
Regulation, the Commission suggests instead to include in a recital a commitment in the
context of developing a procedure for verifying the in-conformity testing to give
consideration to detecting possible strategies of manufacturers through which a
vehicle’s CO2 performance is artificially improved in the type approval test procedure.
Further, it suggests to accommodate the Parliament with a recital more factually
reflecting the report on the evaluation of the existing cars and vans legislation in relation
of the issue of the "emissions gap". The Presidency believes these suggestions should be
acceptable to the Council.
c) N1 vehicles - reference mass ((Amendments 30, 31 and 18):
The Amendments as proposed by the Parliament would require a change in the Type
Approval legislation which is not considered acceptable. Therefore, the Commission as
a compromise has suggested a limited derogation for the sole purpose of including
heavier zero emission N1 vehicles in the accounting towards meeting CO2 standards and
thus not affecting the Type Approval legislation. Given the limited scope of this
derogation, the Presidency recommends to accept the suggestion.
d) Just transition (Amendments AM 3, 21 and 41):
The Presidency suggests to accept the Commission's suggestion for a more concise and
general recital covering the issue of just transition whereas the Parliament's amendments
on earmarking of revenue from the excess premiums should be rejected. Apart from
raising principle issues it is doubtful whether the text as drafted by the Parliament can
be made operational in practice. Nevertheless, the Presidency would like to continue to
at least explore the issue further with the Parliament and the Commission.
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e) Standards related to fuel and energy consumption measurement (Amendments 52
and 22 (part):
In order to accommodate the Parliament's Amendment 52 on developing standards in
relation to the measurements of fuel and energy consumption, the Presidency suggests
to accept the Commission recital text referring to ongoing work.
f)
Car labelling (Amendments 55 and 9):
The Presidency suggests to accept these amendments in principle. The precise framing
and wording of the issue is to be further discussed with the Parliament and the
Commission.
9.
As regards, Real-Drive Emission test (Amendments AMs 44, 47, 48, 49, 50, 51, 54 and 22
(part)), the Parliament's amendments inter alia call for applying a Real-Drive Emissions test
for compliance from 2023, whereas no such test has yet been developed and there are doubts
as to the feasibility of developing such a harmonised test. Therefore the Parliament
amendments as drafted are not acceptable. However, also based on delegations' comments,
the Presidency suggests to explore the issue further with the Parliament and the Commission.
10. As concerns the issue of Lifecycle analysis (Amendments 40 and 23), the Parliament suggests
that manufacturers from 2025 shall report the CO2 lifecycle emissions from cars and vans
based on a harmonised methodology for data reporting to be developed by the Commission.
Given strong doubts about the feasibility of the Parliament's suggestions, the amendments are
not acceptable but the Presidency suggests to show a certain openness to discuss the issue
further with the Parliament if it maintains its amendments.
11. On a number of issues, the Presidency suggests to oppose the Parliaments amendments. This
concerns in particular the Parliament's call for having the procedures for verifying the in-
service conformity of cars and vans adopted by a delegated act (Amendments 60 and 61).
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12. As concerns the level of ambition (inter alia the 2025 and 2030 targets and the incentives for
zero- and low-emission vehicles) and the review clause, the discussions at the trilogue will be
limited to an exchange of views. The Presidency will therefore continue to base itself on the
text of the general approach.
13. The proposed mandate for the second trilogue is set out in detail in the
fourth column of the
table contained in the Annex to this note.
III. CONCLUSION
The Permanent Representatives Committee is invited to agree to the Presidency's suggestions as set
out in the Annex (the four column table) to this note in view of the upcoming trilogue.
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ANNEX
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
setting emission performance standards for new passenger cars and for new light commercial vehicles as part of the Union's integrated
approach to reduce CO2 emissions from light-duty vehicles and amending Regulation (EC) No 715/2007 (recast)
Commission proposal
EP Position
Council Position
Comments/Suggestions
Plenary vote 3/10/2018
General approach 9/10/2018
THE EUROPEAN PARLIAMENT
THE EUROPEAN PARLIAMENT
AND THE COUNCIL OF THE
AND THE COUNCIL OF THE
EUROPEAN UNION,
EUROPEAN UNION,
Having regard to the Treaty on the
Having regard to the Treaty on the
Functioning of the European Union,
Functioning of the European Union,
and in particular Article 192(1)
and in particular Article 192(1)
thereof,
thereof,
Having regard to the proposal from
Having regard to the proposal from
the European Commission,
the European Commission,
After transmission of the draft
After transmission of the draft
legislative act to the national
legislative act to the national
parliaments
parliaments
Having regard to the opinion of the
Having regard to the opinion of the
European Economic and Social
European Economic and Social
Committee,
Committee,
Having regard to the opinion of the
Having regard to the opinion of the
Committee of the Regions,
Committee of the Regions,
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Acting in accordance with the
Acting in accordance with the
ordinary legislative procedure,
ordinary legislative procedure,
Whereas:
Whereas:
Recital 1
(1) Regulation (EC) No 443/2009
(1) Regulation (EC) No 443/2009
of the European Parliament and of
of the European Parliament and of
the Council
1 and Regulation (EU)
the Council
1 and Regulation (EU)
No 510/2011 of the European
No 510/2011 of the European
Parliament and of the Council
2 have
Parliament and of the Council
2 have
been substantially amended several
been substantially amended several
times. Since further amendments
times. Since further amendments
are to be made, those Regulations
are to be made, those Regulations
should be recast in the interests of
should be recast in the interests of
clarity.
clarity.
________
________
1
Regulation (EC) No 443/2009
1
Regulation (EC) No 443/2009
of the European Parliament and of
of the European Parliament and of
the Council of 23 April 2009 setting
the Council of 23 April 2009 setting
emission performance standards for
emission performance standards for
new passenger cars as part of the
new passenger cars as part of the
Community's integrated approach
Community's integrated approach
to reduce CO2 emissions from
to reduce CO2 emissions from
light-duty vehicles (OJ L 140,
light-duty vehicles (OJ L 140,
5.6.2009, p. 1).
5.6.2009, p. 1).
2
Regulation (EU) No 510/2011
2
Regulation (EU) No 510/2011
of the European Parliament and of
of the European Parliament and of
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the Council of 11 May 2011 setting
the Council of 11 May 2011 setting
emission performance standards for
emission performance standards for
new light commercial vehicles as
new light commercial vehicles as
part of the Union's integrated
part of the Union's integrated
approach to reduce CO2 emissions
approach to reduce CO2 emissions
from light-duty vehicles (OJ L 145,
from light-duty vehicles (OJ L 145,
31.5.2011, p. 1).
31.5.2011, p. 1).
Recital 2
(2) This Regulation should apply
(2) This Regulation should apply
from 1 January 2020 in order to
from 1 January 2020 in order to
provide a coherent and efficient
provide a coherent and efficient
transition following the recast and
transition following the recast and
repeal of Regulations (EC)
repeal of Regulations (EC)
No 443/2009 and (EU)
No 443/2009 and (EU)
No 510/2011. However, it is
No 510/2011. However, it is
appropriate to maintain the CO2
appropriate to maintain the CO2
performance standards and the
performance standards and the
modalities for achieving them as set
modalities for achieving them as set
out in those Regulations without
out in those Regulations without
changes until 2024.
changes until 2024.
Amendment 1
Recital 3
(3) The European Strategy for
(3)
Transport is the only major
(3) The Commission's
Council:
Low-Emission Mobility
3 sets a
sector in the Union where
Communication "A European
clear ambition: by mid-century,
greenhouse gas emissions are still Strategy for Low-Emission
Maintain Council position
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greenhouse gas emissions from
rising.
In order to meet the
Mobility"
3 sets a clear ambition: by
transport will need to be at least
Union's commitments made at the mid-century, greenhouse gas
60% lower than in 1990 and be
21st Conference of the Parties to
emissions from transport will need
firmly on the path towards zero.
the United Nations Framework
to be at least 60% lower than in
Emissions of air pollutants from
Convention on Climate Change
1990 and be firmly on the path
transport that harm our health need
(UNFCCC),
held in Paris in 2015, towards zero. Emissions of air
to be drastically reduced without
the decarbonisation of the entire
pollutants from transport that harm
delay. Emissions from conventional
transport sector needs to be
our health need to be drastically
combustion engines will need to
accelerated and greenhouse gas
reduced without delay. Emissions
further reduce after 2020. Zero- and emissions from
that sector should
from conventional combustion
low emission vehicles will need to
be firmly on the path towards
zero- engines will need to further reduce
be deployed and gain significant
emission by mid-century.
after 2020. Zero- and low emission
market share by 2030.
Emissions of air pollutants from
vehicles will need to be deployed
________
transport that
significantly harm
and gain significant market share
3
Communication from the
our health,
and the environment,
by 2030.
Commission to the European
need
also to be drastically reduced ________
Parliament, the Council, the
without delay. Emissions from
3
Communication from the
European Economic and Social
conventional combustion engines
Commission to the European
Committee and the Committee of
will need to
be further
reduced after Parliament, the Council, the
the Regions A European Strategy
2020. Zero- and low emission
European Economic and Social
for Low-Emission Mobility
vehicles will need to be deployed
Committee and the Committee of
(COM(2016) 501 final).
and gain significant market share
the Regions A European Strategy
by 2030.
for Low-Emission Mobility
(COM(2016) 501 final).
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Recital 4
(4) The Commissions
(4) The Commissions
Communications "Europe on the
Communications "Europe on the
move"
4 and "Delivering on the
move"
4 and "Delivering on the
European Strategy for low-emission
European Strategy for low-emission
mobility A European Union that
mobility A European Union that
protects the planet, empowers its
protects the planet, empowers its
consumers, and defends its industry
consumers, and defends its industry
and workers"
5 highlight that the
and workers"
5 highlight that the
CO2 emissions standards for
CO2 emissions standards for
passenger cars and light
passenger cars and light
commercial vehicles are a strong
commercial vehicles are a strong
driver for innovation and efficiency
driver for innovation and efficiency
and will contribute to strengthening
and will contribute to strengthening
competitiveness of the automotive
competitiveness of the automotive
industry and pave the way for zero
industry and pave the way for zero
and low-emission vehicles in a
and low-emission vehicles in a
technology-neutral way.
technology-neutral way.
________
________
4
Communication from the
4
Communication from the
Commission to the European
Commission to the European
Parliament, the Council, the
Parliament, the Council, the
European Economic and Social
European Economic and Social
Committee and the Committee of
Committee and the Committee of
the Regions […]
the Regions […]
5
Communication from the
5
Communication from the
Commission to the European
Commission to the European
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Parliament, the Council, the
Parliament, the Council, the
European Economic and Social
European Economic and Social
Committee and the Committee of
Committee and the Committee of
the Regions […]
the Regions: "Delivering on low-
emission mobility; A European
Union that protects the planet,
empowers its consumers and
defends its industry and workers"
(COM(2017) 675 final).
Amendment 2
Recital 4 a (new)
(4a) The development of
Council:
research, supply, processing and
production strategies into light-
Accept Commission suggestion for
weight component construction
a new recital 23a:
developments is crucial for
advancement in a low-carbon
(23a) Sustainable light-weight
transition in the automotive sector.
components are important in
There is a growing body of
reducing the energy consumption
research into natural-fibre raw
and CO2 emissions of new
materials and their composites as
vehicles. Their further development
part of a wider emerging role for
and deployment should support the
the bio-economy and the
transition towards zero and low
renewable, recyclable and
emission mobility.
sustainable products it can
produce. Those developments need
to be framed around an
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understanding of the limitations
concerning natural resources, land
availability and hence the need to
offering sustainable end-of-life
solutions.
Amendment 3
Recital 4 b (new)
(4b) A socially acceptable and
Council:
just transition towards zero-
emission mobility by mid-century
Accept Commission suggestion for
requires changes in the whole
a new recital 10a:
automotive value chain, taking
into consideration the potential
(10a) A socially acceptable and just
adverse effect on citizens and
transition towards zero-emission
regions in all Member States. It is
mobility should be ensured. It is
important to consider the social
therefore important to take into
effects of the transition and to be
account the social effects of the
proactive in addressing the
transition throughout the whole
implications on jobs. It is of
automotive value chain and to
paramount importance, therefore,
address proactively the implications
that current measures are also
on employment. Targeted
accompanied by targeted
programmes at Union, national and
programmes at Union, national
regional levels are therefore to be
and regional levels for re-skilling,
considered for the re-skilling, up-
up-skilling and redeployment of
skilling and redeployment of
workers, as well as education and
workers, as well as education and
job-seeking initiatives in adversely
job-seeking initiatives in adversely
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affected communities and regions
affected communities and regions,
conducted in close dialogue with
in close dialogue with the social
the social partners and competent
partners and competent authorities.
authorities.
As part of this transition, women’s
employment as well as equal
opportunities in this sector should
be strengthened.
See also AMs 41 and 21 and
Council text for Art 14 (1a)
Amendment 4
Recital 4 c (new)
(4c) A successful transition to
Council:
zero- emission mobility requires a
common policy framework for
Accept Commission suggestion for
vehicles, infrastructures, electricity
new recital 10b covering
grids, sustainable battery
Amendments 4, 12 and 16:
production, supply and recycling,
where economic and employment
(10b) A successful transition to
incentives are working together
zero-emission mobility requires an
across Union, national, regional
integrated approach and the right
and local levels and are supported
enabling environment to stimulate
by stronger Union funding
innovation and maintain the
instruments.
Union’s technological leadership in
this sector. This includes public and
private investments in research and
innovation, the appropriate supply
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of zero-and low-emission vehicles,
the roll-out of recharging and
refuelling infrastructure, the
integration into the energy systems,
as well as the sustainable
production, supply and recycling of
batteries. This requires action at
EU, national, regional and local
levels.
Recital 5
(5) This Regulation provides a
(5) This Regulation provides a
clear pathway for CO2 emissions
clear pathway for CO2 emissions
reductions from the road transport
reductions from the road transport
sector and contributes to the
sector and contributes to the
binding target of at least a 40%
binding target of at least a 40%
domestic reduction in economy-
domestic reduction in economy-
wide greenhouse gas emissions by
wide greenhouse gas emissions by
2030 compared to 1990, as was
2030 compared to 1990, as was
endorsed in the Conclusions of the
endorsed in the Conclusions of the
European Council of 23-24 October
European Council of 23-24 October
2014, and approved as the Union
2014, and approved as the Union
Intended Nationally Determined
Intended Nationally Determined
Contribution under the Paris
Contribution under the Paris
Agreement at the Environment
Agreement at the Environment
Council meeting on 6 March 2015.
Council meeting on 6 March 2015.
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Amendment 5
Recital 6
(6) The European Council
(6) Road transport emissions
(6) The European Council
Council:
Conclusions of October 2014
remain significantly above 1990
Conclusions of October 2014
endorsed a greenhouse gas
levels
, offsetting reductions made
endorsed a greenhouse gas
Maintain Council position
emissions reduction of 30% by
by other sectors to combat climate
emissions reduction of 30% by
2030 compared to 2005 for the
change.
2030 compared to 2005 for the
sectors that are not part of the
sectors that are not part of the
European Union emissions trading
European Union emissions trading
system. Road transport provides a
system. Road transport provides a
major contribution to the emissions
major contribution to the emissions
of those sectors, and its emissions
of those sectors, and its emissions
remain significantly above 1990
remain significantly above 1990
levels. If the road transport
levels. If the road transport
emissions increase further, it will
emissions increase further, it will
offset reductions made by other
offset reductions made by other
sectors to combat climate change.
sectors to combat climate change.
Recital 6 a (new)
(6a) The Paris Agreement, inter
alia, sets out a long-term goal in
line with the objective to keep the
global average temperature increase
well below 2 °C above pre
industrial levels and to pursue
efforts to keep it to 1,5 °C above
pre-industrial levels. In order to
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meet this goal, further CO2
emission reductions also for
passenger cars and light
commercial vehicles beyond 2030
will be necessary.
Recital 7
(7) The European Council
(7) The European Council
Conclusions of October 2014
Conclusions of October 2014
highlighted the importance of
highlighted the importance of
reducing greenhouse gas emissions
reducing greenhouse gas emissions
and risks related to fossil fuel
and risks related to fossil fuel
dependency in the transport sector
dependency in the transport sector
through a comprehensive and
through a comprehensive and
technology neutral approach for the
technology neutral approach for the
promotion of emissions reduction
promotion of emissions reduction
and energy efficiency in transport,
and energy efficiency in transport,
for electric transportation and for
for electric transportation and for
renewable energy sources in
renewable energy sources in
transport also after 2020.
transport also after 2020.
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Recital 8
(8) Energy efficiency
(8) Energy efficiency
contributing to moderation of
contributing to moderation of
demand is one of the five mutually-
demand is one of the five mutually-
reinforcing and closely interrelated
reinforcing and closely interrelated
dimensions of the Energy Union
dimensions […] set out in the
Strategy adopted on 25 February
Commission's Communication on
2015, to give consumers in the
"The Energy Union Strategy"
6 […],
Union secure, sustainable,
in order to give consumers in the
competitive and affordable energy.
Union secure, sustainable,
The Energy Union Strategy states
competitive and affordable energy.
that, while all economic sectors
The […] Communication states
must take steps to increase the
that, while all economic sectors
efficiency of their energy
must take steps to increase the
consumption, transport has a huge
efficiency of their energy
energy efficiency potential, which
consumption, transport has a huge
can be realised also with a
energy efficiency potential, which
continued focus on tightening CO2
can be realised also with a
emission standards for passenger
continued focus on tightening CO2
cars and light commercial vehicles
emission standards for passenger
in a 2030 perspective.
cars and light commercial vehicles
in a 2030 perspective.
________
6
Communication from the
Commission to the European
Parliament, the Council, the
European Economic and Social
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Committee, the Committee of the
Regions and the European
Investment Bank: A Framework
Strategy for a Resilient Energy
Union with a Forward-Looking
Climate Change Policy
(COM(2015) 80 final).
Amendment 6
Recital 9
(9) An evaluation of Regulations (9) An evaluation of Regulations (9) An evaluation of Regulations Council:
(EC) No 443/2009 and (EU) No
(EC) No 443/2009 and (EU) No
(EC) No 443/2009 and (EU) No
510/2011 in 2015 concluded that
510/2011 in 2015 concluded that
510/2011 in 2015 concluded that
Accept Commission suggestion for
those Regulations have been
those Regulations have been
those Regulations have been
rewording of Amendment 6:
relevant, broadly coherent, and
relevant, broadly coherent, and
relevant, broadly coherent, and
have generated significant
have generated significant
have generated significant
(9) An evaluation of Regulations
emissions savings, whilst being
emissions savings, whilst being
emissions savings, whilst being
(EC) No 443/2009 and (EU) No
more cost-effective than originally more cost-effective than originally more cost-effective than originally 510/2011 in 2015 concluded that
anticipated. They have also
anticipated. They have also
anticipated. They have also
those Regulations have been
generated significant added value
generated significant added value
generated significant added value
relevant, broadly coherent, and
for the Union that could not have
for the Union that could not have
for the Union that could not have
have generated significant
been achieved to the same extent
been achieved to the same extent
been achieved to the same extent
emissions savings, whilst being
through national measures.
through national measures.
through national measures.
more cost-effective than originally
However, that evaluation also
anticipated. They have also
concluded that actual CO2 savings
generated significant added value
achieved are considerably less
for the Union that could not have
than those suggested by the type-
been achieved to the same extent
approval test performance and that
through national measures.
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the ‘emissions gap’ between type-
However, the benefits of those
approval test and real-world
Regulations have been eroded due
performance has considerably
to the increasing discrepancy
undermined the effectiveness of
between the CO2 emissions
the CO2 performance standards as
measured under the New
well as consumers' trust in the
European Driving Cycle (NEDC)
potential fuel savings of new
and the CO2 emissions emitted
vehicles.
from vehicles driven under real-
world conditions.
Recital 10
(10) It is therefore appropriate to
(10) It is therefore appropriate to
pursue the objectives of those
pursue the objectives of those
Regulations by setting new EU
Regulations by setting new EU
fleet-wide CO2 reduction targets for
fleet-wide CO2 reduction targets for
passenger cars and light
passenger cars and light
commercial vehicles for the period
commercial vehicles for the period
up to 2030. In defining the
up to 2030. In defining the
reduction levels, account has been
reduction levels, account has been
taken of their effectiveness in
taken of their effectiveness in
delivering a cost-effective
delivering a cost-effective
contribution to reducing emissions
contribution to reducing emissions
of the sectors covered by the Effort
of the sectors covered by the Effort
Sharing Regulation […/…] by
Sharing Regulation […/…] by
2030, of the resulting costs and
2030, of the resulting costs and
savings for society, manufacturers
savings for society, manufacturers
and vehicle users, as well as of their
and vehicle users, as well as of their
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direct and indirect implications for
direct and indirect implications for
employment, competitiveness and
employment, competitiveness and
innovation and the co-benefits
innovation and the co-benefits
generated in terms of reduced air
generated in terms of reduced air
pollution and energy security.
pollution and energy security.
Considering that the market share
and therefore the overall
contribution of CO2 emissions from
passenger cars are significantly
higher than those of light
commercial vehicles, a
differentiated approach between
passenger cars and light
commercial vehicles is considered
appropriate.
Amendment 7
Recital 10 a (new)
(10a) In order to ensure the
Council:
effectiveness of this Regulation,
CO2 emission reductions should be
See under Amendment 32
delivered under conditions
encountered in normal vehicle
operation and use. It is therefore
appropriate to include a strict
prohibition of defeat devices in this
Regulation and to provide
authorities with the means to
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ensure compliance with this
prohibition.
Recital 11
(11) A new test procedure for
(11) As part of the implementation
measuring CO2 emissions from and
of Regulation (EC) No 715/2007 of
fuel consumption of light duty
the European Parliament and of the
vehicles, the Worldwide
Council
7, a
new test procedure for
Harmonised Light Vehicles Test
measuring CO2 emissions from and
procedure (WLTP), set out in
fuel consumption of light duty
Commission Regulation (EU)
vehicles, the Worldwide
2017/1151
6, entered into force in
Harmonised Light Vehicles Test
2017. This new test procedure will
procedure (WLTP), set out in
provide CO2 emission and fuel
Commission Regulation (EU)
consumption values that are more
2017/1151
8, entered into force in
representative of real world
2017. This […] test procedure […]
conditions. It is therefore
provides CO2 emission and fuel
appropriate that the new CO2
consumption values that are more
emission targets should be based on
representative of real world
the CO2 emissions determined on
conditions. It is therefore
the basis of that test procedure.
appropriate that the new CO2
Considering however that WLTP-
emission targets should be based on
based CO2 emissions will be
the CO2 emissions determined on
available for target compliance
the basis of that test procedure.
purposes from 2021, it is
Considering however that WLTP-
appropriate that the new emissions
based CO2 emissions will be
performance standards should be
available for target compliance
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defined as reduction levels set in
purposes from 2021, it is
relation to the 2021 average of the
appropriate that the new emissions
specific emissions targets
performance standards should be
applicable in that year.
defined as reduction levels set in
________
relation to the 2021 average of the
6
Commission Regulation (EU)
specific emissions targets […]
2017/1151 of 1 June 2017
calculated on the basis of the CO2
supplementing Regulation (EC) No
emissions measured for the purpose
715/2007 of the European
of the WLTP emissions test. In
Parliament and of the Council on
order to ensure the robustness and
type-approval of motor vehicles
representativeness of the values
with respect to emissions from light
used as the starting point for
passenger and commercial vehicles
defining the reduction levels to be
(Euro 5 and Euro 6) and on access
applied in 2025 and 2030, the
to vehicle repair and maintenance
conditions for performing those
information, amending Directive
measurements are to be clarified as
2007/46/EC of the European
part of the implementation of
Parliament and of the Council,
Implementing Regulations (EU)
Commission Regulation (EC)
2017/1152 and (EU) 2017/1153
9.
No 692/2008, and Commission
________
Regulation (EU) No 1230/2012 and
7
Regulation (EC) No 715/2007
repealing Commission Regulation
of the European Parliament and of
(EC) No 692/2008 (OJ L 175,
the Council of 20 June 2007 on
7.7.2017, p.1).
type approval of motor vehicles
with respect to emissions from light
passenger and commercial vehicles
(Euro 5 and Euro 6) and on access
to vehicle repair and maintenance
information (OJ L 171, 29.6.2007,
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p. 1).
8
Commission Regulation (EU)
2017/1151 of 1 June 2017
supplementing Regulation (EC) No
715/2007 of the European
Parliament and of the Council on
type-approval of motor vehicles
with respect to emissions from light
passenger and commercial vehicles
(Euro 5 and Euro 6) and on access
to vehicle repair and maintenance
information, amending Directive
2007/46/EC of the European
Parliament and of the Council,
Commission Regulation (EC)
No 692/2008, and Commission
Regulation (EU) No 1230/2012 and
repealing Commission Regulation
(EC) No 692/2008 (OJ L 175,
7.7.2017, p.1).
9
To be updated following
adoption of the implementing
regulations.
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Amendment 8
Recital 12
(12) It is important that the setting (12)
[…]The setting of CO2
(12) It is important that the setting Council:
of CO2 emissions reduction
emissions reduction requirements
of CO2 emissions reduction
requirements continues to provide
continues to provide Union -wide
requirements continues to provide
Maintain Council position
Union -wide predictability and
predictability and planning security Union -wide predictability and
planning security for vehicle
for vehicle manufacturers across
planning security for vehicle
(recast issue)
manufacturers across their new car their new car and light commercial manufacturers across their new car
and light commercial vehicle fleets vehicle fleets in the Union.
and light commercial vehicle fleets
in the Union.
in the Union.
Amendment 9
Recital 12 a (new)
(12 a)
The Commission’s
Council:
evaluation of Directive
1999/94/EC of the European
Accept Amendment in principle
Parliament and of the Council 1a
in 2016 identified a need for
See also Amendment 55
further clarification and
simplification of the legislation,
which could increase its relevance,
effectiveness, efficiency and
coherence. Commission
Recommendation (EU) 2017/9481b
aims to encourage a harmonised
application of Directive
1999/94/EC. Nevertheless, better
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designed and further harmonised
Union requirements on car
labelling that provide consumers
with comparable, reliable and user
friendly information about the
benefits of low emission cars,
including information concerning
air pollutants and running costs in
addition to CO2 emissions and fuel
consumption, could support the
uptake of the most fuel efficient
and environmentally friendly cars
across the Union. The Commission
should therefore review Directive
1999/94/EC no later than
31 December 2019 and put
forward a relevant legislative
proposal. Furthermore, similar to
passenger cars, the sector of light
commercial vehicles could also
benefit from the introduction of
such a fuel economy and CO2
emissions label. Therefore, the
Commission should also analyse
those options for that sector, and
where appropriate, put forward
relevant legislative proposals.
_______________
1a
Directive 1999/94/EC of the
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European Parliament and of the
Council of 13 December 1999
relating to the availability of
consumer information on fuel
economy and CO2 emissions in
respect of the marketing of new
passenger cars (OJ L 12,
18.1.2000, p. 16).
1b
Commission
Recommendation (EU) 2017/948
of 31 May 2017 on the use of fuel
consumption and CO2 emission
values type-approved and
measured in accordance with the
World Harmonised Light Vehicles
Test Procedure when making
information available for
consumers pursuant to Directive
1999/94/EC of the European
Parliament and of the Council
(OJ L 142, 2.6.2017, p. 100).
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Amendment 10
Recital 13
(13) Reduction levels for the
(13) Reduction levels for the
(13) Reduction levels for the
Council:
Union-wide fleets of new passenger Union-wide fleets of new passenger Union-wide fleets of new passenger
cars and light commercial vehicles cars and light commercial vehicles cars and light commercial vehicles Maintain Council position
should therefore be set for 2025 and should be set for 2025 and for 2030, should therefore be set for 2025 and
for 2030, taking into account the
taking into account the vehicle fleet for 2030, taking into account the
See also Amendment 56 and
vehicle fleet renewal time and the
renewal time and the need for the
vehicle fleet renewal time and the
Council text for Article 14 (1a and
need for the road transport sector to road transport sector to contribute
need for the road transport sector to
b) and Recitals 6a and 42
contribute to the 2030 climate and
to the
Union climate and energy
contribute to the 2030 climate and
energy targets. This stepwise
targets
for 2030 and beyond. This
energy targets. This stepwise
approach also provides a clear and
stepwise approach also provides a
approach also provides a clear and
early signal for the automotive
clear and early signal for the
early signal for the automotive
industry not to delay the market
automotive industry not to delay the industry not to delay the market
introduction of energy efficient
market introduction of energy
introduction of energy efficient
technologies and zero- and low-
efficient technologies and zero- and technologies and zero- and low-
emission vehicles.
low-emission vehicles.
In addition, emission vehicles.
in order to sustain the momentum
of emissions reduction beyond
2030, at least the same emissions-
reduction trajectory should apply
as of 1 January 2031 allowing for
the continued decarbonisation of
the sector in line with the
commitments under the Paris
Agreement.
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Recital 13 a (new)
(13a) The CO2 emission
performance standards set out in
this Regulation apply to new
passenger cars and light
commercial vehicles. With regard
to the existing fleet of light duty
vehicles, including second-hand
vehicles, additional measures aimed
at reducing emissions may also be
taken, inter alia, at national and EU
level.
For instance, measures may
be taken to encourage a higher fleet
renewal rate, in order to replace as
fast as possible older, more emitting
vehicles by more performant ones.
Access to more affordable zero-and
low-emission vehicles could
stimulate consumer behaviour
change and faster deployment of
low emissions technologies.
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Amendment 11
Recital 14
(14) While the Union is among the (14) While the Union is among the (14) While the Union is among the Council:
world's major producers of motor
world's major producers of motor
world's major producers of motor
vehicles and demonstrates
vehicles and demonstrates
vehicles and demonstrates
Maintain Council position
technological leadership in this
technological leadership in this
technological leadership in this
sector, competition is increasing
sector, competition is increasing
sector, competition is increasing
and the global automotive sector is and the global automotive sector is and the global automotive sector is
changing rapidly through new
changing rapidly through new
changing rapidly through new
innovations in electrified
innovations in electrified
innovations in electrified
powertrains, and cooperative,
powertrains, and cooperative,
powertrains, and cooperative,
connected and automated mobility. connected and automated mobility. connected and automated mobility.
In order to retain its global
If the Union industry engages late In order to retain its global
competitiveness and access to
in the necessary energy transition competitiveness and access to
markets, the Union needs a
in the transport sector, it risks
markets, the Union needs a
regulatory framework, including a
losing its leading role. In order to
regulatory framework, including a
particular incentive in the area of
retain its global competitiveness
particular incentive in the area of
zero- and low-emission vehicles,
and access to markets, the Union
zero- and low-emission vehicles,
which creates a large home market needs a regulatory framework,
which contributes to creating a
and supports technological
including a particular
policy
large home market and supports
development and innovation.
mechanism in the area of zero- and technological development and
low-emission vehicles, which
innovation.
creates a large home market and
supports technological development
and innovation.
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Amendment 12
Recital 14 a (new)
(14a) It will not be possible to
Council:
achieve the long-term goal of
entirely decarbonising the Union
See under Amendment 4
mobility without technological
innovation and technical progress.
With that in mind, and in the face
of increased international
competition, it is essential that the
Union and Member States
continue their efforts to explore
and develop initiatives that
promote the synergies possible in
the sector, taking as a model the
recent European Battery Alliance,
and support public and private
investment in research and
innovation in the Union car
industry in order to maintain the
Union’s technological leadership
in that sector and to ensure the
long-term sustainability of its
industrial base, keeping it efficient
and competitive on the world
market.
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Amendment 13
Recital 15
(15) A dedicated incentive
(15) A dedicated
policy
(15) A dedicated incentive
Council:
mechanism should be introduced to mechanism should be introduced to mechanism should be introduced to
facilitate a smooth transition
facilitate
and accelerate a smooth
facilitate a smooth transition
Maintain Council position
towards zero-emission mobility.
transition towards zero-emission
towards zero-emission mobility.
This crediting mechanism should be mobility. This crediting
and
This crediting mechanism should be
designed so as to promote the
debiting mechanism should be
designed so as to promote the
deployment on the Union market of designed so as to promote the
deployment on the Union market of
zero- and low-emission vehicles.
deployment on the Union market of zero- and low-emission vehicles.
zero- and low-emission vehicles
A specific transitional measure
and to ensure investment certainty should be put in place to enable
for the timely and adequate roll-
access to zero- and low-emission
out of the necessary charging
vehicles to consumers from
infrastructure.
Member States with low zero- and
low-emission vehicles market
penetration.
Amendment 14
Recital 16
(16) Setting a benchmark for the
(16) Setting
a strong benchmark
(16) Setting […] benchmarks for
Council:
share of zero- and low-emission
for the share of zero- and low-
the share of zero- and low-emission
vehicles in the EU fleet together
emission vehicles in the EU fleet
vehicles in the EU fleet together
Maintain Council position
with a well-designed mechanism
together with a well-designed
with a well-designed mechanism
for adjusting a manufacturer's
mechanism for adjusting a
for adjusting a manufacturer's
specific CO2 target based on the
manufacturer's specific CO2 target
specific CO2 target based on the
share of zero- and low-emission
based on the share of zero- and
share of zero- and low-emission
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vehicles in the manufacturer's own low-emission vehicles in the
vehicles in the manufacturer's own
fleet should provide a strong and
manufacturer's own fleet should
fleet should provide a strong and
credible signal for the development provide a strong and credible signal credible signal for the development
and deployment of such vehicles
for the development
, deployment
and deployment of such vehicles
while still allowing for the further
and marketing of such vehicles
while still allowing for the further
improvement of the efficiency of
while still allowing for the further
improvement of the efficiency of
the conventional internal
improvement of the efficiency of
the conventional internal
combustion engines.
the conventional internal
combustion engines.
combustion engines.
Amendment 15
Recital 17
(17) In determining the credits for (17) In determining the
(17) In determining the credits for Council:
the zero- and low-emission
benchmarks for the
share of zero- the zero- and low-emission
vehicles, it is appropriate to account and low-emission vehicles, it is
vehicles, it is appropriate to account Maintain Council position
for the difference in CO2 emissions appropriate to account for the
for the difference in CO2 emissions
between the vehicles. The
difference in CO2 emissions
between the vehicles. As concerns
adjustment mechanism should
between the vehicles, The
passenger cars, the importance of
ensure that a manufacturer
adjustment mechanism should
low-emission vehicles, in particular
exceeding the benchmark level
ensure that a manufacturer
plug-in hybrid vehicles, for the
would benefit from a higher
exceeding the benchmark level
transition towards zero-emission
specific CO2 target. In order to
would benefit from a higher
vehicles should be appropriately
ensure a balanced approach, limits
specific CO2 target
, whereas a
recognised when determining the
should be set to the level of
manufacturer not achieving the
credits. The adjustment mechanism
adjustment possible within that
benchmark would have to comply should ensure that a manufacturer
mechanism. This will provide for
with a stricter CO2 target. In order exceeding the benchmark level
incentives, promoting a timely roll- to ensure a balanced approach,
would benefit from a higher
out of recharging and refuelling
limits should be set to the level of
specific CO2 target. In order to
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infrastructure and yielding high
adjustment possible within that
ensure a balanced approach, limits
benefits for consumers,
mechanism. This will provide for
should be set to the level of
competitiveness, and the
incentives, promoting a timely roll- adjustment possible within that
environment.
out of recharging and refuelling
mechanism. This will provide for
infrastructure and yielding high
incentives, promoting a timely roll-
benefits for consumers,
out of recharging and refuelling
competitiveness, and the
infrastructure and yielding high
environment.
benefits for consumers,
competitiveness, and the
environment.
Amendment 16
Recital 17 a (new)
(17 a) Timely and sufficient
Council:
investments should be made in
both the production and roll-out of
See under Amendment 4
zero- and low- emission vehicles
and the overall supporting
infrastructure that is required,
including sustainable battery
production, supply and recycling.
Different support instruments at
both Union and national level
need to work together effectively,
mobilising and incentivising
significant public and private
investment. Recharging and
refuelling infrastructure needs to
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be put in place quickly in order to
provide confidence to consumers
and business certainty for vehicle
manufacturers. Union battery and
battery cell manufacturing, if
possible, located close to vehicle
manufacturing sites, should
therefore be supported.
Recital 18
(18) The legislative framework for
(18) The legislative framework for
implementing the average new car
implementing the average new car
and light commercial vehicle fleet
and light commercial vehicle fleet
target should ensure competitively
target should ensure competitively
neutral, socially equitable and
neutral, socially equitable and
sustainable reduction targets which
sustainable reduction targets which
take account of the diversity of
take account of the diversity of
European automobile
European automobile
manufacturers and avoid any
manufacturers and avoid any
unjustified distortion of competition
unjustified distortion of competition
between them.
between them.
Recital 19
(19) In order to maintain the
(19) In order to maintain the
diversity of the market for
diversity of the market for
passenger cars and light
passenger cars and light
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commercial vehicles and its ability
commercial vehicles and its ability
to cater for different consumer
to cater for different consumer
needs, CO2 targets should be
needs, CO2 targets should be
defined according to the utility of
defined according to the utility of
the vehicles on a linear basis.
the vehicles on a linear basis.
Maintaining mass as the utility
Maintaining mass as the utility
parameter is considered coherent
parameter is considered coherent
with the existing regime. In order to
with the existing regime. In order to
better reflect the mass of vehicles
better reflect the mass of vehicles
used on the road, the parameter
used on the road, the parameter
should be changed from mass in
should be changed with effect from
running order to the vehicle's test
2025 from mass in running order to
mass as specified in Regulation
the vehicle's test mass as specified
(EU) 2017/1151 of 1 June 2017
in the WLTP test procedure
with effect from 2025.
adopted on the basis of
Regulation
[…] (EC) No 715/2007.
Recital 20
(20) It should be avoided that the
(20) It should be avoided that the
EU fleet-wide targets are altered
EU fleet-wide targets are altered
due to changes in the average mass
due to changes in the average mass
of the fleet. Changes in the average
of the fleet. Changes in the average
mass should therefore be reflected
mass should therefore be reflected
without delay in the specific
without delay in the specific
emission target calculations, and
emission target calculations, and
the adjustments of the average mass
the adjustments of the average mass
value that is used to this end should
value that is used to this end should
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therefore take place every two years
therefore take place every two years
with effect from 2025.
with effect from 2025.
Recital 21
(21) In order to distribute the
(21) In order to distribute the
emission reduction effort in a
emission reduction effort in a
competitively neutral and fair way
competitively neutral and fair way
that reflects the diversity of the
that reflects the diversity of the
market for passenger cars and light
market for passenger cars and light
commercial vehicles, and in view of
commercial vehicles, and in view of
the change in 2021 to WLTP-based
the change in 2021 to WLTP-based
specific emission targets, it is
specific emission targets, it is
appropriate to determine the slope
appropriate to determine the slope
of the limit value curve on the basis
of the limit value curve on the basis
of the specific emissions of all
of the specific emissions of all
newly registered vehicles in that
newly registered vehicles in that
year, and to take into account the
year, and to take into account the
change in the EU fleet-wide targets
change in the EU fleet-wide targets
between 2021, 2025 and 2030 with
between 2021, 2025 and 2030 with
a view to ensuring an equal
a view to ensuring an equal
reduction effort of all
reduction effort of all
manufacturers. With regard to light
manufacturers. With regard to light
commercial vehicles, the same
commercial vehicles, the same
approach as that for car
approach as that for car
manufacturers should apply to
manufacturers should apply to
manufacturers of lighter, car
manufacturers of lighter, car
derived, vans, while for
derived, vans, while for
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manufacturers of vehicles falling
manufacturers of vehicles falling
within the heavier segments, a
within the heavier segments, a
higher and fixed slope should be set
higher and fixed slope should be set
for the whole target period.
for the whole target period.
Recital 22
(22) The aim of this Regulation is
(22) […] This Regulation […]
to create incentives for the
aims to achieve its objectives by,
automotive industry to invest in
inter alia, creating […] incentives
new technologies. This Regulation
for the automotive industry to
actively promotes eco-innovation
invest in new technologies. This
and provides a mechanism that
Regulation actively promotes eco-
should be able to acknowledge
innovation and provides a
future technological development.
mechanism that should be able to
acknowledge future technological
development.
Experience shows that eco-
Experience shows that eco-
innovations have successfully
innovations have successfully
contributed to the cost-effectiveness
contributed to the cost-effectiveness
of Regulations (EC) No 443/2009
of Regulations (EC) No 443/2009
and (EU) No 510/2011 and to the
and (EU) No 510/2011 and to the
reduction of real world CO2
reduction of real world CO2
emissions. This modality should
emissions. This modality should
therefore be maintained and the
therefore be maintained and the
scope should be extended to
scope should be extended to
incentivise efficiency
incentivise efficiency
improvements in air-conditioning
improvements in air-conditioning
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systems.
systems.
Amendment 17
Recital 23
(23) A balance should however be (23) A balance should however be (23) A balance should however be Council:
ensured between incentives given to ensured between incentives given to ensured between incentives given to
eco-innovations and those
eco-innovations and those
eco-innovations and those
Maintain Council position
technologies for which the emission technologies for which the emission technologies for which the emission
reduction effect is demonstrated on reduction effect is demonstrated on reduction effect is demonstrated on
Linked to Amendments 43, 44, 45
the official test procedure. As a
the official test procedure. As a
the official test procedure. As a
and 46
consequence, it is appropriate to
consequence, it is appropriate to
consequence, it is appropriate to
maintain a cap on the eco-
maintain a cap on the eco-
maintain a cap on the eco-
innovation savings that a
innovation savings that a
innovation savings that a
manufacturer may take into account manufacturer may take into account manufacturer may take into account
for target compliance purposes. The for target compliance purposes. The for target compliance purposes. The
Commission should have the
Commission should have the
Commission should have the
possibility to review the level of the possibility to review the level of the possibility to review the level of the
cap, in particular, to take into
cap
and adjust it downwards, in
cap, in particular, to take into
account the effects of the change in particular, to take into account the
account the effects of the change in
the official test procedure. It is also effects of the change in the official the official test procedure. It is also
appropriate to clarify how the
test procedure. It is also appropriate appropriate to clarify how the
savings should be calculated for
to clarify how the savings should be savings should be calculated for
target compliance purposes.
calculated for target compliance
target compliance purposes.
purposes.
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Recital 24
(24) Directive 2007/46/EC
(24) Directive 2007/46/EC
establishes a harmonised
establishes a harmonised
framework containing the
framework containing the
administrative provisions and
administrative provisions and
general technical requirements for
general technical requirements for
approval of all new vehicles within
approval of all new vehicles within
its scope. The entity responsible for
its scope. The entity responsible for
complying with this Regulation
complying with this Regulation
should be the same as the entity
should be the same as the entity
responsible for all aspects of the
responsible for all aspects of the
type-approval process in
type-approval process in
accordance with Directive
accordance with Directive
2007/46/EC and for ensuring
2007/46/EC and for ensuring
conformity of production.
conformity of production.
Recital 25
(25) For the purposes of type-
(25) For the purposes of type-
approval, specific requirements
approval, specific requirements
apply for special-purpose vehicles,
apply for special-purpose vehicles,
as defined in Annex II of Directive
as defined in Annex II of Directive
2007/46/EC, and they should
2007/46/EC, and they should
therefore be excluded from the
therefore be excluded from the
scope of this Regulation.
scope of this Regulation.
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Amendment 18
Recital 25 a (new)
(25a) In cases where for heavy
Council:
light commercial vehicles of N1
category, Class III the inclusion of
See under Amendment 30
an electric battery might increase
the weight of the vehicle to the
extent that it is re-classified into
N2 category, such a technical
problem should be addressed.
Recital 26
(26) It is not appropriate to use the
(26) It is not appropriate to use the
same method to determine the
same method to determine the
emissions reduction targets for
emissions reduction targets for
large-volume manufacturers as for
large-volume manufacturers as for
small-volume manufacturers
small-volume manufacturers
considered as independent on the
considered as independent on the
basis of the criteria set out in this
basis of the criteria set out in this
Regulation. Such small-volume
Regulation. Such small-volume
manufacturers should have the
manufacturers should have the
possibility to apply for alternative
possibility to apply for alternative
emissions reduction targets relating
emissions reduction targets relating
to the technological potential of a
to the technological potential of a
given manufacturer's vehicles to
given manufacturer's vehicles to
reduce their specific emissions of
reduce their specific emissions of
CO2 and consistent with the
CO2 and consistent with the
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characteristics of the market
characteristics of the market
segments concerned.
segments concerned.
Recital 27
(27) In recognition of the
(27) In recognition of the
disproportionate impact on the
disproportionate impact on the
smallest manufacturers resulting
smallest manufacturers resulting
from compliance with specific
from compliance with specific
emissions targets defined on the
emissions targets defined on the
basis of the utility of the vehicle,
basis of the utility of the vehicle,
the high administrative burden of
the high administrative burden of
the derogation procedure, and the
the derogation procedure, and the
marginal resulting benefit in terms
marginal resulting benefit in terms
of CO2 emissions reduction from
of CO2 emissions reduction from
the vehicles sold by those
the vehicles sold by those
manufacturers, manufacturers
manufacturers, manufacturers
responsible for fewer than 1 000
responsible for fewer than 1 000
new passenger cars and new light
new passenger cars and new light
commercial vehicles registered in
commercial vehicles registered in
the Union annually should be
the Union annually should be
excluded from the scope of the
excluded from the scope of the
specific emissions target and the
specific emissions target and the
excess emissions premium.
excess emissions premium.
However, where a manufacturer
However, where a manufacturer
that is covered by an exemption
that is covered by an exemption
nevertheless applies for and is
nevertheless applies for and is
granted a derogation, it is
granted a derogation, it is
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appropriate that the manufacturer
appropriate that the manufacturer
should be required to comply with
should be required to comply with
that derogation target.
that derogation target.
Recital 28
(28) The procedure for granting
(28) The procedure for granting
derogations from the 95 g CO2/km
derogations from the 95 g CO2/km
fleet target to niche car
fleet target to niche car
manufacturers ensures that the
manufacturers ensures that the
reduction effort required by niche
reduction effort required by niche
manufacturers is consistent with
manufacturers is consistent with
that of large volume manufacturers
that of large volume manufacturers
with regard to that target. However,
with regard to that target. […] It is
experience shows that niche
appropriate to continue to
provide
manufacturers have the same
those manufacturers with the
potential as large manufacturers to
possibility of being granted a
meet the CO2 targets and with
derogation also from the targets
regard to the targets set from 2025
applicable from 2025 until 2030.
onwards it is not considered
appropriate to distinguish between
those two categories of
manufacturers.
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Recital 29
(29) In determining the average
(29) In determining the average
specific emissions of CO2 for all the
specific emissions of CO2 for all the
new cars and new light commercial
new cars and new light commercial
vehicles registered in the Union for
vehicles registered in the Union for
which manufacturers are
which manufacturers are
responsible, all cars and light
responsible, all cars and light
commercial vehicles should be
commercial vehicles should be
taken into account irrespective of
taken into account irrespective of
their mass or other characteristics.
their mass or other characteristics.
Although Regulation (EC)
Although Regulation (EC) No
No 715/2007 does not cover
715/2007 does not cover passenger
passenger cars and light
cars and light commercial vehicles
commercial vehicles with a
with a reference mass exceeding
reference mass exceeding 2 610 kg
2 610 kg and to which type
and to which type approval is not
approval is not extended in
extended in accordance with
accordance with Article 2(2) of that
Article 2(2) of Regulation (EC)
Regulation […]
, the emissions for
No 715/2007, the emissions for
these vehicles should be measured
these vehicles should be measured
in accordance with the same
in accordance with the same
measurement procedure
s as
measurement procedure as
specified for light duty vehicles
specified for light duty vehicles in
pursuant to Regulation (EC) No
Commission Regulation (EC)
715/2007, notably the procedures
No 692/2008
7, Regulation (EU)
set out in Commission Regulation
2017/1151, and in Commission
(EC) No 692/2008
10 and in
Implementing Regulations (EU)
Regulation (EU) 2017/1151, and
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2017/1152
8 and (EU) 2017/1153
9.
the correlation procecures adopted
The resulting CO2 emission values
on the basis of Regulation (EC) No
should be entered in the certificate
443/2009 and (EU) No 510/2011,
of conformity of the vehicle in
notably Commission Implementing
order to enable their inclusion in the
Regulations (EU) 2017/1152
11 and
monitoring scheme.
(EU) 2017/1153
12. The resulting
________
CO2 emission values should be
7
Commission Regulation (EC)
entered in the certificate of
No 692/2008 of 18 July 2008
conformity of the vehicle in order
implementing and amending
to enable their inclusion in the
Regulation (EC) No 715/2007 of
monitoring scheme.
the European Parliament and of the
________
Council on type-approval of motor
10
Commission Regulation (EC)
vehicles with respect to emissions
No 692/2008 of 18 July 2008
from light passenger and
implementing and amending
commercial vehicles (Euro 5 and
Regulation (EC) No 715/2007 of
Euro 6) and on access to vehicle
the European Parliament and of the
repair and maintenance information
Council on type-approval of motor
(OJ L 199, 28.7.2008, p. 1).
vehicles with respect to emissions
8
Commission Implementing
from light passenger and
Regulation (EU) 2017/1152 of 2
commercial vehicles (Euro 5 and
June 2017 setting out a
Euro 6) and on access to vehicle
methodology for determining the
repair and maintenance information
correlation parameters necessary
(OJ L 199, 28.7.2008, p. 1).
for reflecting the change in the
11
Commission Implementing
regulatory test procedure with
Regulation (EU) 2017/1152 of
regard to light commercial vehicles
2 June 2017 setting out a
and amending Implementing
methodology for determining the
Regulation (EU) No 293/2012
correlation parameters necessary
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(OJ L 175, 7.7.2017, p. 644).
for reflecting the change in the
9
Commission Implementing
regulatory test procedure with
Regulation (EU) 2017/1153 of
regard to light commercial vehicles
2 June 2017 setting out a
and amending Implementing
methodology for determining the
Regulation (EU) No 293/2012
correlation parameters necessary
(OJ L 175, 7.7.2017, p. 644).
for reflecting the change in the
12
Commission Implementing
regulatory test procedure and
Regulation (EU) 2017/1153 of
amending Regulation (EU)
2 June 2017 setting out a
No 1014/2010 (OJ L 175, 7.7.2017,
methodology for determining the
p. 679).
correlation parameters necessary
for reflecting the change in the
regulatory test procedure and
amending Regulation (EU) No
1014/2010 (OJ L 175, 7.7.2017,
p. 679).
Recital 30
(30) The specific emissions of
(30) The specific emissions of
CO2 of completed light commercial
CO2 of completed light commercial
vehicles should be allocated to the
vehicles should be allocated to the
manufacturer of the base vehicle.
manufacturer of the base vehicle.
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Recital 31
(31) Consideration should be
(31) Consideration should be
given to the specific situation of
given to the specific situation of
manufacturers of light commercial
manufacturers of light commercial
vehicles producing incomplete
vehicles producing incomplete
vehicles that are type approved in
vehicles that are type approved in
multiple stages. While those
multiple stages. While those
manufacturers are responsible for
manufacturers are responsible for
meeting the CO2 emission targets,
meeting the CO2 emission targets,
they should have the possibility to
they should have the possibility to
predict with reasonable certainty
predict with reasonable certainty
the CO2 emissions of the completed
the CO2 emissions of the completed
vehicles. The Commission should
vehicles. The Commission should
ensure that those needs are
ensure that those needs are
appropriately reflected in
appropriately reflected in the
Regulation (EU) 2017/1151.
implementing measures adopted
pursuant to Regulation […] (EC)
No 715/2007.
Recital 32
(32) In order to provide for
(32) In order to provide for
flexibility for the purposes of
flexibility for the purposes of
meeting their targets under this
meeting their targets under this
Regulation, manufacturers may
Regulation, manufacturers may
agree to form a pool on an open,
agree to form a pool on an open,
transparent and non-discriminatory
transparent and non-discriminatory
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basis. An agreement to form a pool
basis. An agreement to form a pool
should not exceed five years but
should not exceed five years but
may be renewed. Where
may be renewed. Where
manufacturers form a pool, they
manufacturers form a pool, they
should be deemed to have met their
should be deemed to have met their
targets under this Regulation
targets under this Regulation
provided that the average emissions
provided that the average emissions
of the pool as a whole do not
of the pool as a whole do not
exceed the specific emissions target
exceed the specific emissions target
for the pool.
for the pool.
Recital 33
(33) The possibility for
(33) The possibility for
manufacturers to form pools has
manufacturers to form pools has
proven a cost-effective way to
proven a cost-effective way to
achieve compliance with the CO2
achieve compliance with the CO2
emissions targets, in particular
emissions targets, in particular
facilitating compliance for those
facilitating compliance for those
manufacturers that produce a
manufacturers that produce a
limited range of vehicles. In order
limited range of vehicles. In order
to improve the competitive
to improve the competitive
neutrality, the Commission should
neutrality, the Commission should
have the powers to clarify the
have the powers to clarify the
conditions on which independent
conditions on which independent
manufacturers may form a pool in
manufacturers may form a pool in
order to allow them to be placed in
order to allow them to be placed in
a position equivalent to connected
a position equivalent to connected
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undertakings.
undertakings.
Recital 34
(34) A robust compliance
(34) A robust compliance
mechanism is necessary in order to
mechanism is necessary in order to
ensure that the targets under this
ensure that the targets under this
Regulation are met.
Regulation are met.
Recital 35
(35) It is also essential for
(35) It is also essential for
achieving the CO2 reductions
achieving the CO2 reductions
required under this Regulation, that
required under this Regulation, that
the emissions of vehicles in use are
the emissions of vehicles in use are
in conformity with the CO2 values
in conformity with the CO2 values
determined at type approval. It
determined at type approval. It
should therefore be possible for the
should therefore be possible for the
Commission to take into account in
Commission to take into account in
the calculation of the average
the calculation of the average
specific emissions of a
specific emissions of a
manufacturer any systemic non-
manufacturer any systemic non-
conformity found by type approval
conformity found by type approval
authorities with regard to the CO2
authorities with regard to the CO2
emissions of vehicles in use.
emissions of vehicles in use.
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Recital 36
(36) In order to be in position to
(36) In order to be in position to
take such measures the Commission
take such measures the Commission
should have the powers to prepare
should have the powers to prepare
and implement a procedure for
and implement a procedure for
verifying the in-service conformity
verifying the in-service conformity
of the CO2 emissions of light duty
of the CO2 emissions of light duty
vehicles placed on the market. For
vehicles placed on the market. For
that purpose Regulation (EC) No
that purpose Regulation (EC) No
715/2007 should be amended.
715/2007 should be amended.
Amendment 20
Recital 37
(37) The specific emissions of
(37) The specific emissions of
(37) The specific emissions of
Council:
CO2 from new passenger cars and
CO2 from new passenger cars and
CO2 from new passenger cars and
light commercial vehicles are
light commercial vehicles are
light commercial vehicles are
Maintain Council position
measured on a harmonised basis in measured on a harmonised basis in measured on a harmonised basis in
the Union according to the
the Union according to the
the Union according to the
(recast issue)
methodology laid down in
methodology laid down in
methodology laid down in
Regulation (EC) No 715/2007.
Regulation (EC) No 715/2007. To
Regulation (EC) No 715/2007.
To minimise the administrative
minimise the administrative burden To minimise the administrative
burden of this Regulation,
of this Regulation, compliance
burden of this Regulation,
compliance should be measured by should be measured by reference to compliance should be measured by
reference to data on registrations of data on registrations of new cars
reference to data on registrations of
new cars and light commercial
and light commercial vehicles in
new cars and light commercial
vehicles in the Union collected by
the Union collected by Member
vehicles in the Union collected by
Member States and reported to the
States and reported to the
Member States and reported to the
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Commission. To ensure the
Commission. To ensure the
Commission. To ensure the
consistency of the data used to
consistency of the data used to
consistency of the data used to
assess compliance, the rules for the assess compliance, the rules for the assess compliance, the rules for the
collection and reporting of this data collection and reporting of this data collection and reporting of this data
should be harmonised as far as
should be harmonised
[…]. The
should be harmonised as far as
possible. The competent authorities' competent authorities'
possible. The competent authorities'
responsibility to provide correct and responsibility to provide correct and responsibility to provide correct and
complete data should therefore be
complete data should therefore be
complete data should therefore be
clearly stated as well as the need for clearly stated as well as the need for clearly stated as well as the need for
an effective cooperation between
an effective cooperation between
an effective cooperation between
those authorities and the
those authorities and the
those authorities and the
Commission in addressing data
Commission in addressing data
Commission in addressing data
quality issues.
quality issues.
quality issues.
Amendment 21
Recital 38
(38) Manufacturers’ compliance
(38) Manufacturers’ compliance
(38) Manufacturers’ compliance
Council:
with the targets under this
with the targets under this
with the targets under this
Regulation should be assessed at
Regulation should be assessed at
Regulation should be assessed at
Amendments 21 and 41 on
Union level. Manufacturers whose
Union level. Manufacturers whose
Union level. Manufacturers whose
earmarking not acceptable. To be
average specific emissions of CO2
average specific emissions of CO2
average specific emissions of CO2
discussed further
exceed those permitted under this
exceed those permitted under this
exceed those permitted under this
Regulation should pay an excess
Regulation should pay an excess
Regulation should pay an excess
See Commission suggestion under
emissions premium with respect to emissions premium with respect to emissions premium with respect to
Amendment 3 and Council text for
each calendar year. The amounts of each calendar year. The amounts of each calendar year. The amounts of
Art 14 (1a)
the excess emissions premium
the excess emissions premium
the excess emissions premium
should be considered as revenue for should be considered as revenue for should be considered as revenue for
the general budget of the Union.
the general budget of the Union
and the general budget of the Union.
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be used to contribute to a just
transition towards zero-emission
mobility. Those amounts should
also be used to complement
targeted programmes for re-
skilling, up-skilling and education
of workers affected by structural
changes in the automotive sector,
and for reallocation of labour and
job-seeking initiatives in close
dialogue with social partners,
communities and competent
authorities in the regions affected
by the transition of jobs.
Recital 39
(39) Any national measure that
(39) Any national measure that
Member States may maintain or
Member States may maintain or
introduce in accordance with
introduce in accordance with
Article 193 of the Treaty on the
Article 193 of the Treaty on the
Functioning of the European Union
Functioning of the European Union
(TFEU) should not, in
(TFEU) should not, in
consideration of the purpose of and
consideration of the purpose of and
procedures established in this
procedures established in this
Regulation, impose additional or
Regulation, impose additional or
more stringent penalties on
more stringent penalties on
manufacturers who fail to meet
manufacturers who fail to meet
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their targets under this Regulation.
their targets under this Regulation.
Recital 40
(40) This Regulation should be
(40) This Regulation should be
without prejudice to the full
without prejudice to the full
application of Union competition
application of Union competition
rules.
rules.
Amendment 22
Recital 41
(41) The effectiveness of the
(41) The effectiveness of the
(41) The effectiveness of the
Council:
targets set out in this Regulation in targets set out in this Regulation in targets set out in this Regulation in
reducing CO2 emissions in reality is reducing CO2 emissions in reality is reducing CO2 emissions in reality is Part of Amendment that relates to
strongly dependent on the
strongly dependent on the
strongly dependent on the
RDE not acceptable.
representativeness of the official
representativeness of the official
representativeness of the official
test procedure. In accordance with
test procedure. In accordance with
test procedure. In accordance with
Accept Commission suggestion for
the Opinion of the Scientific
the Opinion of the Scientific
the Opinion of the Scientific
amendments to recital 41 based on
Advice Mechanism (SAM)
10 and
Advice Mechanism (SAM)23 and
Advice Mechanism (SAM)
13 and
Amendment 22 and covering
the recommendation of the
the recommendation of the
the recommendation of the
Amendment 52:
European Parliament, following its European Parliament, following its European Parliament, following its
inquiry into emission measurements inquiry into emission measurements inquiry into emission measurements (41) The effectiveness of the targets
in the automotive sector
11, a
in the automotive sector24, a
in the automotive sector
14, a
set out in this Regulation in
mechanism should be put in place
mechanism should be put in place
mechanism should be put in place
reducing CO2 emissions in reality is
to assess the real world
to assess the real world
to assess the real world
strongly dependent on the
representativeness of vehicle CO2
representativeness of vehicle CO2
representativeness of vehicle CO2
representativeness of the official
emissions and energy consumption emissions and energy consumption emissions and energy consumption test procedure. In accordance with
values determined in accordance
values determined in accordance
values determined in accordance
the Opinion of the Scientific
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with Regulation (EU) 2017/1151.
with Regulation (EU) 2017/1151.
with […] the WLTP test procedure Advice Mechanism (SAM)23 and
The Commission should have the
The most reliable way to ensure
adopted on the basis of Regulation the recommendation of the
powers to ensure the public
the real world representativeness
(EC) No 715/2007. The
European Parliament, following its
availability of such data, and, where
of type-approval values is by
Commission should have the
inquiry into emission measurements
necessary, develop the procedures
introducing a real-world CO2
powers to ensure the public
in the automotive sector24, a
needed for identifying and
emissions test. Therefore, the
availability of such data, whilst
mechanism should be put in place
collecting the data required for
Commission should, by means of
providing for the protection of any to assess the real world
performing such assessments.
delegated acts, and with
personal data, and, where
representativeness of vehicle CO2
________
consideration of the
necessary, develop the procedures
emissions and energy consumption
10
High Level Group of
appropriateness of using PEMS,
needed for identifying and
values determined in accordance
Scientific Advisors, Scientific
develop the real-world CO2
collecting the data required for
with […] the WLTP test procedure
Opinion 1/2016 "Closing the gap
emissions test and introduce it at
performing such assessments.
adopted on the basis of Regulation
between light-duty vehicle real-
the latest two years after the date
________
(EC) No 715/2007.
The most
world CO2 emissions and
of application of this Regulation.
13
High Level Group of
reliable way to assess the real
laboratory testing"
However, until that test becomes
Scientific Advisors, Scientific
world representativeness of type-
11
European Parliament
applicable, compliance with this
Opinion 1/2016 "Closing the gap
approval values is by using data
recommendation of 4 April 2017 to
Regulation should be ensured by
between light-duty vehicle real-
from the on-board fuel and/or
the Council and the Commission
using data from the fuel
world CO2 emissions and
energy consumption monitoring
following the inquiry into emission
consumption meters reported by
laboratory testing"
devices. Whilst providing for the
measurements in the automotive
manufacturers and coupled with a 14
European Parliament
protection of any personal data, the
sector (2016/2908(RSP))
limit, set for each manufacturer in recommendation of 4 April 2017 to Commission should have the
2021 as a percentage difference
the Council and the Commission
powers to ensure the public
that is not to be exceeded. The
following the inquiry into emission availability of
fuel and energy
Commission should have the
measurements in the automotive
consumption data, and
to develop
powers to ensure the public
sector (2016/2908(RSP))
the procedures needed for
reporting
availability of
fuel consumption
such data required for performing
data, and
to develop the procedures
such assessments.
It is moreover
needed for
reporting such data
appropriate, in order to ensure the
required for performing such
availability of fuel and energy
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assessments.
The Commission
consumption data from battery
should take appropriate measures
electric vehicles and vehicles with
in case of manufacturers’ non-
power trains using gaseous fuels,
compliance with the real-world
including hydrogen, that the work
CO2 emissions requirements under
on standardisation of the fuel
this Regulation.
and/or energy consumption
__________________
monitoring devices for those
10
High Level Group of
powertrains will be pursued
Scientific Advisors, Scientific
without delay as part of the
Opinion 1/2016 "Closing the gap
implementation of Regulation
between light-duty vehicle real-
(EU) 2017/1151.
world CO2 emissions and
laboratory testing".
11
European Parliament
RDE issue to be discussed further
recommendation of 4 April 2017 to
the Council and the Commission
following the inquiry into emission
measurements in the automotive
sector (2016/2908(RSP)).
Amendment 23
Recital 41 a (new)
(41a) Currently, there is no
Council:
harmonised way to assess life-cycle
emissions from light commercial
Amendment not acceptable
vehicles. It is appropriate that the
Commission provide such analysis
See also AM 40
by the end of 2026 to present a
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Comments/Suggestions
Plenary vote 3/10/2018
General approach 9/10/2018
broad picture of carbon emissions
from the light commercial vehicles
sector. For that purpose, the
Commission should develop, by
means of delegated acts, a
common Union methodology for
the consistent data reporting, as
from 2025, by manufacturers of
the lifecycle CO2 emissions of all
fuel types and vehicle powertrains
they put on the market. Such
methodology should also be in line
with the relevant ISO standards
and account for the global
warming potential (GWP) of
vehicle’s well-to-tank, tank-to-
wheel, production and end-of-life
emissions. The analysis by the
Commission should be based on
the data reported by
manufacturers as well as any other
available relevant data.
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Amendment 80
Recital 42
(42) In 2024 it is foreseen to
(42) It is appropriate to assess the (42) In 2023 it is foreseen to
Council:
review the progress achieved under effectiveness of this Regulation
in
review the progress achieved under
the [Effort Sharing Regulation and
2023 in order to allow
a
timely,
the [Effort Sharing Regulation and Maintain Council position
Emissions Trading System
transparent, coordinated and
Emissions Trading System
Directive]. It is therefore
coherent assessment of
its
Directive]. It is therefore
Editorial correction:
appropriate to assess the
implementation and the progress
appropriate to comprehensively
In 202
4 it is foreseen to review the
effectiveness of this Regulation in
made towards achieving the set
assess the effectiveness of this
progress achieved under the [Effort
that same year to allow a
targets within the set timeline, also Regulation in that same year to
Sharing Regulation and Emissions
coordinated and coherent
in relation to progress achieved
allow a coordinated and coherent
Trading System Directive]. It is
assessment of the measures
under the Effort Sharing
assessment of the measures
[…] appropriate to
implemented under all these
Regulation and Emissions Trading implemented under all these
comprehensively assess the
instruments.
System Directive.
instruments. In this review the
effectiveness of this Regulation in
Commission should also identify a […]
2023 to allow a coordinated
clear pathway for further CO2
and coherent assessment of the
emission reductions for passenger
measures implemented under all
cars and light commercial vehicles these instruments. In this review the
beyond 2030 in order to
Commission should also identify a
significantly contribute to achieving clear pathway for further CO2
the long-term goal of the Paris
emission reductions for passenger
Agreement. Where appropriate, the cars and light commercial vehicles
report on this review should be
beyond 2030 in order to
accompanied by a proposal for
significantly contribute to achieving
amending this Regulation.
the long-term goal of the Paris
Agreement. Where appropriate, the
report on this review should be
accompanied by a proposal for
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amending this Regulation.
Recital 43
(43) Regulations (EC)
(43) Regulations (EC)
No 443/2009 and (EU)
No 443/2009 and (EU)
No 510/2011 should be repealed
No 510/2011 should be repealed
with effect from 1 January 2020.
with effect from 1 January 2020.
Recital 44
(44) In order to ensure uniform
(44) In order to ensure uniform
conditions for the implementation
conditions for the implementation
of this Regulation , implementing
of this Regulation , implementing
powers should be conferred on the
powers should be conferred on the
Commission.
Commission.
Recital 45
(45) The implementing powers
[…] The implementing powers
relating to Articles 6(8), 7(7) and
relating to […] the specification of
(8), 8(3), 11(2), 12(3) and 14(3)
detailed conditions for pooling
should be exercised in accordance
arrangements, procedures for
with Regulation (EU) No 182/2011
monitoring and reporting of data on
of the European Parliament and of
average emissions as well as
the Council
12.
procedures for taking into account
________
deviations found in the CO2
12
Regulation (EU) No 182/2011
emissions of vehicles when
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of the European Parliament and of
calculating the average specific
the Council of 16 February 2011
emissions of a manufacturer,
laying down the rules and general
determination of the means for
principles concerning mechanisms
collecting excess emissions
for control by Member States of the
premiums, procedures to approve
Commission's exercise of
the innovative technologies or
implementing powers (OJ L 55,
innovative technology packages
28.2.2011, p.13).
achieving CO2 savings, measures
allowing the monitoring and
assessment of the real world
representativeness of the CO2
emission and energy consumption
values determined in accordance
with the WLTP test procedure and
[…] determination of the
correlation parameters necessary in
order to reflect any change in the
regulatory test procedure for the
measurement of specific CO2
emissions should be exercised in
accordance with Regulation (EU)
No 182/2011 of the European
Parliament and of the Council
15.
________
15
Regulation (EU) No 182/2011
of the European Parliament and of
the Council of 16 February 2011
laying down the rules and general
principles concerning mechanisms
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for control by Member States of the
Commission's exercise of
implementing powers (OJ L 55,
28.2.2011, p.13).
Amendment 24
Recital 46
(46) In order to amend or
(46) In order to amend or
(46) In order to amend […]
non-
To be adapted to the final
supplement non-essential elements supplement non-essential elements essential elements of the provisions agreement
of the provisions of this
of the provisions of this Regulation of this Regulation the power to
Regulation the power to adopt acts the power to adopt acts in
adopt acts in accordance with
See also AMs 57, 58 and 59
in accordance with Article 290 of
accordance with Article 290 of the Article 290 of the Treaty on the
the Treaty on the Functioning of the Treaty on the Functioning of the
Functioning of the European Union
European Union should be
European Union should be
(TFEU) should be delegated to the
delegated to the Commission in
delegated to the Commission in
Commission in respect of amending
respect of amending Annexes II and respect of amending Annexes II and Annexes II and III as regards data
III as regards data requirements and III as regards data requirements and requirements and data parameters,
data parameters, supplementing the data parameters,
establishing the
[…] , adjusting the figure
s of M0
rules on the interpretation of the
requirements to ensure compliance and TM0,[…] and of the 7 g
eligibility criteria for derogations
with the prohibition of defeat
CO2/km cap […] for the total
from the specific emissions targets,
devices and the required content of contributions of innovative
on the content of applications for a
the extended documentation
technologies, and […] adapting the
derogation and on the content and
package referred to in Article
formulae […] for calculating the
assessment of programmes for the
4(3c), establishing the rules and
specific emission targets to reflect
reduction of specific emissions of
procedures for reporting life-cycle the change in the regulatory test
CO2, adjusting the figure of M0 and
emissions referred to in Article
procedure. In order to supplement
TM0
, referred to in Article 13, the
7(8a), supplementing the rules on
non-essential elements of the
7 g CO2/km cap referred to in
the interpretation of the eligibility
provisions of this Regulation the
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Article 11, and the adjustment of
criteria for derogations from the
power to adopt acts in accordance
the formulae in Annex I referred to specific emissions targets, on the
with Article 290 of the TFEU
in Article 14(3). It is of particular
content of applications for a
should be delegated to the
importance that the Commission
derogation and on the content and
Commission in respect of
carry out appropriate consultations assessment of programmes for the
supplementing the rules on the
during its preparatory work,
reduction of specific emissions of
interpretation of the eligibility
including at expert level and that
CO2, adjusting the figure of M0 and criteria for derogations for certain
those consultations be conducted in TM0, referred to in Article 13, the
manufacturers from the specific
accordance with the principles laid 7 g CO2/km cap referred to in
emissions targets, on the content of
down in the Interinstitutional
Article 11,
developing a real-world the applications for a derogation
,
Agreement of 13 April 2016 on
CO2 emissions test referred to in
[…] on the content and assessment
Better Law-Making
13. In particular,
Article 12(1a) and the adjustment
of programmes for the reduction of
to ensure equal participation in the of the formulae in Annex I referred specific emissions of CO2 with
preparation of delegated acts, the
to in Article 14(3). It is of particular respect to certain manufacturers,
European Parliament and the
importance that the Commission
and for setting out the calculation
Council should receive all
carry out appropriate consultations formulae of the derogation targets
documents at the same time as
during its preparatory work,
for niche manufacturers. It is of
Member States' experts, and their
including at expert level and that
particular importance that the
experts should systematically have those consultations be conducted in Commission carry out appropriate
access to meetings of Commission
accordance with the principles laid consultations during its preparatory
expert groups dealing with the
down in the Interinstitutional
work, including at expert level, and
preparation of delegated acts.
Agreement of 13 April 2016 on
that those consultations be
________
Better Law-Making. In particular,
conducted in accordance with the
13
OJ L 123, 12.5.2016, p. 1.
to ensure equal participation in the principles laid down in the
preparation of delegated acts, the
Interinstitutional Agreement of
European Parliament and the
13 April 2016 on Better Law-
Council should receive all
Making
16. In particular, to ensure
documents at the same time as
equal participation in the
Member States' experts, and their
preparation of delegated acts, the
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experts should systematically have European Parliament and the
access to meetings of Commission
Council […]
receive all documents
expert groups dealing with the
at the same time as Member States'
preparation of delegated acts.
experts, and their experts […]
systematically have access to
meetings of Commission expert
groups dealing with the preparation
of delegated acts.
________
16
OJ L 123, 12.5.2016, p. 1.
Recital 47
(47) Since the objective of this
(47) Since the objective of this
Regulation, namely the
Regulation, namely the
establishment of CO2 emissions
establishment of CO2 emissions
performance requirements for new
performance requirements for new
passenger cars and new light
passenger cars and new light
commercial vehicles, cannot be
commercial vehicles, cannot be
achieved by the Member States, and
sufficiently achieved by the
can therefore, by reason of its scale
Member States, […] but can rather,
and effects, be better achieved at
by reason of its scale and effects, be
Union level, the Union may adopt
better achieved at Union level, the
measures, in accordance with the
Union may adopt measures, in
principle of subsidiarity as set out
accordance with the principle of
in Article 5 of the Treaty on
subsidiarity as set out in Article 5
European Union. In accordance
of the Treaty on European Union.
with the principle of
In accordance with the principle of
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proportionality, as set out in that
proportionality, as set out in that
Article, this Regulation does not go
Article, this Regulation does not go
beyond what is necessary in order
beyond what is necessary in order
to achieve that objective,
to achieve that objective,
HAVE ADOPTED THIS
REGULATION:
Amendment 25
Article 1, paragraph 1
Article 1
Article 1
Article 1
Council:
Subject matter and objectives
Subject matter and objectives
Subject matter and objectives
Amendment similar to Council
1.
This Regulation establishes
1.
This Regulation establishes
1.
This Regulation establishes
changes but preference for Council
CO2 emissions performance
CO2 emissions performance
CO2 emissions performance
text
requirements for new passenger
requirements for new passenger
requirements for new passenger
cars and for new light commercial
cars and for new light commercial
cars and for new light commercial
vehicles in order to ensure the
vehicles in order to
achieve the
vehicles to contribute to fulfilling
proper functioning of the internal
Union’s climate targets and to
the Union's target of reducing its
market .
comply with its climate
greenhouse gas emissions […] as
commitments at international
laid down in
Regulation (EU)
level, in a manner which is
No 2018/…[Effort Sharing
consistent with the proper
Regulation] and to achieving the
functioning of the internal market.
objectives of the Paris Agreement
and
to ensure the proper
functioning of the internal market.
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2.
From 1 January 2020, this
2.
From 1 January 2020, this
Regulation sets an EU fleet-wide
Regulation sets an EU fleet-wide
target of 95 g CO2/km for the
target of 95 g CO2/km for the
average emissions of new passenger
average emissions of new passenger
cars and an EU fleet-wide target of
cars and an EU fleet-wide target of
147 g CO2/km for the average
147 g CO2/km for the average
emissions of new light commercial
emissions of new light commercial
vehicles registered in the Union, as
vehicles registered in the Union, as
measured until 31 December 2020
measured until 31 December 2020
in accordance with Regulation (EC)
in accordance with Regulation (EC)
No 692/2008 together with
No 692/2008 together with
Implementing Regulations (EU)
Implementing Regulations (EU)
2017/1152 and (EU) 2017/1153,
2017/1152 and (EU) 2017/1153,
and, from 1 January 2021 measured
and, from 1 January 2021 measured
in accordance with Regulation (EU)
in accordance with Regulation (EU)
2017/1151.
2017/1151.
3.
This Regulation will until
3.
This Regulation will until
31 December 2024 be
31 December 2024 be
complemented by additional
complemented by additional
measures corresponding to a
measures corresponding to a
reduction of 10 g CO2/km as part of
reduction of 10 g CO2/km as part of
the Union's integrated
the Union's integrated
approach referred to in the 2007
approach referred to in the 2007
Communication from the
Communication from the
Commission to the Council and the
Commission to the Council and the
European Parliament
14.
European Parliament
14.
________
________
14
Communication from the
14
Communication from the
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Commission to the Council and the
Commission to the Council and the
European Parliament of
European Parliament of
7 February 2007 Results of the
7 February 2007 Results of the
review of the Community Strategy
review of the Community Strategy
to reduce CO2 emissions from
to reduce CO2 emissions from
passenger cars and light-
passenger cars and light-
commercial vehicles
commercial vehicles
(COM(2007) 19 final).
(COM(2007) 19 final).
Amendment 26
Article 1, paragraph 4
4.
From 1 January 2025 the
4.
From 1 January 2025 the
4.
From 1 January 2025 the
following EU fleet-wide targets
following EU fleet-wide targets
following EU fleet-wide targets
shall apply:
shall apply:
shall apply:
(a) for the average emissions of
(a) for the average emissions of
(a) for the average emissions of
Council:
the new passenger car fleet, an
the new passenger car fleet, an
the new passenger car fleet, an
EU fleet-wide target equal to a
EU fleet-wide target equal to a
EU fleet-wide target equal to a Maintain Council position
15% reduction of the average
20 % reduction of the average
15% reduction of the average
of the specific emissions
of the specific emissions
of the specific emissions
targets in 2021 determined in
targets in 2021 determined in
targets in 2021 determined in
accordance with point 6.1.1 of
accordance with point 6.1.1 of
accordance with point 6.1.1 of
Part A of Annex I;
Part A of Annex I;
Part A of Annex I;
(b) for the average emissions of
(b) for the average emissions of
(b) for the average emissions of
Council:
the new light commercial
the new light commercial
the new light commercial
vehicles fleet, an EU fleet-wide
vehicles fleet, an EU fleet-wide
vehicles fleet, an EU fleet-wide Maintain Council position
target equal to a 15% reduction
target equal to a
20 %
target equal to a 15% reduction
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of the average of the specific
reduction of the average of the
of the average of the specific
emissions targets in 2021
specific emissions targets in
emissions targets in 2021
determined in accordance with
2021 determined in accordance
determined in accordance with
point 6.1.1 of Part B of
with point 6.1.1 of Part B of
point 6.1.1 of Part B of
Annex I;
Annex I;
Annex I;
Amendment 27
Article 1, paragraph 4, subparagraph 1 a (new)
From 1 January 2025, a
Council:
benchmark equal to a 20 % market
share of the sales of new passenger
Amendment not acceptable
cars and new light commercial
vehicles in 2025, shall apply to the
See also AMs 98 and 67
share of zero- and low-emission
vehicles, which shall be
determined in accordance with
point 6.3 of Part A of Annex I and
point 6.3 of Part B of Annex I
respectively.
For recitals, see AMs 11, 13, 14
and 15
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General approach 9/10/2018
Amendments 81 and 95
Article 1, paragraph 5
5.
From 1 January 2030 the
5.
From 1 January 2030 the
5.
From 1 January 2030 the
following targets shall apply:
following targets shall apply:
following targets shall apply:
(a) for the average emissions of
(a) for the average emissions of
(a) for the average emissions of
Council:
the new passenger car fleet, an
the new passenger car fleet, an
the new passenger car fleet, an
EU fleet-wide target equal to a
EU fleet-wide target equal to a
EU fleet-wide target equal to a Maintain Council position
30% reduction of the average
40 % reduction of the average
[…] 35 %
reduction of the
of the specific emissions
of the specific emissions
average of the specific
targets in 2021 determined in
targets in 2021 determined in
emissions targets in 2021
accordance with point 6.1.2 of
accordance with point 6.1.2 of
determined in accordance with
Part A of Annex I;
Part A of Annex I;
point 6.1.2 of Part A of
Annex I;
(b) for the average emissions of
(b) for the average emissions of
(b) for the average emissions of
Council:
the new light commercial
the new light commercial
the new light commercial
vehicles fleet, an EU fleet-
vehicles fleet, an EU fleet-
vehicles fleet, an EU fleet-
Maintain Council position
wide target equal to a 30%
wide target equal to a
40 %
wide target equal to a 30%
reduction of the average of the
reduction of the average of the
reduction of the average of the
specific emissions targets in
specific emissions targets in
specific emissions targets in
2021 determined in accordance
2021 determined in accordance
2021 determined in accordance
with point 6.1.2 of Part B of
with point 6.1.2 of Part B of
with point 6.1.2 of Part B of
Annex I.
Annex I.
Annex I.
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General approach 9/10/2018
Amendment 96
Article 1, paragraph 5, subparagraph 1 a (new)
From 1 January 2030, a
Council:
benchmark equal to a 35 % market
share of the sales of new passenger
Maintain Council position (see
cars and new light commercial
Council text in Annex I, Part A,
vehicles in 2030 shall apply to the
point 6.3)
share of zero- and low-emission
vehicles, which shall be
See also AMs 98 and 99
determined in accordance with
point 6.3 of Part A of Annex I and
point 6.3 of Part B of Annex I
For recitals, see AMs 11, 13, 14
respectively.
and 15
Article 2
Article 2
Article 2
Scope
Scope
1.
This Regulation shall apply to
1.
This Regulation shall apply to
the following motor vehicles :
the following motor vehicles :
(a) category M1 as defined in
(a) category M1 as defined in
Annex II to Directive
Annex II to Directive
2007/46/EC (‘passenger cars’)
2007/46/EC (‘passenger cars’)
which are registered in the
which are registered in the
Union for the first time and
Union for the first time and
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which have not previously been
which have not previously been
registered outside the Union
registered outside the Union
(‘new passenger cars’);
(‘new passenger cars’);
Amendment 30
Article 2, paragraph 1, point b
(b) category N1 as defined in
(b) category N1 as defined in
(b) category N1 as defined in
Council:
Annex II to Directive
Annex II to Directive
Annex II to Directive
2007/46/EC with a reference
2007/46/EC with a reference
2007/46/EC with a reference
Accept Commission suggestion
mass not exceeding 2 610 kg
mass not exceeding 2610 kg
mass not exceeding 2 610 kg
covering Amendments 30, 31 and
and category N1 to which type-
and to vehicles of category N1
and category N1 to which type- 18 (recital):
approval is extended in
to which type-approval is
approval is extended in
accordance with Article 2(2) of
extended in accordance with
accordance with Article 2(2) of Article 2(1)(b)
Regulation (EC) No 715/2007
Article 2(2) of Regulation (EC)
Regulation (EC) No 715/2007
(‘light commercial vehicles’)
No 715/2007 (‘light
(‘light commercial vehicles’)
“(b) category N1 as defined in
which are registered in the
commercial vehicles’) which
which are registered in the
Annex II to Directive 2007/46/EC
Union for the first time and
are registered in the Union for
Union for the first time and
with a reference mass not
which have not previously been
the first time and which have
which have not previously been exceeding 2610 kg and to vehicles
registered outside the Union
not previously been registered
registered outside the Union
of category N1 to which type-
(‘new light commercial
outside the Union (‘new light
(‘new light commercial
approval is extended in accordance
vehicles’).
commercial vehicles’).
The
vehicles’).
with Article 2(2) of Regulation
Commission, in accordance
(EC) No 715/2007 (‘light
with the objectives of this
commercial vehicles’) which are
Regulation, is empowered to
registered in the Union for the first
update, if necessary, the limit
time and which have not previously
of the reference mass
been registered outside the Union
(2 610 kg) for light
(‘new light commercial vehicles’).
commercial vehicles using
In the case of zero emission
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alternative fuels that require
vehicles of category N1 with a
additional weight due to
reference mass exceeding 2610 kg,
powertrains and energy
or 2840 kg as the case may be, they
storage systems (e.g. batteries)
shall for the purposes of this
which are heavier than those
Regulation and without prejudice
used in conventional vehicles.
to Directive 2007/46/EC and
Regulation (EC) No 715/2007, be
counted as N1 vehicles, if the
excess reference mass is due only
to the mass of the energy storage
system.
2.
A previous registration
2.
A previous registration
outside the Union made less than
outside the Union made less than
three months before registration in
three months before registration in
the Union shall not be taken into
the Union shall not be taken into
account.
account.
3.
This Regulation shall not
3.
This Regulation shall not
apply to special purpose vehicles as
apply to special purpose vehicles as
defined in point 5 of Part A to
defined in point 5 of Part A to
Annex II to Directive 2007/46/EC.
Annex II to Directive 2007/46/EC.
4.
Article 4, Article 7 (4)(b) and
4.
Article 4, Article 7 (4)(b) and
(c), Article 8 and Article 9(1)(a)
(c), Article 8 and Article 9(1)(a)
and (c) shall not apply to a
and (c) shall not apply to a
manufacturer which, together with
manufacturer which, together with
all of its connected undertakings, is
all of its connected undertakings, is
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General approach 9/10/2018
responsible for fewer than 1 000
responsible for fewer than 1 000
new passenger cars or for fewer
new passenger cars or for fewer
than 1 000 new light commercial
than 1 000 new light commercial
vehicles registered in the Union in
vehicles registered in the Union in
the previous calendar year, unless
the previous calendar year, unless
that manufacturer applies for and is
that manufacturer applies for and is
granted a derogation in accordance
granted a derogation in accordance
with Article 10.
with Article 10.
Amendment 31
Article 2, paragraph 4 a (new)
4a. This Regulation shall apply
Council:
to alternatively fuelled vehicles
with a maximum authorised mass
See under Amendment 30
above 3 500 kg but not exceeding
4 250 kg, provided that the mass in
excess of 3 500 kg is exclusively
due to the excess of mass of the
propulsion system in comparison
with the propulsion system of a
vehicle of the same dimensions
equipped with a conventional
internal combustion engine with
positive ignition or compression
ignition.
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Article 3
Article 3
Article 3
Definitions
Definitions
1.
For the purposes of this
1.
For the purposes of this
Regulation, the following
Regulation, the following
definitions shall apply:
definitions shall apply:
Amendment 32
Article 3, paragraph 1, point n a (new)
(na) 'defeat device' means an
Council:
element of design which senses
temperature, vehicle speed, engine
Accept Commission suggestion for
speed (RPM), transmission gear,
amended recital 36 covering
manifold vacuum or any other
Amendments 32, 33, 34, 35 and 7:
parameter for the purpose of
activating, modulating, delaying or
(36) In order to be in
a position to
deactivating the operation of any
take such measures the Commission
system or part of a system that
should have the powers to prepare
increases CO2 emissions under
and implement a procedure for
conditions which may reasonably
verifying the in-service conformity
be expected to be encountered in
of the CO2 emissions of light duty
normal vehicle operation and use.
vehicles placed on the market.
In
developing that procedure,
particular consideration should be
given to identifying methods,
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including the use of data from on-
board fuel and/or energy
consumption monitoring devices,
for detecting strategies through
which a vehicle’s CO2
performance is artificially
improved in the type approval test
procedure. For that purpose
Regulation (EC) No 715/2007
should be amended.
(a) ‘average specific emissions of
(a) ‘average specific emissions of
CO2’ means, in relation to a
CO2’ means, in relation to a
manufacturer, the average of
manufacturer, the average of
the specific emissions of CO2
the specific emissions of CO2
of all new passenger cars or of
of all new passenger cars or of
all new light commercial
all new light commercial
vehicles of which it is the
vehicles of which it is the
manufacturer;
manufacturer;
(b) ‘certificate of conformity’
(b) ‘certificate of conformity’
means the certificate referred to
means the certificate referred to
in Article 18 of Directive
in Article 18 of Directive
2007/46/EC;
2007/46/EC;
(c) ‘completed vehicle’ means a
(c) ‘completed vehicle’ means a
light commercial vehicle where
light commercial vehicle where
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type-approval is granted
type-approval is granted
following completion of a
following completion of a
process of multi-stage type-
process of multi-stage type-
approval in accordance with
approval in accordance with
Directive 2007/46/EC;
Directive 2007/46/EC;
(d) ‘complete vehicle’ means any
(d) ‘complete vehicle’ means any
light commercial vehicle which
light commercial vehicle which
does not need to be completed
does not need to be completed
in order to meet the relevant
in order to meet the relevant
technical requirements of
technical requirements of
Directive 2007/46/EC;
Directive 2007/46/EC;
(e) ‘base vehicle’ means any light
(e) ‘base vehicle’ means any light
commercial vehicle which is
commercial vehicle which is
used at the initial stage of a
used at the initial stage of a
multi-stage type-approval
multi-stage type-approval
process;
process;
(f) ‘manufacturer’ means the
(f) ‘manufacturer’ means the
person or body responsible to
person or body responsible to
the approval authority for all
the approval authority for all
aspects of the EC type-
aspects of the EC type-
approval procedure in
approval procedure in
accordance with Directive
accordance with Directive
2007/46/EC and for ensuring
2007/46/EC and for ensuring
conformity of production;
conformity of production;
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(g) ‘mass in running order ’ means
(g) ‘mass in running order ’ means
the mass of the passenger car
the mass of the passenger car
or light commercial vehicle
or light commercial vehicle
with bodywork in running
with bodywork in running
order as stated in the certificate
order as stated in the certificate
of conformity and defined in
of conformity and defined in
section 2.6 of Annex I to
section 2.6 of Annex I to
Directive 2007/46/EC;
Directive 2007/46/EC;
(h) ‘specific emissions of CO2’
(h) ‘specific emissions of CO2’
means the CO2 emissions of
means the CO2 emissions of
a passenger car or a light
a passenger car or a light
commercial vehicle measured
commercial vehicle measured
in accordance with Regulation
in accordance with Regulation
(EC) No 715/2007 and its
(EC) No 715/2007 and its
implementing Regulations and
implementing Regulations and
specified as the CO2 mass
specified as the CO2 mass
emission (combined) in the
emission (combined) in the
certificate of conformity of the
certificate of conformity of the
vehicle. For passenger
vehicle. For passenger
cars or light commercial
cars or light commercial
vehicles which are not type-
vehicles which are not type-
approved in accordance with
approved in accordance with
Regulation (EC) No 715/2007,
Regulation (EC) No 715/2007,
‘specific emissions of CO2’
‘specific emissions of CO2’
means the CO2 emissions
means the CO2 emissions
measured in accordance with
measured pursuant to
the same measurement
Regulation (EC) No 715/2007,
procedure as specified in
notably in accordance with the
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Regulation (EC) No 692/2008
same measurement procedure
until 31 December 2020, and
as specified in Regulation (EC)
from 1 January 2021 in
No 692/2008 until 31
Regulation (EU) 2017/1151, or
December 2020, and from
in accordance with procedures
1 January 2021 in Regulation
adopted by the Commission to
(EU) 2017/1151, or in
establish the CO2 emissions for
accordance with procedures
such vehicles;
adopted by the Commission to
establish the CO2 emissions for
such vehicles;
(i) ‘footprint’ means the average
(i) ‘footprint’ means the average
track width multiplied by the
track width multiplied by the
wheelbase as stated in the
wheelbase as stated in the
certificate of conformity and
certificate of conformity and
defined in Sections 2.1 and 2.3
defined in Sections 2.1 and 2.3
of Annex I to Directive
of Annex I to Directive
2007/46/EC;
2007/46/EC;
(j) ‘specific emissions target’
(j) ‘specific emissions target’
means, in relation to a
means, in relation to a
manufacturer, the annual target
manufacturer, the annual target
determined in accordance with
determined in accordance with
Annex I or, if the manufacturer
Annex I or, if the manufacturer
is granted a derogation in
is granted a derogation in
accordance with Article 10 the
accordance with Article 10 the
specific emissions target
specific emissions target
determined according to that
determined according to that
derogation;
derogation;
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(k) 'EU fleet-wide target' means
(k) 'EU fleet-wide target' means
the average CO2 emissions of
the average CO2 emissions of
all new passenger cars or all
all new passenger cars or all
new light commercial vehicles
new light commercial vehicles
to be achieved in a given
to be achieved in a given
period;
period;
(l) 'test mass' means the test mass
(l) 'test mass' means the test mass
of a passenger car or light
of a passenger car or light
commercial vehicle as stated in
commercial vehicle as stated in
the certificate of conformity
the certificate of conformity
and as defined in point 3.2.25
and as defined in point 3.2.25
of Annex XXI to Regulation
of Annex XXI to Regulation
(EU) 2017/1151;
(EU) 2017/1151;
(m) 'zero- and low-emission
(m) 'zero- and low-emission
vehicle' means a passenger car
vehicle' means a passenger car
or a light commercial vehicle
or a light commercial vehicle
with tailpipe emissions from
with tailpipe emissions from
zero up to 50 g CO2/km, as
zero up to 50 g CO2/km, as
determined in accordance with
determined in accordance with
Regulation (EU) 2017/1151.
Regulation (EU) 2017/1151.
(n) ‘payload’ means the difference
(n) ‘payload’ means the difference
between the technically
between the technically
permissible maximum laden
permissible maximum laden
mass pursuant to Annex II to
mass pursuant to Annex II to
Directive 2007/46/EC and the
Directive 2007/46/EC and the
mass of the vehicle.
mass of the vehicle.
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2.
For the purposes of this
2.
For the purposes of this
Regulation ‘a group of connected
Regulation ‘a group of connected
manufacturers’ means a
manufacturers’ means a
manufacturer and its connected
manufacturer and its connected
undertakings. In relation to a
undertakings. In relation to a
manufacturer, ‘connected
manufacturer, ‘connected
undertakings’ means:
undertakings’ means:
(a) undertakings in which the
(a) undertakings in which the
manufacturer has, directly or
manufacturer has, directly or
indirectly:
indirectly:
(i) the power to exercise more
(i) the power to exercise more
than half the voting rights;
than half the voting rights;
or
or
(ii) the power to appoint more
(ii) the power to appoint more
than half the members of
than half the members of
the supervisory board,
the supervisory board,
board of management or
board of management or
bodies legally representing
bodies legally representing
the undertaking; or
the undertaking; or
(iii) the right to manage the
(iii) the right to manage the
undertaking's affairs;
undertaking's affairs;
(b) undertakings which directly or
(b) undertakings which directly or
indirectly have, over the
indirectly have, over the
manufacturer, the rights or
manufacturer, the rights or
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powers listed in point (a);
powers listed in point (a);
(c) undertakings in which an
(c) undertakings in which an
undertaking referred to in point
undertaking referred to in point
(b) has, directly or indirectly,
(b) has, directly or indirectly,
the rights or powers listed in
the rights or powers listed in
point (a);
point (a);
(d) undertakings in which the
(d) undertakings in which the
manufacturer together with one
manufacturer together with one
or more of the undertakings
or more of the undertakings
referred to in points (a), (b) or
referred to in points (a), (b) or
(c), or in which two or more of
(c), or in which two or more of
the latter undertakings, jointly
the latter undertakings, jointly
have the rights or powers listed
have the rights or powers listed
in point (a);
in point (a);
(e) undertakings in which the
(e) undertakings in which the
rights or the powers listed in
rights or the powers listed in
point (a) are jointly held by the
point (a) are jointly held by the
manufacturer or one or more of
manufacturer or one or more of
its connected undertakings
its connected undertakings
referred to in points (a) to (d)
referred to in points (a) to (d)
and one or more third parties.
and one or more third parties.
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Article 4
Article 4
Article 4
Specific emissions targets
Specific emissions targets
1.
The manufacturer shall ensure
1.
The manufacturer shall ensure
that its average specific emissions
that its average specific emissions
of CO2 do not exceed the following
of CO2 do not exceed the following
specific emissions targets:
specific emissions targets:
(a) for calendar year 2020, the
(a) for calendar year 2020, the
specific emissions target
specific emissions target
determined in accordance with
determined in accordance with
points 1 and 2 of Part A of
points 1 and 2 of Part A of
Annex I in the case of
Annex I in the case of
passenger cars, or points 1 and
passenger cars, or points 1 and
2 of Part B of Annex I in the
2 of Part B of Annex I in the
case of light commercial
case of light commercial
vehicles, or where a
vehicles, or where a
manufacturer is granted a
manufacturer is granted a
derogation under Article 10, in
derogation under Article 10, in
accordance with that
accordance with that
derogation;
derogation;
(b) for each calendar year from
(b) for each calendar year from
2021 until 2024, the specific
2021 until 2024, the specific
emissions target determined in
emissions target determined in
accordance with points 3 and 4
accordance with points 3 and 4
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of Parts A or B of Annex I as
of Parts A or B of Annex I as
appropriate or, where a
appropriate or, where a
manufacturer is granted a
manufacturer is granted a
derogation under Article 10 , in
derogation under Article 10 , in
accordance with that
accordance with that
derogation and point 5 of Parts
derogation and point 5 of Parts
A or B of Annex I;
A or B of Annex I;
(c) for each calendar year, starting
(c) for each calendar year, starting
from 2025, the specific
from 2025, the specific
emissions targets determined in
emissions targets determined in
accordance with point 6.3 of
accordance with point 6.3 of
Parts A or B of Annex I.
Parts A or B of Annex I.
2.
In the case of light
2.
In the case of light
commercial vehicles, where the
commercial vehicles, where the
specific emissions of the completed
specific emissions of the completed
vehicle are not available, the
vehicle are not available, the
manufacturer of the base vehicle
manufacturer of the base vehicle
shall use the specific emissions of
shall use the specific emissions of
the base vehicle for determining its
the base vehicle for determining its
average specific emissions of CO2.
average specific emissions of CO2.
3.
For the purposes of
3.
For the purposes of
determining each manufacturer’s
determining each manufacturer’s
average specific emissions of CO2,
average specific emissions of CO2,
the following percentages of each
the following percentages of each
manufacturer’s new passenger cars
manufacturer’s new passenger cars
registered in the relevant year shall
registered in the relevant year shall
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be taken into account:
be taken into account:
– 95 % in 2020,
– 95 % in 2020,
– 100 %from 2021 onwards.
– 100 %from 2021 onwards.
Amendment 33
Article 4, paragraph 3 a (new)
3a. The manufacturer shall
Council:
equip vehicles so that the systems
and components likely to affect
See under Amendment 32
emissions are designed,
constructed and assembled so as to
enable the passenger cars or the
light commercial vehicles of the
manufacturer, in normal use, to
comply with the specific emission
targets and other requirements
pursuant to this Regulation and its
implementing measures.
Amendment 34
Article 4, paragraph 3 b (new)
3b. The use of defeat devices
Council:
shall be prohibited. The
prohibition shall not apply where:
See under Amendment 32
(a) the need for the device is
justified in terms of protecting
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the engine against damage or
accident and for the safe
operation of the vehicle;
(b) the device does not function
beyond the requirements of
engine starting; or
(c) the conditions are
substantially included in the
test procedures referred to
under Article 1.
Amendment 35
Article 4, paragraph 3 c (new)
3c. In order for the approval
Council:
authorities to be able to assess
compliance with paragraphs 3a
See under Amendment 32
and 3b of this Article, the
manufacturer shall provide an
extended documentation package.
The Commission is empowered to
adopt a delegated act in
accordance with Article 16 to
supplement this Regulation with
requirements to ensure compliance
with the prohibition of defeat
devices and the required content of
the extended documentation
package.
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Article 5
Article 5
Article 5
Super-credits
Super-credits
for 95 g CO2/km target
for 95 g CO2/km target
In calculating the average specific
In calculating the average specific
emissions of CO2, each new
emissions of CO2, each new
passenger car with specific
passenger car with specific
emissions of CO2 of less than 50 g
emissions of CO2 of less than 50 g
CO2/km shall be counted as:
CO2/km shall be counted as:
2 passenger cars in 2020,
2 passenger cars in 2020,
1,67 passenger cars in 2021,
1,67 passenger cars in 2021,
1,33 passenger cars in 2022,
1,33 passenger cars in 2022,
1 passenger car from 2023,
1 passenger car from 2023,
for the year in which it is registered
for the year in which it is registered
in the period from 2020 to 2022,
in the period from 2020 to 2022,
subject to a cap of 7,5 g CO2/km
subject to a cap of 7,5 g CO2/km
over that period for each
over that period for each
manufacturer and subject to
manufacturer […] as calculated in
Article 5 of Implementing
accordance with Article 5 of
Regulation (EU) 2017/1153.
Implementing Regulation (EU)
2017/1153.
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Article 6
Article 6
Article 6
Pooling
Pooling
1.
Manufacturers , other than
1.
Manufacturers , other than
manufacturers which have been
manufacturers which have been
granted a derogation under Article
granted a derogation under Article
10, may form a pool for the
10, may form a pool for the
purposes of meeting their
purposes of meeting their
obligations under Article 4.
obligations under Article 4.
2.
An agreement to form a pool
2.
An agreement to form a pool
may relate to one or more calendar
may relate to one or more calendar
years, provided that the overall
years, provided that the overall
duration of each agreement does
duration of each agreement does
not exceed five calendar years, and
not exceed five calendar years, and
must be entered into on or before
must be entered into on or before
31 December in the first calendar
31 December in the first calendar
year for which emissions are to be
year for which emissions are to be
pooled. Manufacturers which form
pooled. Manufacturers which form
a pool shall file the following
a pool shall file the following
information with the Commission:
information with the Commission:
(a) the manufacturers who will be
(a) the manufacturers who will be
included in the pool;
included in the pool;
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(b) the manufacturer nominated as
(b) the manufacturer nominated as
the pool manager who will be
the pool manager who will be
the contact point for the pool
the contact point for the pool
and will be responsible for
and will be responsible for
paying any excess emissions
paying any excess emissions
premium imposed on the pool
premium imposed on the pool
in accordance with Article 8;
in accordance with Article 8;
(c) evidence that the pool manager
(c) evidence that the pool manager
will be able to fulfil the
will be able to fulfil the
obligations under point (b)
obligations under point (b)
(d) the category of vehicles
(d) the category of vehicles
registered as M1 or N1, for
registered as M1 or N1, for
which the pool shall apply.
which the pool shall apply.
3.
Where the proposed pool
3.
Where the proposed pool
manager fails to meet the
manager fails to meet the
requirement to pay any excess
requirement to pay any excess
emissions premium imposed on the
emissions premium imposed on the
pool in accordance with Article 8 ,
pool in accordance with Article 8 ,
the Commission shall notify the
the Commission shall notify the
manufacturers.
manufacturers.
4.
Manufacturers included in a
4.
Manufacturers included in a
pool shall jointly inform the
pool shall jointly inform the
Commission of any change of pool
Commission of any change of pool
manager or of its financial status, in
manager or of its financial status, in
so far as this may affect its ability
so far as this may affect its ability
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to meet the requirement to pay any
to meet the requirement to pay any
excess emissions premium imposed
excess emissions premium imposed
on the pool in accordance with
on the pool in accordance with
Article 8 and of any changes to the
Article 8 and of any changes to the
membership of the pool or the
membership of the pool or the
dissolution of the pool.
dissolution of the pool.
5.
Manufacturers may enter into
5.
Manufacturers may enter into
pooling arrangements provided that
pooling arrangements provided that
their agreements comply with
their agreements comply with
Articles 101 and 102 TFEU and
Articles 101 and 102 TFEU and
that they allow open, transparent
that they allow open, transparent
and non-discriminatory
and non-discriminatory
participation on commercially
participation on commercially
reasonable terms by any
reasonable terms by any
manufacturer requesting
manufacturer requesting
membership of the pool. Without
membership of the pool. Without
prejudice to the general
prejudice to the general
applicability of Union competition
applicability of Union competition
rules to such pools, all members of
rules to such pools, all members of
a pool shall in particular ensure that
a pool shall in particular ensure that
neither data sharing nor information
neither data sharing nor information
exchange may occur in the context
exchange may occur in the context
of their pooling arrangement,
of their pooling arrangement,
except in respect of the following
except in respect of the following
information:
information:
(a) the average specific emissions
(a) the average specific emissions
of CO2;
of CO2;
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(b) the specific emissions target;
(b) the specific emissions target;
(c) the total number of vehicles
(c) the total number of vehicles
registered.
registered.
6.
Paragraph 5 shall not apply
6.
Paragraph 5 shall not apply
where all the manufacturers
where all the manufacturers
included in the pool are part of the
included in the pool are part of the
same group of connected
same group of connected
manufacturers.
manufacturers.
7.
Except where notification is
7.
Except where notification is
given under paragraph 3, the
given under paragraph 3, the
manufacturers in a pool in respect
manufacturers in a pool in respect
of which information is filed with
of which information is filed with
the Commission shall be considered
the Commission shall be considered
as one manufacturer for the
as one manufacturer for the
purposes of meeting their
purposes of meeting their
obligations under Article 4.
obligations under Article 4.
Monitoring and reporting
Monitoring and reporting
information in respect of individual
information in respect of individual
manufacturers as well as any pools
manufacturers as well as any pools
will be recorded, reported and made
will be recorded, reported and made
available in the central register
available in the central register
referred to in Article 7(4).
referred to in Article 7(4).
8.
The Commission may specify
8.
The Commission may specify
the detailed conditions that shall
the detailed conditions that shall
apply for a pooling arrangement set
apply for a pooling arrangement set
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up pursuant to paragraph 5 by way
up pursuant to paragraph 5 by way
of implementing acts to be adopted
of implementing acts to be adopted
in accordance with the examination
in accordance with the examination
procedure referred to in
procedure referred to in
Article 15(2).
Article 15(2).
Amendment 36
Article 7, paragraph 1
Article 7
Article 7
Article 7
Council:
Monitoring and reporting of
Monitoring and reporting of
Monitoring and reporting of
average emissions
average emissions
average emissions
Maintain Council position
1.
For each calendar year, each
1.
For each calendar year, each
1.
For each calendar year, each
(Recast issue)
Member State shall record
Member State shall record
Member State shall record
information for each new passenger information for each new passenger information for each new passenger
car and each new light commercial car and each new light commercial car and each new light commercial
vehicle registered in its territory in vehicle registered in its territory in vehicle registered in its territory in
accordance with Parts A of
accordance with Parts A of
accordance with Parts A of
Annexes II and III. This
Annexes II and III. This
Annexes II and III. This
information shall be made available information shall be made available information shall be made available
to the manufacturers and their
to the manufacturers and their
to the manufacturers and their
designated importers or
designated importers or
designated importers or
representatives in each Member
representatives in each Member
representatives in each Member
State. Member States shall make
State. Member States shall
[…]
State. Member States shall make
every effort to ensure that reporting ensure that reporting bodies operate every effort to ensure that reporting
bodies operate in a transparent
in a transparent manner. Each
bodies operate in a transparent
manner. Each Member State shall
Member State shall ensure that the manner. Each Member State shall
ensure that the specific emissions of specific emissions of CO2 of
ensure that the specific emissions of
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CO2 of passenger cars which are
passenger cars which are not type-
CO2 of passenger cars which are
not type-approved in accordance
approved in accordance with
not type-approved in accordance
with Regulation (EC) No 715/2007 Regulation (EC) No 715/2007 are
with Regulation (EC) No 715/2007
are measured and recorded in the
measured and recorded in the
are measured and recorded in the
certificate of conformity.
certificate of conformity.
certificate of conformity.
2.
By 28 February of each year,
2.
By 28 February of each year,
each Member State shall determine
each Member State shall determine
and transmit to the Commission the
and transmit to the Commission the
information listed in Parts A of
information listed in Parts A of
Annexes II and III in respect of the
Annexes II and III in respect of the
preceding calendar year. The data
preceding calendar year. The data
shall be transmitted in accordance
shall be transmitted in accordance
with the format specified in Part B
with the format specified in Part B
of Annex II and Part C of
of Annex II and Part C of
Annex III.
Annex III.
3.
On request from the
3.
On request from the
Commission, a Member State shall
Commission, a Member State shall
also transmit the full set of data
also transmit the full set of data
collected pursuant to paragraph 1.
collected pursuant to paragraph 1.
4.
The Commission shall keep a
4.
The Commission shall keep a
central register of the data reported
central register of the data reported
by Member States under this
by Member States under this
Article and by 30 June of each year
Article and by 30 June of each year
shall provisionally calculate the
shall provisionally calculate the
following for each manufacturer:
following for each manufacturer:
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(a) the average specific emissions
(a) the average specific emissions
of CO2 in the preceding
of CO2 in the preceding
calendar year;
calendar year;
(b) the specific emissions target in
(b) the specific emissions target in
the preceding calendar year;
the preceding calendar year;
(c) the difference between its
(c) the difference between its
average specific emissions of
average specific emissions of
CO2 in the preceding calendar
CO2 in the preceding calendar
year and its specific emissions
year and its specific emissions
target for that year.
target for that year.
The Commission shall notify each
The Commission shall notify each
manufacturer of its provisional
manufacturer of its provisional
calculation for that manufacturer.
calculation for that manufacturer.
The notification shall include data
The notification shall include data
for each Member State on the
for each Member State on the
number of new passenger cars and
number of new passenger cars and
of new light commercial vehicles
of new light commercial vehicles
registered and their specific
registered and their specific
emissions of CO2.
emissions of CO2.
Amendment 37
Article 7, paragraph 4, subparagraph 3
The register shall be publicly
The register shall be publicly
The register shall be publicly
Council:
available.
available
, including in digital
available.
format.
Maintain Council position
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(Recast issue and EEA register is
already in digital format)
Amendment 38
Article 7, paragraph 5, subparagraph 1
5.
Manufacturers may, within
5.
Manufacturers
shall, within
5.
Manufacturers may, within
Council:
three months of being notified of
three months of being notified of
three months of being notified of
the provisional calculation under
the provisional calculation under
the provisional calculation under
Maintain Council position
paragraph 4, notify the Commission paragraph 4, notify the Commission paragraph 4, notify the Commission
of any errors in the data, specifying of any errors in the data, specifying of any errors in the data, specifying (Recast issue)
the Member State in which it
the Member State in which it
the Member State in which it
considers that the error occurred.
considers that the error occurred.
considers that the error occurred.
The Commission shall consider any
The Commission shall consider any
notifications from manufacturers
notifications from manufacturers
and shall, by 31 October, either
and shall, by 31 October, either
confirm or amend the provisional
confirm or amend the provisional
calculations under paragraph 4.
calculations under paragraph 4.
6.
Member States shall
6.
Member States shall
designate a competent authority for
designate a competent authority for
the collection and communication
the collection and communication
of the monitoring data in
of the monitoring data in
accordance with this Regulation
accordance with this Regulation
and shall inform the Commission of
and shall inform the Commission of
the competent authority designated.
the competent authority designated.
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The competent authorities shall
The competent authorities shall
ensure the correctness and
ensure the correctness and
completeness of the data
completeness of the data
transmitted to the Commission, and
transmitted to the Commission, and
shall appoint a contact person that
shall […] provide a contact point
shall be available to respond
that shall be available to respond
quickly to requests from the
quickly to requests from the
Commission to address errors and
Commission to address errors and
omissions in the transmitted
omissions in the transmitted
datasets.
datasets.
7.
The Commission shall adopt
7.
The Commission shall adopt
detailed rules on the procedures for
detailed rules on the procedures for
monitoring and reporting of data
monitoring and reporting of data
under paragraphs 1 to 7 and on the
under paragraphs 1 to 7 and on the
application of Annex II by means of
application of Annex II by means of
implementing acts. Those
implementing acts. Those
implementing acts shall be adopted
implementing acts shall be adopted
in accordance with the examination
in accordance with the examination
procedure referred to in
procedure referred to in
Article 15(2).
Article 15(2).
The Commission shall be
7a. The Commission shall be
empowered to adopt delegated acts
empowered to adopt delegated acts
in accordance with Article 16 in
in accordance with Article 16 in
order to amend the data
order to amend the data
requirements and data parameters
requirements and data parameters
set out in Annex II and III.
set out in Annex II and III.
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8.
Type approval authorities
8.
Type approval authorities
shall without delay report to the
shall without delay report to the
Commission deviations found in the
Commission deviations found in the
CO2 emissions of vehicles in
CO2 emissions of vehicles in
service as compared to those values
service as compared to those values
indicated in the certificates of
indicated in the certificates of
conformity as a result of
conformity as a result of
verifications performed in
verifications performed in
accordance with the procedure
accordance with the procedure
referred to in [Article 11a] of
referred to in [Article 11a] of
Regulation (EC) No 715/2007.
Regulation (EC) No 715/2007.
The Commission shall take those
The Commission shall take those
deviations into account for the
deviations into account for the
purpose of calculating the average
purpose of calculating the average
specific emissions of a
specific emissions of a
manufacturer.
manufacturer.
Amendment 39
Article 7, paragraph 8, subparagraph 3
The Commission may adopt
The Commission
shall adopt
The Commission […] shall
adopt
Agreed – identical text
detailed rules on the procedures for detailed rules on the procedures for detailed rules on the procedures for
reporting such deviations and for
reporting such deviations and for
reporting such deviations and for
taking them into account in the
taking them into account in the
taking them into account in the
calculation of the average specific
calculation of the average specific
calculation of the average specific
emissions. Those procedures shall
emissions. Those procedures shall
emissions. Those procedures shall
be adopted by way of implementing be adopted by way of implementing be adopted by way of implementing
acts in accordance with the
acts in accordance with the
acts in accordance with the
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examination procedure referred to
examination procedure referred to
examination procedure referred to
in Article 15(2).
in Article 15(2).
in Article 15(2).
Amendment 40
Article 7, paragraph 8 a (new)
8a. From 1 January 2025
Council:
onwards manufacturers shall
report to the Commission, based
Amendment not acceptable
on a harmonised Union
methodology, the lifecycle CO2
See also AM 23 (recital)
emissions of all new passenger
cars and light commercial vehicles
they put on the market as from
that date. For that purpose, the
Commission shall adopt, no later
than 31 December 2022, delegated
acts in accordance with Article 16
in order to supplement this
Regulation by specifying detailed
rules on the procedures for
reporting the full lifecycle CO2
emissions of all fuel types and
vehicle powertrains registered on
the Union market.
No later than 31 December 2026,
the Commission shall submit a
report to the European Parliament
and the Council with an analysis
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of the overall life-cycle emissions
from new light duty vehicles in the
Union, including an analysis of
options for possible regulatory
measures, in order to better direct
future policy efforts in emissions
cuts in the sector. That analysis
shall be made publicly available.
9.
Member States shall also
9.
Member States shall also
collect and report data, in
collect and report data, in
accordance with this Article, on
accordance with this Article, on
registrations of vehicles in
registrations of vehicles in
categories M2 and N2 as defined in
categories M2 and N2 as defined in
Annex II to Directive 2007/46/EC
Annex II to Directive 2007/46/EC
with a reference mass not
with a reference mass not
exceeding 2 610 kg and vehicles to
exceeding 2 610 kg and vehicles to
which type approval is extended in
which type approval is extended in
accordance with Article 2(2) of
accordance with Article 2(2) of
Regulation (EC) No 715/2007.
Regulation (EC) No 715/2007.
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Article 8
Article 8
Article 8
Excess emissions premium
Excess emissions premium
1.
In respect of each calendar
1.
In respect of each calendar
year , the Commission shall impose
year , the Commission shall impose
an excess emissions premium on a
an excess emissions premium on a
manufacturer or pool manager, as
manufacturer or pool manager, as
appropriate, where a manufacturer's
appropriate, where a manufacturer's
average specific emissions of CO2
average specific emissions of CO2
exceed its specific emissions target.
exceed its specific emissions target.
2.
The excess emissions
2.
The excess emissions
premium under paragraph 1 shall be
premium under paragraph 1 shall be
calculated using the following
calculated using the following
formula:
formula:
(Excess emissions × EUR 95) ×
(Excess emissions × EUR 95) ×
number of newly registered
number of newly registered
vehicles.
vehicles.
For the purposes of this Article the
For the purposes of this Article the
following definitions shall apply:
following definitions shall apply:
– ‘excess emissions’ means the
– ‘excess emissions’ means the
positive number of grams per
positive number of grams per
kilometre by which a
kilometre by which a
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manufacturer's average specific
manufacturer's average specific
emissions of CO2, taking into
emissions of CO2, taking into
account CO2 emissions
account CO2 emissions
reductions due to innovative
reductions due to innovative
technologies approved in
technologies approved in
accordance with Article 11 ,
accordance with Article 11 ,
exceeded its specific emissions
exceeded its specific emissions
target in the calendar year or
target in the calendar year or
part thereof to which the
part thereof to which the
obligation under Article 4
obligation under Article 4
applies, rounded to the nearest
applies, rounded to the nearest
three decimal places, and
three decimal places, and
– ‘number of newly registered
– ‘number of newly registered
vehicles’ means the number of
vehicles’ means the number of
new passenger cars or new
new passenger cars or new
light commercial vehicles
light commercial vehicles
counted separately of which it
counted separately of which it
is the manufacturer and which
is the manufacturer and which
were registered in that period
were registered in that period
according to the phase-in
according to the phase-in
criteria as set out in
criteria as set out in
Article 4(3).
Article 4(3).
3.
The Commission shall
3.
The Commission shall
determine the means for collecting
determine the means for collecting
excess emissions premiums under
excess emissions premiums under
paragraph 1 by means of
paragraph 1 by means of
implementing acts. Those
implementing acts. Those
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implementing acts shall be adopted
implementing acts shall be adopted
in accordance with the examination
in accordance with the examination
procedure referred to in
procedure referred to in
Article 15(2).
Article 15(2).
Amendment 41
Article 8, paragraph 4
4.
The amounts of the excess
4.
The amounts of the excess
4.
The amounts of the excess
Council:
emissions premium shall be
emissions premium shall be
emissions premium shall be
considered as revenue for the
considered as revenue for the
considered as revenue for the
Amendments 21 and 41 on
general budget of the Union.
general budget of the Union.
Those general budget of the Union.
earmarking not acceptable. To be
amounts shall be used to
discussed further
complement Union and national
measures, in close cooperation
See Commission suggestion under
with social partners, to promote
Amendment 3 and Council text for
skill formation and reallocation of
Art 14 (1a)
workers in the automotive sector in
all affected Member States, in
particular in the regions and the
communities most affected by the
transition, in order to contribute to
a just transition towards zero-
emission mobility.
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Article 9
Article 9
Article 9
Publication of performance of
Publication of performance of
manufacturers
manufacturers
1.
By 31 October of each year,
1.
By 31 October of each year,
the Commission shall publish by
the Commission shall publish by
means of implementing acts a list
means of implementing acts a list
indicating:
indicating:
(a) for each manufacturer, its
(a) for each manufacturer, its
specific emissions target for the
specific emissions target for the
preceding calendar year;
preceding calendar year;
(b) for each manufacturer, its
(b) for each manufacturer, its
average specific emissions of
average specific emissions of
CO2 in the preceding calendar
CO2 in the preceding calendar
year;
year;
(c) the difference between the
(c) the difference between the
manufacturer's average specific
manufacturer's average specific
emissions of CO2 in the
emissions of CO2 in the
preceding calendar year and its
preceding calendar year and its
specific emissions target in that
specific emissions target in that
year;
year;
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(d) the average specific emissions
(d) the average specific emissions
of CO2 for all new passenger
of CO2 for all new passenger
cars and new light commercial
cars and new light commercial
vehicles registered in the Union
vehicles registered in the Union
in the previous calendar year;
in the previous calendar year;
(e) the average mass in running
(e) the average mass in running
order for all new passenger
order for all new passenger
cars and new light commercial
cars and new light commercial
vehicles registered in the Union
vehicles registered in the Union
in the preceding calendar year
in the preceding calendar year
until 31 December 2020;
until 31 December 2020;
(f) the average test mass of all new
(f) the average test mass of all new
passenger cars and new light
passenger cars and new light
commercial vehicles registered
commercial vehicles registered
in the Union in the preceding
in the Union in the preceding
calendar year.
calendar year.
2.
The list published under
2.
The list published under
paragraph 1 shall also indicate
paragraph 1 shall also indicate
whether the manufacturer has
whether the manufacturer has
complied with the requirements of
complied with the requirements of
Article 4 with respect to the
Article 4 with respect to the
preceding calendar year.
preceding calendar year.
3.
The list referred to in
3.
The list referred to in
paragraph 1 shall, for the
paragraph 1 shall, for the
publication by 31 October 2022,
publication by 31 October 2022,
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indicate the following:
indicate the following:
(a) the 2025 and 2030 EU fleet-
(a) the 2025 and 2030 EU fleet-
wide targets referred to in
wide targets referred to in
Article 1(4) and (5) calculated
Article 1(4) and (5) calculated
by the Commission in
by the Commission in
accordance with points 6.1.1
accordance with points 6.1.1
and 6.1.2 of Parts A and B of
and 6.1.2 of Parts A and B of
Annex I;
Annex I;
(b) the values for a2021, a2025 and
(b) the values for a2021, a2025 and
a2030 calculated by the
a2030 calculated by the
Commission in accordance
Commission in accordance
with point 6.2 of Parts A and B
with point 6.2 of Parts A and B
of Annex I.
of Annex I.
Article 10
Article 10
Article 10
Derogations for certain
Derogations for certain
manufacturers
manufacturers
1.
An application for a
1.
An application for a
derogation from the specific
derogation from the specific
emissions target calculated in
emissions target calculated in
accordance with Annex I may be
accordance with Annex I may be
made by a manufacturer of fewer
made by a manufacturer of fewer
than 10 000 new passenger cars or
than 10 000 new passenger cars or
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22 000 new light commercial
22 000 new light commercial
vehicles registered in the Union per
vehicles registered in the Union per
calendar year, and which:
calendar year, and which:
(a) is not part of a group of
(a) is not part of a group of
connected manufacturers; or
connected manufacturers; or
(b) is part of a group of connected
(b) is part of a group of connected
manufacturers that is
manufacturers that is
responsible in total for fewer
responsible in total for fewer
than 10 000 new passenger cars
than 10 000 new passenger cars
or 22 000 new light
or 22 000 new light
commercial vehicles registered
commercial vehicles registered
in the Union per calendar year;
in the Union per calendar year;
or
or
(c) is part of a group of connected
(c) is part of a group of connected
manufacturers but operates its
manufacturers but operates its
own production facilities and
own production facilities and
design centre.
design centre.
2.
A derogation applied for
2.
A derogation applied for
under paragraph 1 may be granted
under paragraph 1 may be granted
for a maximum period of five
for a maximum period of
calendar years renewable. An
five calendar years, which is
application shall be made to the
renewable. An application shall be
Commission and shall include:
made to the Commission and shall
include:
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(a) the name of, and contact person
(a) the name of, and contact person
for, the manufacturer;
for, the manufacturer;
(b) evidence that the manufacturer
(b) evidence that the manufacturer
is eligible for a derogation
is eligible for a derogation
under paragraph 1;
under paragraph 1;
(c) details of the passenger cars or
(c) details of the passenger cars or
light commercial vehicles
light commercial vehicles
which it manufactures
which it manufactures
including the test mass and
including the test mass and
specific emissions of CO2 of
specific emissions of CO2 of
those passenger cars or light
those passenger cars or light
commercial vehicles; and
commercial vehicles; and
(d) a specific emissions target
(d) a specific emissions target
consistent with its reduction
consistent with its reduction
potential, including the
potential, including the
economic and technological
economic and technological
potential to reduce its specific
potential to reduce its specific
emissions of CO2 and taking
emissions of CO2 and taking
into account the characteristics
into account the characteristics
of the market for the type of
of the market for the type of
passenger car or light
passenger car or light
commercial vehicle
commercial vehicle
manufactured.
manufactured.
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Amendment 42
Article 10, paragraph 3
3.
Where the Commission
3.
Where the Commission
3.
Where the Commission
Agreed – identical texts
considers that the manufacturer is
considers that the manufacturer is
considers that the manufacturer is
eligible for a derogation applied for eligible for a derogation applied for eligible for a derogation applied for
under paragraph 1 and is satisfied
under paragraph 1 and is satisfied
under paragraph 1 and is satisfied
that the specific emissions target
that the specific emissions target
that the specific emissions target
proposed by the manufacturer is
proposed by the manufacturer is
proposed by the manufacturer is
consistent with its reduction
consistent with its reduction
consistent with its reduction
potential, including the economic
potential, including the economic
potential, including the economic
and technological potential to
and technological potential to
and technological potential to
reduce its specific emissions of
reduce its specific emissions of
reduce its specific emissions of
CO2, and taking into account the
CO2, and taking into account the
CO2, and taking into account the
characteristics of the market for the characteristics of the market for the characteristics of the market for the
type of light commercial vehicle
type of
passenger car or light
type of passenger car or light
manufactured, the Commission
commercial vehicle manufactured, commercial vehicle manufactured,
shall grant a derogation to the
the Commission shall grant a
the Commission shall grant a
manufacturer. The application shall derogation to the manufacturer. The derogation to the manufacturer.
be submitted at the latest by
application shall be submitted at the The application shall be submitted
31 October of the first year in
latest by 31 October of the first year at the latest by 31 October of the
which the derogation shall apply.
in which the derogation shall apply. first year in which the derogation
shall apply.
4.
An application for a
4.
An application for a
derogation from the specific
derogation from the specific
emissions target calculated in
emissions target calculated in
accordance with points 1 to 4 of
accordance with points 1 to 4 and
Part A of Annex I may be made by
point 6.3 of Part A of Annex I may
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a manufacturer which is
be made by a manufacturer which is
responsible, together with all of its
responsible, together with all of its
connected undertakings, for
connected undertakings, for
between 10 000 and 300 000 new
between 10 000 and 300 000 new
passenger cars registered in the
passenger cars registered in the
Union per calendar year.
Union per calendar year.
Such application may be made by a
Such application may be made by a
manufacturer in respect of itself or
manufacturer in respect of itself or
in respect of itself together with any
in respect of itself together with any
of its connected undertakings. An
of its connected undertakings. An
application shall be made to the
application shall be made to the
Commission and shall include:
Commission and shall include:
(a) all of the information referred
(a) all of the information referred
to in paragraphs 2(a) and (c)
to in paragraphs 2(a) and (c)
including, where relevant,
including, where relevant,
information about any
information about any
connected undertakings;
connected undertakings;
(b) a target which is a 45 %
(b) in relation to applications
reduction on the average
referring to points 1 to 4 of Part
specific emissions of CO2 in
A of Annex I,
a target which is
2007 or, where a single
a 45 % reduction on the
application is made in respect
average specific emissions of
of a number of connected
CO2 in 2007 or, where a single
undertakings, a 45 % reduction
application is made in respect
on the average of those
of a number of connected
undertakings’ average specific
undertakings, a 45 % reduction
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emissions of CO2 in 2007.
on the average of those
undertakings’ average specific
emissions of CO2 in 2007;
Article 10, paragraph 4 c (new)
(c) in relation to applications
referring to point 6.3 of Part A
of Annex I the following
details:
(i) a target applicable in the
calendar years 2025 to
2029 which is the
reduction specified in
Article 1(4)(a) on the target
calculated in accordance
with point (b) of this
paragraph taking into
account the CO2 emissions
measured pursuant to
Regulation (EU)
2017/1151;
(ii) a target applicable in the
calendar year 2030 which
is the reduction specified in
Article 1(5)(a) on the target
calculated in accordance
with point (b) of this
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Council Position
Comments/Suggestions
Plenary vote 3/10/2018
General approach 9/10/2018
paragraph taking into
account the CO2 emissions
measured pursuant to
Regulation (EU)
2017/1151.
Where information on a
Where information on a
manufacturer's average specific
manufacturer's average specific
emissions of CO2 does not exist for
emissions of CO2 does not exist for
the year 2007, the Commission
the year 2007, the Commission
shall determine an equivalent
shall determine an equivalent
reduction target based upon the best
reduction target based upon the best
available CO2 emissions reduction
available CO2 emissions reduction
technologies deployed in passenger
technologies deployed in passenger
cars of comparable mass and taking
cars of comparable mass and taking
into account the characteristics of
into account the characteristics of
the market for the type of car
the market for the type of car
manufactured. This target shall be
manufactured. This target shall be
used by the applicant for the
used by the applicant for the
purposes of point (b).
purposes of point (b).
The Commission shall grant a
The Commission shall grant a
derogation to the manufacturer
derogation to the manufacturer
where it is demonstrated that the
where it is demonstrated that the
criteria for the derogation referred
criteria for the derogation referred
to in this paragraph have been met.
to in this paragraph have been met.
5.
A manufacturer which is
5.
A manufacturer which is
subject to a derogation in
subject to a derogation in
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accordance with this Article shall
accordance with this Article shall
notify the Commission immediately
notify the Commission immediately
of any change which affects or may
of any change which affects or may
affect its eligibility for a derogation.
affect its eligibility for a derogation.
6.
Where the Commission
6.
Where the Commission
considers, whether on the basis of a
considers, whether on the basis of a
notification under paragraph 5 or
notification under paragraph 5 or
otherwise, that a manufacturer is no
otherwise, that a manufacturer is no
longer eligible for the derogation, it
longer eligible for the derogation, it
shall revoke the derogation with
shall revoke the derogation with
effect from 1 January of the next
effect from 1 January of the next
calendar year and shall notify the
calendar year and shall notify the
manufacturer thereof.
manufacturer thereof.
7.
Where the manufacturer does
7.
Where the manufacturer does
not attain its specific emissions
not attain its specific emissions
target, the Commission shall
target, the Commission shall
impose the excess emissions
impose the excess emissions
premium on the manufacturer, as
premium on the manufacturer, as
set out in Article 8.
set out in Article 8.
8.
The Commission shall be
8.
The Commission shall be
empowered to adopt delegated acts
empowered to adopt delegated acts
in accordance with Article 16
in accordance with Article 16
laying down rules to supplement
laying down rules to supplement
paragraphs 1 to 7 of this Article, as
paragraphs 1 to 7 of this Article, as
regards the interpretation of the
regards the interpretation of the
eligibility criteria for derogations,
eligibility criteria for derogations,
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Plenary vote 3/10/2018
General approach 9/10/2018
the content of the applications, and
the content of the applications, and
the content and assessment of
the content and assessment of
programmes for the reduction of
programmes for the reduction of
specific emissions of CO2.
specific emissions of CO2.
The Commission shall also be
empowered to adopt delegated acts
in accordance with Article 16 to
amend Part A of Annex I for the
purpose of setting out the
calculation formulae of the
derogation targets referred to in
paragraph 4(c).
9.
Applications for a derogation,
9.
Applications for a derogation,
including the information
including the information
supporting it, notifications under
supporting it, notifications under
paragraph 5, revocations under
paragraph 5, revocations under
paragraph 6 and any imposition of
paragraph 6 and any imposition of
an excess emissions premium under
an excess emissions premium under
paragraph 7 and measures adopted
paragraph 7 and measures adopted
pursuant to paragraph 8, shall be
pursuant to paragraph 8, shall be
made publicly available, subject to
made publicly available, subject to
Regulation (EC) No 1049/2001 of
Regulation (EC) No 1049/2001 of
the European Parliament and of the
the European Parliament and of the
Council
15.
Council
15.
________
________
15
Regulation (EC)
15
Regulation (EC)
No 1049/2001 of the European
No 1049/2001 of the European
Parliament and of the Council of
Parliament and of the Council of
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30 May 2001 regarding public
30 May 2001 regarding public
access to European Parliament,
access to European Parliament,
Council and Commission
Council and Commission
documents (OJ L 145, 31.5.2001,
documents (OJ L 145, 31.5.2001,
p. 43).
p. 43).
Article 11
Article 11
Article 11
Eco-innovation
Eco-innovation
1.
Upon application by a
1.
Upon application by a
supplier or a manufacturer, CO2
supplier or a manufacturer, CO2
savings achieved through the use of
savings achieved through the use of
innovative technologies or a
innovative technologies or a
combination of innovative
combination of innovative
technologies (‘innovative
technologies (‘innovative
technology packages’) shall be
technology packages’) shall be
considered.
considered.
Amendment 43
Article 11, paragraph 1, subparagraph 2
Such technologies shall be taken
Such technologies shall be taken
Such technologies shall be taken
Council:
into consideration only if the
into consideration only if the
into consideration only if the
methodology used to assess them is methodology used to assess them is methodology used to assess them is Maintain Council position
capable of producing verifiable,
capable of producing verifiable,
capable of producing verifiable,
repeatable and comparable results.
repeatable and comparable results
,
repeatable and comparable results.
See also AMs 44, 45, 46 and 17
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and only until the WLTP-
measured value is not
complemented or replaced by other
data that are more representative
of real-world emissions.
Amendment 44
Article 11, paragraph 1, subparagraph 3 a (new)
3a. Within 12 months of the
Council:
approval of an innovative
technology or innovative
Amendments 22, 44, 47, 48, 49, 50,
technology package, the supplier
51 and 54 related to RDE not
or the manufacturer of such
acceptable. To be discussed further
approved innovative technology or
package shall provide evidence
based on results from real-driving
emission tests on production
vehicles to validate the
contribution of such technology or
package.
The total contribution of those
The total contribution of those
technologies to reducing the
technologies to reducing the
average specific emissions of a
average specific emissions of a
manufacturer may be up to 7 g
manufacturer may be up to 7 g
CO2/km.
CO2/km.
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Plenary vote 3/10/2018
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Amendment 45
Article 11, paragraph 1, subparagraph 4
The Commission may adjust the
The Commission may adjust the
The Commission may adjust the
Council:
cap with effect from 2025 onwards. cap
downwards with effect from
cap with effect from 2025 onwards
Those adjustments shall be
2025 onwards. Those adjustments
to take into account technological
Maintain Council position
performed by means of delegated
shall be performed by means of
developments. Those adjustments
acts in accordance with Article 16. delegated acts in accordance with
shall be performed by means of
See also AMs 43, 44, 46 and 17
Article 16.
delegated acts in accordance with
Article 16.
2.
The Commission shall adopt,
2.
The Commission shall adopt,
by means of implementing acts,
by means of implementing acts,
detailed provisions for a procedure
detailed provisions for a procedure
to approve the innovative
to approve the innovative
technologies or innovative
technologies or innovative
technology packages referred to in
technology packages referred to in
paragraph 1. Those implementing
paragraph 1. Those implementing
acts shall be adopted in accordance
acts shall be adopted in accordance
with the examination procedure
with the examination procedure
referred to in Article 15(2) of this
referred to in Article 15(2) of this
Regulation. Those detailed
Regulation. Those detailed
provisions shall be based on the
provisions shall be based on the
following criteria for innovative
following criteria for innovative
technologies:
technologies:
(a) the supplier or manufacturer
(a) the supplier or manufacturer
must be accountable for the
must be accountable for the
CO2 savings achieved through
CO2 savings achieved through
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the use of the innovative
the use of the innovative
technologies;
technologies;
(b) the innovative technologies
(b) the innovative technologies
must make a verified
must make a verified
contribution to CO2 reduction;
contribution to CO2 reduction;
(c) the innovative technologies
(c) the innovative technologies
must not be covered by the
must not be covered by the
standard test cycle CO2
standard test cycle CO2
measurement;
measurement;
Amendment 46
Article 11, paragraph 2, point d
(d) the innovative technologies
(d) the innovative technologies
(d) the innovative technologies
Council:
must not be covered by
must not be covered by
must not be covered by
mandatory provisions due to
mandatory provisions due to
mandatory provisions due to
Maintain Council position
complementary additional
complementary additional
complementary additional
measures complying with the
measures complying with the
measures complying with the
(Heating is already covered)
10 g CO2/km reduction referred
10 g CO2/km reduction referred
10 g CO2/km reduction referred
to in Article 1 or be mandatory
to in Article 1 or be mandatory
to in Article 1 or be mandatory
See also AMs 43, 44, 45 and 17
under other provisions of
under other provisions of
under other provisions of
Union law. With effect from
Union law. With effect from
Union law. With effect from
1 January 2025, this criterion
1 January 2025, this criterion
1 January 2025, this criterion
shall not apply with regard to
shall not apply with regard to
shall not apply with regard to
efficiency improvements for air
efficiency improvements for air
efficiency improvements for air
conditioning systems.
conditioning
and heating
conditioning systems.
systems.
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3.
A supplier or a manufacturer
3.
A supplier or a manufacturer
who applies for a measure to be
who applies for a measure to be
approved as an innovative
approved as an innovative
technology or innovative
technology or innovative
technology package shall submit a
technology package shall submit a
report, including a verification
report, including a verification
report undertaken by an
report undertaken by an
independent and certified body, to
independent and certified body, to
the Commission. In the event of a
the Commission. In the event of a
possible interaction of the measure
possible interaction of the measure
with another innovative technology
with another innovative technology
or innovative technology package
or innovative technology package
already approved, the report shall
already approved, the report shall
mention that interaction and the
mention that interaction and the
verification report shall evaluate to
verification report shall evaluate to
what extent that interaction
what extent that interaction
modifies the reduction achieved by
modifies the reduction achieved by
each measure.
each measure.
4.
The Commission shall attest
4.
The Commission shall attest
the reduction achieved on the basis
the reduction achieved on the basis
of the criteria set out in
of the criteria set out in
paragraph 2.
paragraph 2.
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Amendment 47
Article 12, paragraph 1
Article 12
Article 12
Article 12
Council:
Real world CO2 emissions and
Real world CO2 emissions and
Real world CO2 emissions and
energy consumption
energy consumption
energy consumption
Amendments 22, 44, 47, 48, 49, 50,
51 and 54 related to RDE not
1.
The Commission shall
1.
The Commission shall
1.
The Commission shall
acceptable. To be discussed further
monitor and assess the real world
monitor and assess the real world
monitor and assess the real world
representativeness of the CO2
representativeness of the CO2
representativeness of the CO2
emission and energy consumption
emission and energy consumption
emission and energy consumption
values determined in accordance
values determined in accordance
values determined
[…] pursuant to
with Regulation (EU) 2017/1151.
with Regulation (EU) 2017/1151.
Regulation (EC) No 715/2007. It
It shall ensure that the public is
[…]
shall ensure that the public is
informed of how that
informed of how that
representativeness evolves over
representativeness evolves over
time.
time.
Amendment 48
Article 12, paragraph 1 a (new)
1a. In order to ensure the
Council:
representativeness referred to in
paragraph 1, compliance with this
Amendments 22, 44, 47, 48, 49, 50,
Regulation shall be measured,
51 and 54 related to RDE not
from 1 January 2023, by means of
acceptable. To be discussed further
a real-world CO2 emissions test.
The Commission shall adopt
delegated acts in accordance with
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Article 16, at the latest two years
after the date of application of this
Regulation, in order to supplement
this Regulation by developing the
real-world CO2 emissions test
using PEMS.
Amendment 49
Article 12, paragraph 1 b (new)
1b. Until the real-world CO2
Council:
emissions test becomes applicable,
compliance with this Regulation
Amendments 22, 44, 47, 48, 49, 50,
shall be measured on the basis of
51 and 54 related to RDE not
data from fuel consumption meters
acceptable. To be discussed further
and subject to a limit set for each
manufacturer in 2021 as a
percentage difference, that is not
to be exceeded, between that data
and the manufacturer’s specific
CO2 emissions that is measured for
the purpose of type approval
certification procedures initiated
from 2021 onwards in accordance
with Regulation (EC)
No 715/2007.
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Amendment 50
Article 12, paragraph 1 c (new)
1c. Where a manufacturer’s
Council:
specific CO2 emissions exceed the
Amendments 22, 44, 47, 48, 49, 50,
limit set in paragraph 1b, the
51 and 54 related to RDE not
specific CO2 emission target for
acceptable. To be discussed further
that manufacturer, which is used
for the purpose of compliance with
this Regulation, shall be adjusted
by the exceedance identified.
Article 12, paragraph 2
2.
For that purpose, the
2.
For that purpose, the
Commission shall ensure the
Commission shall ensure […] that
availability, from manufacturers or
the following parameters relating to
national authorities, as the case may
real world CO2 emissions and
be, of robust non-personal data on
energy consumption of passenger
real world CO2 emissions and
cars and light commercial vehicles
energy consumption of passenger
are made available at regular
cars and light commercial vehicles.
intervals to the Commission,
starting from 1 January 2021, from
manufacturers, national authorities
or through direct data transfer from
vehicles, as the case may be:
(a) vehicle identification number;
(b) fuel and/or electric energy
consumed;
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(c) total distance travelled;
(d) for externally chargeable
hybrid electric vehicles, the
fuel and electric energy
consumed and the distance
travelled distributed over the
different driving modes.
The Commission shall process the
data received to create an
anonymised and aggregated dataset
for the purposes of paragraph 1.
The vehicle identification numbers
shall be used only for the purpose
of the data processing and shall not
be retained longer than needed for
that purpose.
Amendment 51
Article 12, paragraph 2 a (new)
2a. The Commission shall
Council:
ensure that the public is informed
of how the real world
Amendments 22, 44, 47, 48, 49, 50,
representativeness referred to in
51 and 54 related to RDE not
paragraph 1 evolves over time.
acceptable. To be discussed further
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Amendment 52
Article 12, paragraph 2 b (new)
2b. Where appropriate accuracy
Council:
standards for on-board fuel
consumption measurement
See under Amendment 22
equipment are not available, the
Commission shall mandate work to
agree the technical standards and
introduce them into Union law no
later than 1 January 2020.
Amendment 53
Article 12, paragraph 3
3.
The Commission may adopt
3. The Commission
shall, by means 3.
The Commission […] shall
Council:
the measures referred to in this
of implementing acts, adopt
adopt the […] detailed procedure
Article by means of implementing
detailed rules on the procedures
for collecting and processing the
Amendment similar to Council text
acts in accordance with the
for reporting data from fuel
data referred to in […] paragraph 2 but preference for Council text
examination procedure referred to
consumption meters. Those
by means of implementing acts in
in Article 15(2).
implementing acts
shall be adopted accordance with the examination
in accordance with the examination procedure referred to in
procedure referred to in
Article 15(2).
Article 15(2).
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Article 13
Article 13
Article 13
Adjustment of M0 and TM0
Adjustment of M0 and TM0
1.
The figures M0 and TM0
1.
The figures M0 and TM0
referred to in Parts A and B of
referred to in Parts A and B of
Annex I shall be adjusted as
Annex I shall be adjusted as
follows:
follows:
(a) by 31 October 2020, the figure
(a) by 31 October 2020, the figure
M0 in points 1 to 5 of Part A of
M0 in points 1 to 5 of Part A of
Annex I shall be adjusted to the
Annex I shall be adjusted to the
average mass in running order
average mass in running order
of new passenger cars in the
of new passenger cars in the
previous three calendar years
previous three calendar years
2017, 2018, and 2019. That
2017, 2018, and 2019. That
new M0 value shall apply from
new M0 value shall apply from
1 January 2022 until
1 January 2022 until
31 December 2024;
31 December 2024;
(b) by 31 October 2022, the figure
(b) by 31 October 2022, the figure
M0 in points 1 to 5 of Part B of
M0 in points 1 to 5 of Part B of
Annex I shall be adjusted to the
Annex I shall be adjusted to the
average mass in running order
average mass in running order
of new light commercial
of new light commercial
vehicles in the previous three
vehicles in the previous three
calendar years 2019, 2020 and
calendar years 2019, 2020 and
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2021. That new M0 shall apply
2021. That new M0 shall apply
in 2024;
in 2024;
(c) by 31 October 2022, the
(c) by 31 October 2022, the
indicative TM0 for 2025 shall
indicative TM0 for 2025 shall
be determined as the respective
be determined as the respective
average test mass of new
average test mass of new
passenger cars and new light
passenger cars and new light
commercial vehicles in 2021;
commercial vehicles in 2021;
(d) by 31 October 2024, and every
(d) by 31 October 2024, and every
second year thereafter, the
second year thereafter, the
figures TM0 in Parts A and B
figures TM0 in Parts A and B
of Annex I shall be adjusted to
of Annex I shall be adjusted to
the respective average test
the respective average test
mass of new passenger cars
mass of new passenger cars
and new light commercial
and new light commercial
vehicles in the preceding two
vehicles in the preceding two
calendar years starting with
calendar years starting with
2022 and 2023. The new
2022 and 2023. The new
respective TM0 shall apply
respective TM0 shall apply
from 1 January of the calendar
from 1 January of the calendar
year following the date of the
year following the date of the
adjustment.
adjustment.
2.
The Commission shall, by
2.
The Commission shall, by
means of delegated acts, adopt the
means of delegated acts, adopt the
measures referred to in paragraph 1
measures referred to in paragraph 1
in accordance with Article 16.
in accordance with Article 16.
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Plenary vote 3/10/2018
General approach 9/10/2018
Amendment 82
Article 14, paragraph 1
Article 14
Article 14
Article 14
Council:
Review and report
Review and report
Review and report
Maintain Council position
1.
The Commission shall in
1.
The Commission shall in
1.
The Commission shall in
2024 submit a report to the
2023 submit a report to the
2023 thoroughly review […] the
European Parliament and the
European Parliament and the
effectiveness of this Regulation
Council on the effectiveness of this Council on the effectiveness of this […], including the functioning of
Regulation, where appropriate,
Regulation, where appropriate,
the incentive mechanism for zero-
accompanied by a proposal for
accompanied by a proposal for
and low-emission vehicles and
amending the Regulation. This
amending
this Regulation
. That
other aspects of this Regulation and
report will consider, inter alia, the
report
shall consider, inter alia, the […] submit a report to the
real world representativeness of the real world representativeness of the European Parliament and to the
CO2 emission and energy
CO2 emission and energy
Council with the result of this
consumption values determined in
consumption values determined in
review.
accordance with Regulation (EU)
accordance with Regulation (EU)
2017/1151, the deployment on the
2017/1151, the deployment on the
Union market of zero- and low-
Union market of zero- and low-
emission vehicles and the roll-out
emission vehicles,
in particular
of recharging and refuelling
with respect to light commercial
infrastructure reported under
vehicles, the roll-out of recharging
Directive 2014/94/EU of the
and refuelling infrastructure
European Parliament and of the
reported under Directive
Council
16.
2014/94/EU of the European
________
Parliament and of the Council29,
the
16
Directive 2014/94/EU of the
impact of this Regulation on
European Parliament and of the
consumers, particularly those on
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Council of 22 October 2014 on the
low and medium incomes. This
deployment of alternative fuels
report shall also consider options
infrastructure (OJ L 307,
to incentivise the uptake of
28.10.2014, p. 1)
advanced low-carbon fuels,
including biogas and synthetic
fuels produced with renewable
energy.
________
29
Directive 2014/94/EU of the
European Parliament and of the
Council of 22 October 2014 on the
deployment of alternative fuels
infrastructure (OJ L 307,
28.10.2014, p. 1)
Article 14, paragraph 1 a (new)
1a. In […] the report referred to
in paragraph 1 […] the Commission
shall consider, inter alia, the real
world representativeness of the CO2
emission and energy consumption
values determined
[…] pursuant to
Regulation (EC) No 715/2007, the
deployment on the Union market of
zero- and low-emission vehicles
and the roll-out of recharging and
refuelling infrastructure reported
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under Directive 2014/94/EU of the
See also AMs 41, 3 and 21
European Parliament and of the
Council
19, including their financing,
[…] the potential contribution of
the use of synthetic and advanced
alternative fuels produced with
renewable energy to emission
reductions, the emissions reduction
actually observed at the existing
fleet level, the feasibility of pooling
between passenger cars and light-
commercial vehicles, the effects of
the transitional measure in Annex I,
A 6.3,
as well as aspects to further
facilitate an economically viable
and socially fair transition towards
clean, competitive and affordable
mobility in the Union. The
Commission shall also identify a
clear pathway for further CO2
emission reductions for passenger
cars and light commercial vehicles
See also AM 56 and 10 and Council
beyond 2030 in order to
text for Article 14 (1b) and Recitals
significantly
[…] contribute to
6a and 42
achieving the long-term goal of the
Paris Agreement.
_____________
19
Directive 2014/94/EU of the
European Parliament and of the
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Council of 22 October 2014 on the
deployment of alternative fuels
infrastructure (OJ L 307,
28.10.2014, p. 1)
Article 14, paragraph 1 b (new)
1b. The report referred to in
paragraph 1 shall, where
appropriate, be accompanied by a
See also AMs 56 and 10 and
proposal for amending this
Council text for Article 14 (1a ) and
Regulation, in particular […] the
Recitals 6a and 42
possible revision of the EU fleet-
wide targets for 2030 in light of the
elements mentioned in paragraph 1a
and the
introduction of binding
emission reduction targets for 2035
and 2040 onwards for passenger
cars and light-duty vehicles. The
Commission shall consult Member
States during the review and, where
appropriate, when developing an
amendment.
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General approach 9/10/2018
Amendment 54
Article 14, paragraph 2
2.
The Commission shall take
2.
The Commission shall take
2.
The Commission shall take
Council:
into account the assessments
into account the assessments
into account the assessments
performed pursuant to Article 12
performed pursuant to Article 12
performed pursuant to Article 12
Amendments 22, 44, 47, 48, 49, 50,
and may, where appropriate, review and may, where appropriate, review and may, where appropriate, review 51 and 54 related to RDE not
the procedures for measuring CO2
the procedures for measuring CO2
the procedures for measuring CO2
acceptable. To be discussed further
emissions as set out under
emissions as set out under
emissions as set out under
Regulation (EC) No 715/2007.
Regulation (EC) No 715/2007. The Regulation (EC) No 715/2007.
The Commission shall, in
Commission shall, in particular,
The Commission shall, in
particular, make appropriate
make appropriate proposals to adapt particular, make appropriate
proposals to adapt those procedures those procedures to reflect
proposals to adapt those procedures
to reflect adequately the real world adequately the real world CO2
to reflect adequately the real world
CO2 emissions of cars and light
emissions of cars and light
CO2 emissions of cars and light
commercial vehicles.
commercial vehicles
, including
commercial vehicles.
using PEMS and remote-sensing.
3.
The Commission shall, by
3.
The Commission shall, by
means of implementing acts,
means of implementing acts,
determine the correlation
determine the correlation
parameters necessary in order to
parameters necessary in order to
reflect any change in the regulatory
reflect any change in the regulatory
test procedure for the measurement
test procedure for the measurement
of specific CO2 emissions referred
of specific CO2 emissions referred
to in Regulation (EC) No 715/2007
to in Regulation (EC) No 715/2007
and Regulation (EC) No 692/2008
and Regulation (EC) No 692/2008
and, where applicable, Regulation
and, where applicable, Regulation
(EU) 2017/1151. Those
(EU) 2017/1151. Those
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Council Position
Comments/Suggestions
Plenary vote 3/10/2018
General approach 9/10/2018
implementing acts shall be adopted
implementing acts shall be adopted
in accordance with the examination
in accordance with the examination
procedure referred to in
procedure referred to in
Article 15(2) of this Regulation.
Article 15(2) of this Regulation.
The Commission shall be
The Commission shall be
empowered to adopt delegated acts
empowered to adopt delegated acts
in accordance with Article 16 in
in accordance with Article 16 in
order to adapt the formulae set out
order to adapt the formulae set out
in Annex I, using the methodology
in Annex I, using the methodology
adopted pursuant to the first
adopted pursuant to the first
subparagraph, while ensuring that
subparagraph, while ensuring that
reduction requirements of
reduction requirements of
comparable stringency for
comparable stringency for
manufacturers and vehicles of
manufacturers and vehicles of
different utility are required under
different utility are required under
the old and new test procedures.
the old and new test procedures.
Amendment 55
Article 14, paragraph 3 a (new)
3a. By 31 December 2019, the
Council:
Commission shall review Directive
1999/94/EC and, where
Accept Amendment in principle
appropriate, submit a relevant
legislative proposal in order to
See also AM 9 (recital)
provide consumers with accurate,
robust and comparable
information on the fuel
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Council Position
Comments/Suggestions
Plenary vote 3/10/2018
General approach 9/10/2018
consumption, CO2 emissions and
air pollutant emissions of new
passenger cars placed on the
market.
Within the context of the review
referred to in the first
subparagraph, the Commission
shall also evaluate the options for
introducing a fuel economy and
CO2 emissions label for new light
commercial vehicles, and, where
appropriate, submit a relevant
legislative proposal to that end.
Article 14, paragraph 3 a (new)
3a. The Commission shall be
empowered to adopt delegated acts
in accordance with Article 16 in
order to adapt the formulae set out
in Annex I, using the methodology
adopted pursuant to […]
paragraph 3 of this Article, while
ensuring that reduction
requirements of comparable
stringency for manufacturers and
vehicles of different utility are
required under the old and new test
procedures.
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Council Position
Comments/Suggestions
Plenary vote 3/10/2018
General approach 9/10/2018
Amendment 56
Article 14, paragraph 3 b (new)
3b. The Commission shall,
Council:
where appropriate, submit a
legislative proposal to the
Amendment not acceptable
European Parliament and the
Council in order to set additional
emissions reduction targets for
See Council text for Article 14 (1a
new passenger cars and new light
and b) and Recitals 6a and 42
commercial vehicles from 1
January 2031 with a view to
See also AM 10
maintaining at least the emissions-
reduction trajectory achieved in
the period up to 2030.
Article 15, paragraph 1
Article 15
Article 15
Committee procedure
Committee procedure
1.
The Commission shall be
1.
The Commission shall be
assisted by the Energy
assisted by the […] Climate Change
Union Committee established by
Committee established by
[Article 37] of [Regulation (EU)
[Article 37] of [Regulation (EU)
[…]] of the European Parliament
[…]] of the European Parliament
and of the Council
17. That
and of the Council
21. That
committee shall be a committee
committee shall be a committee
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Council Position
Comments/Suggestions
Plenary vote 3/10/2018
General approach 9/10/2018
within the meaning of Regulation
within the meaning of Regulation
(EU) No 182/2011 of the European
(EU) No 182/2011 of the European
Parliament and of the Council
18.
Parliament and of the Council
9.
________
___________
17
Regulation (EU) […/…] of
20
Regulation (EU) […/…] of
the European Parliament and the
the European Parliament and the
Council on the Governance of the
Council on the Governance of the
Energy union (OJ L …,…).
Energy union (OJ L …,…).
18
Regulation (EU) No 182/2011
21
Regulation (EU) No 182/2011
of the European Parliament and of
of the European Parliament and of
the Council of 16 February 2011
the Council of 16 February 2011
laying down the rules and general
laying down the rules and general
principles concerning mechanisms
principles concerning mechanisms
for control by Member States of the
for control by Member States of the
Commission’s exercise of
Commission’s exercise of
implementing powers (OJ L 55,
implementing powers (OJ L 55,
28.2.2011, p. 13).
28.2.2011, p. 13).
2.
Where reference is made to
2.
Where reference is made to
this paragraph, Article 5 of
this paragraph, Article 5 of
Regulation (EU) No 182/2011 shall
Regulation (EU) No 182/2011 shall
apply.
apply.
3.
Where the Committee
3.
Where the Committee
delivers no opinion, the
delivers no opinion, the
Commission shall not adopt the
Commission shall not adopt the
draft implementing act and the third
draft implementing act and the third
subparagraph of Article 5(4) of
subparagraph of Article 5(4) of
Regulation (EU) No 182/2011 shall
Regulation (EU) No 182/2011 shall
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Council Position
Comments/Suggestions
Plenary vote 3/10/2018
General approach 9/10/2018
apply.
apply.
Amendment 57
Article 16, paragraph 1
Article 16
Article 16
Article 16
Exercise of the delegation
Exercise of the delegation
Exercise of the delegation
1.
The power to adopt delegated 1.
The power to adopt delegated 1.
The power to adopt delegated To be adapted to the final
acts referred to in the second
acts referred to in
Article 4(3c), the acts referred to in […] Article
agreement
subparagraph of Article 7(7),
second subparagraph of Article
7(7a), Article 10(8), the fourth
Article 10(8), the fourth
7(7),
Article 7 (8a), Article 10(8),
subparagraph of Article 11(1),
See also AMs 58, 59 and 24
subparagraph of Article 11(1),
the fourth subparagraph of Article
Article 13(2) and […] Article
Article 13(2) and the second
11(1)
, Article 12(1a), Article 13(2) 14(3a) shall be conferred on the
subparagraph of Article 14(3) shall and the second subparagraph of
Commission for […] a period of six
be conferred on the Commission for Article 14(3) shall be conferred on years from [the date of entry into
an indeterminate period of time
the Commission for an
force of this Regulation]. The
from [the date of entry into force of indeterminate period of time from
Commission shall draw up a report
this Regulation].
[the date of entry into force of this
in respect of the delegation of
Regulation].
power not later than nine months
before the end of the six-year
period. The delegation of power
shall be tacitly extended for periods
of an identical duration, unless the
European Parliament or the Council
opposes such extension not later
than three months before the end of
each period.
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Plenary vote 3/10/2018
General approach 9/10/2018
Amendment 58
Article 16, paragraph 2
2.
The delegation of power
2.
The delegation of power
2.
The delegation of power
To be adapted to the final
referred to in the second
referred to in
Article 4(3c), the
referred to in […] Article 7(7a),
agreement
subparagraph of Article 7(7),
second subparagraph of
Article 10(8), the fourth
Article 10(8), the fourth
Article 7(7),
Article 7(8a),
subparagraph of Article 11(1),
See also AMs 57, 59 and 24
subparagraph of Article 11(1),
Article 10(8), the fourth
Article 13(2) and […]
Article 13(2) and the second
subparagraph of Article 11(1),
Article 14(3a) may be revoked at
subparagraph of Article 14(3) may
Article 12(1a), Article 13(2) and
any time by the European
be revoked at any time by the
the second subparagraph of Article Parliament or by the Council.
European Parliament or by the
14(3) may be revoked at any time
A decision to revoke shall put an
Council. A decision to revoke shall by the European Parliament or by
end to the delegation of the power
put an end to the delegation of the
the Council. A decision to revoke
specified in that decision. It shall
power specified in that decision.
shall put an end to the delegation of take effect the day following the
It shall take effect the day following the power specified in that decision. publication of the decision in the
the publication of the decision in
It shall take effect the day following
Official Journal of the European
the
Official Journal of the
the publication of the decision in
Union or at a later date specified
European Union or at a later date
the Official Journal of the European therein. It shall not affect the
specified therein. It shall not affect Union or at a later date specified
validity of any delegated acts
the validity of any delegated acts
therein. It shall not affect the
already in force.
already in force.
validity of any delegated acts
already in force.
3.
As soon as it adopts a
3.
As soon as it adopts a
delegated act, the Commission shall
delegated act, the Commission shall
notify it simultaneously to the
notify it simultaneously to the
European Parliament and to the
European Parliament and to the
Council.
Council.
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Comments/Suggestions
Plenary vote 3/10/2018
General approach 9/10/2018
Amendment 59
Article 16, paragraph 4
4.
A delegated act adopted
4.
A delegated act adopted
4.
A delegated act adopted
To be adapted to the final
pursuant to the second
pursuant to
Article 4(3c), the
pursuant to […] Article 7(7a),
agreement
subparagraph of Article 7(7),
second subparagraph of
Article 10(8), the fourth
Article 10(8), the fourth
Article 7(7),
Article 7(8a),
subparagraph of Article 11(1),
See also AMs 57, 58 and 24
subparagraph of Article 11(1),
Article 10(8), the fourth
Article 13(2) and the […]
Article 13(2) and the second
subparagraph of Article 11(1),
Article 14(3a) shall enter into force
subparagraph of Article 14(3) shall
Article 12(1a), Article 13(2) and
only if no objection has been
enter into force only if no objection the second subparagraph of
expressed either by the European
has been expressed either by the
Article 14(3) shall enter into force
Parliament or by the Council within
European Parliament or by the
only if no objection has been
a period of two months of
Council within a period of two
expressed either by the European
notification of that act to the
months of notification of that act to Parliament or by the Council within European Parliament and the
the European Parliament and the
a period of two months of
Council or if, before the expiry of
Council or if, before the expiry of
notification of that act to the
that period, the European
that period, the European
European Parliament and the
Parliament and the Council have
Parliament and the Council have
Council or if, before the expiry of
both informed the Commission that
both informed the Commission that that period, the European
they will not object. That period
they will not object. That period
Parliament and the Council have
shall be extended by two months at
shall be extended by two months at both informed the Commission that the initiative of the European
the initiative of the European
they will not object. That period
Parliament or of the Council.
Parliament or of the Council.
shall be extended by two months at
the initiative of the European
Parliament or of the Council.
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Comments/Suggestions
Plenary vote 3/10/2018
General approach 9/10/2018
Article 17
Article 17
Article 17
Amendment to
Amendment to
Regulation (EC) No 715/2007
Regulation (EC) No 715/2007
The following Article 11a shall be
The following Article 11a shall be
inserted in Regulation (EC)
inserted in Regulation (EC)
No 715/2007:
No 715/2007:
"
Article 11a
"
Article 11a
In-service conformity of CO2
In-service conformity of CO2
emissions and fuel consumption
emissions and fuel consumption
1.
Subject to the adoption and
1.
Subject to the adoption and
entry into force of the procedures
entry into force of the procedures
referred to in paragraph 2, type
referred to in paragraph 2, type
approval authorities shall, on the
approval authorities shall, on the
basis of appropriate and
basis of appropriate and
representative samples, verify that
representative samples, verify that
vehicles that have entered into
vehicles that have entered into
service and for which they granted
service and for which they granted
type approval conform to the CO2
type approval conform to the CO2
emission and fuel consumption
emission and fuel consumption
values recorded in the certificates
values recorded in the certificates
of conformity.
of conformity.
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Comments/Suggestions
Plenary vote 3/10/2018
General approach 9/10/2018
Amendment 60
Article 17, paragraph 1, Article 11a – paragraph 2
2.
The Commission shall adopt 2.
The Commission shall adopt
2.
The Commission shall adopt
Council:
implementing acts in accordance
delegated acts in accordance with
implementing acts in accordance
with Article 15 in order to
Article
14a in order to determine
with Article 15 (2) in order to
Maintain Council position
determine the procedures for
the procedures for verifying the in-
determine the procedures for
verifying the in-service conformity service conformity of light duty
verifying the in-service conformity
of light duty vehicles in respect of
vehicles in respect of the certified
of light duty vehicles in respect of
the certified CO2 and fuel
CO2 and fuel consumption values.
the certified CO2 and fuel
consumption values."
consumption values."
Amendment 61
Article 17, paragraph 1 a (new)
The following Article is inserted:
Council:
“Article 14a
Exercise of the delegation
Amendment not acceptable
1.
The power to adopt delegated
acts is conferred on the
Commission subject to the
conditions laid down in this
Article.
2.
The power to adopt delegated
acts referred to in Article 11a(2)
shall be conferred on the
Commission for a period of five
years from … [date of entry into
force of this amending
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Plenary vote 3/10/2018
General approach 9/10/2018
Regulation]. The Commission
shall draw up a report in respect of
the delegation of power not later
than nine months before the end of
the five-year period. The
delegation of power shall be tacitly
extended for periods of an
identical duration, unless the
European Parliament or the
Council opposes such extension
not later than three months before
the end of each period.
3.
The delegation of power
referred to in Article 11a(2) may
be revoked at any time by the
European Parliament or by the
Council. A decision to revoke shall
put an end to the delegation of the
power specified in that decision. It
shall take effect the day following
the publication of the decision in
the Official Journal of the
European Union or at a later date
specified therein. It shall not affect
the validity of any delegated acts
already in force.
4.
Before adopting a delegated
act, the Commission shall consult
experts designated by each
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Comments/Suggestions
Plenary vote 3/10/2018
General approach 9/10/2018
Member State in accordance with
the principles laid down in the
Interinstitutional Agreement of
13 April 2016 on Better Law
Making*.
5.
As soon as it adopts a
delegated act, the Commission
shall notify it simultaneously to the
European Parliament and to the
Council.
6.
A delegated act adopted
pursuant to Article 11a(2) shall
enter into force only if no
objection has been expressed
either by the European Parliament
or by the Council within a period
of two months of notification of
that act to the European
Parliament and to the Council or
if, before the expiry of that period,
the European Parliament and the
Council have both informed the
Commission that they will not
object. That period shall be
extended by two months at the
initiative of the European
Parliament or of the Council.
________
* OJ L 123, 12.5.2016, p. 1.”.
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Council Position
Comments/Suggestions
Plenary vote 3/10/2018
General approach 9/10/2018
Article 18
Article 18
Article 18
Repeal
Repeal
Regulations (EC) No 443/2009 and
Regulations (EC) No 443/2009 and
(EU) No 510/2011 are repealed
(EU) No 510/2011 are repealed
with effect from 1 January 2020.
with effect from 1 January 2020.
References to the repealed
References to the repealed
Regulations shall be construed as
Regulations shall be construed as
references to this Regulation and
references to this Regulation and
shall be read in accordance with the
shall be read in accordance with the
correlation table in Annex V.
correlation table in Annex V.
Article 19
Article 19
Article 19
Entry into force
Entry into force
This Regulation shall enter into
This Regulation shall enter into
force on the twentieth day
force on the twentieth day
following that of its publication in
following that of its publication in
the
Official Journal of the
the
Official Journal of the
European Union.
European Union.
It shall apply from 1 January 2020.
It shall apply from 1 January 2020.
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Council Position
Comments/Suggestions
Plenary vote 3/10/2018
General approach 9/10/2018
This Regulation shall be binding in
This Regulation shall be binding in
its entirety and directly applicable
its entirety and directly applicable
in all Member States.
in all Member States.
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ANNEXES
to the proposal for a
Regulation of the European Parliament and of the Council
setting emission performance standards for new passenger cars and new light commercial vehicles as part of the Union's integrated approach
to reduce CO2 emissions from light-duty vehicles and amending Regulation (EC) No 715/2007 (recast)
Commission proposal
EP Position
Council Position
Comments/Suggestions
Annex I, part A, point 6.0 (new)
EU fleet-wide target2021
6.0. EU fleet-wide target2021
EU fleet-wide target2021 is the average,
weighted by the number of newly
registered cars, of the reference-values2021
determined for each individual
manufacturer for which a specific
emissions target applies in accordance with
point 4.
The reference-value2021 shall be
determined, for each manufacturer, as
follows:
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Council Position
Comments/Suggestions
reference-value2021 = WLTPCO2,measured ∙
Where,
WLTPCO2,measured
is the average, for each manufacturer,
of the measured CO2 emissions
combined of each new passenger car
registered in 2020 as determined and
reported in accordance with
Article 7(a)(1)(b) of Implementing
Regulation (EU) 2017/1153;
NEDC2020target and NEDCCO2
are as defined in point 3;
Mø2021
is the average of the mass in running
order of the new registered passenger
cars of the manufacturer in 2021 in
kilograms (kg);
M0
is 1379.88
24
______________
24
also as set out in point 4.
a, Mø2020, M0,2020
are as defined in point 4.
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Commission proposal
EP Position
Council Position
Comments/Suggestions
Annex I, part A, point 6.1.1
EU fleet-wide target 2025 - 2029
6.1.1. EU fleet-wide target for 2025 to
6.1.1. EU fleet-wide target for 2025 to
2029
2029
EU fleet-wide target2025 = EU fleet-wide
EU fleet-wide target2025 = EU fleet-wide
target2021 · (1 - reduction factor2025)
target2021 · (1 - reduction factor2025)
Where,
Where,
EU fleet-wide target2021
EU fleet-wide target2021
is the average, weighted on the
[…] as defined in point 6.0.
number of newly registered cars of
each individual manufacturer, of the
specific emissions targets
determined for each individual
manufacturer in 2021 in accordance
with point 4
Reduction factor2025
Reduction factor2025
is the reduction specified in
is the reduction specified in
Article 1(4)(a)
Article 1(4)(a)
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Commission proposal
EP Position
Council Position
Comments/Suggestions
Annex I, part A, point 6.1.2
EU fleet-wide target for 2030 onwards
6.1.2. EU fleet-wide target for 2030
6.1.2. EU fleet-wide target for 2030
onwards
onwards
EU fleet-wide target2030 = EU fleet-wide
EU fleet-wide target2030 = EU fleet-wide
target2021 · (1 - reduction factor2030)
target2021 · (1 - reduction factor2030)
Where,
Where,
EU fleet-wide target2021
EU fleet-wide target2021
is the average, weighted on the
[…] as defined in point 6.0.
number of newly registered cars of
each individual manufacturer, of the
specific emissions targets
determined for each individual
manufacturer in 2021 in accordance
with point 4
Reduction factor2030
Reduction factor2030
is the reduction specified in
is the reduction specified in
Article 1(5)(a)
Article 1(5)(a)
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Commission proposal
EP Position
Council Position
Comments/Suggestions
Amendment 62
Annex I, part A, point 6.3, paragraph 1 a (new)
The specific emissions target from 2025 onwards
For the purpose of the
Council:
calculation of this formula,
the specific emissions target of
Amendment contains
2021 as defined in point 4
same idea as
shall be corrected to take into
corresponding Council
account the difference
text for new point 6.0 but
between the measured WLTP
preference for Council
CO2 emissions and the
text
declared WLTP CO2
emissions.
See also AMs 65 and 68
For new entrants, the
and Council text for
Commission is empowered to
recital 11
adopt delegated acts in
accordance with Article 16 in
order to amend this
Regulation by developing a
formula in order to calculate
the relevant specific emission
target of 2021 for each
manufacturer.
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Commission proposal
EP Position
Council Position
Comments/Suggestions
Amendment 63
Annex I, part A, point 6.3, paragraph 3, subparagraph 2
ZLEV factor
For the period 2025 to 2029,
ZLEV factor
Council:
is (1+y-x), unless this sum is larger ZLEV factor
is (1+y-x), unless this sum is larger
than 1.05 or lower than 1.0 in which
is (1+y-x), unless this sum
than 1.05 or lower than 1.0 in which
Maintain Council
case the ZLEV factor shall be set to
is larger than 1.05
, in
case the ZLEV factor shall be set to
position
1.05 or 1.0
as the case may be
which case the ZLEV
1.05 or 1.0 as the case may be
factor shall be set to 1.05
;
Where,
if this sum is between 1.0
Where,
For recitals, see AMs 11,
and 0.98, the ZLEV
13, 14 and 15
y
is the share of zero- and low-
factor shall be set to 1.0; y
is the share of zero- and low-
emission vehicles in the
if this sum is lower than
emission vehicles in the
manufacturer's fleet of newly
0.95, the ZLEV factor
manufacturer's fleet of newly
registered passenger cars calculated
shall be set to 0.95;
registered passenger cars calculated
as the total number of zero- and
as the total number of zero- and low-
low-emission vehicles, where each
From 2030 onwards, ZLEV
emission vehicles, where each of
of them is counted as ZLEVspecific
factor
them is counted as ZLEVspecific in
in accordance with the formula
is (1+y-x), unless this
accordance with the formula below,
below, divided by the total number
sum is larger than 1.05
divided by the total number of
of passenger cars registered in the
or lower than 0.95 in
passenger cars registered in the
relevant calendar year
which case the ZLEV
relevant calendar year
factor shall be set to 1.05
or 0.95 as the case may be
𝒁𝒁𝒁𝒁𝒁𝒁𝒁𝒁
�
𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔 = 𝟏𝟏 − �𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔 𝒔𝒔𝒆𝒆𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒆𝒆𝒆𝒆𝒔𝒔·𝟎𝟎,𝟓𝟓
𝟓𝟓𝟎𝟎
For newly registered passenger cars in
Member States with a share of zero- and
low-emission vehicles in their fleet below
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Commission proposal
EP Position
Council Position
Comments/Suggestions
60% of the EU average in the year 202125,
ZLEVspecific shall, until and including
2030, be calculated as follows:
𝒁𝒁𝒁𝒁𝒁𝒁𝒁𝒁𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔 =
�𝟏𝟏 − �𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔 𝒔𝒔𝒆𝒆𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒔𝒆𝒆𝒆𝒆𝒔𝒔·𝟎𝟎,𝟓𝟓�� · 𝟐𝟐
𝟓𝟓𝟎𝟎
____________
25
Calculated as the total number of
zero and low emission vehicles registered
in 2021 divided by the total number of
newly registered passenger cars.
Amendment 98
Annex I, part A, point 6.3, paragraph 4, subparagraph 3
x
is
15% in the years 2025 to 2029
x
is
20 % in the years 2025 x
is 15% in the years 2025 to 2029 and Council:
and
30% in 2030 onwards.
to 2029 and
35 % in
[…] 35 % […] from 2030 onwards.
2030 onwards.
Maintain Council
position
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EP Position
Council Position
Comments/Suggestions
Annex I, part B, point 6.0 (new)
EU fleet-wide target2021
6.0. EU fleet-wide target2021
The EU fleet-wide target2021
is the average, weighted by the
number of newly registered light
commercial vehicles, of the
reference-values2021 determined for
each individual manufacturer for
which a specific emissions target
applies in accordance with point 4.
The reference-value2021 shall be
determined, for each manufacturer, as
follows:
reference-value2021 = WLTPCO2,measured ∙
Where,
WLTPCO2,measured
is the average, for each manufacturer,
of the measured CO2 emissions
combined of each new light
commercial vehicle registered in 2020
as determined and reported in
accordance with Article 7(a)(1)(b) of
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Council Position
Comments/Suggestions
Implementing Regulation (EU)
2017/1152;
NEDC2020target and NEDCCO2
are as defined in point 3;
Mø2021
is the average of the mass in running
order of the new registered light
commercial vehicles of the
manufacturer in 2021 in kilograms
(kg);
M0
is the value M0 as defined in point 4
for the year 2021;
a, Mø2020, M0,2020
are as defined in point 4.
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Commission proposal
EP Position
Council Position
Comments/Suggestions
Annex I, part B, point 6.1.1
EU fleet-wide target from 2025 to 2029
6.1.1. EU fleet-wide target for 2025 to
6.1.1. EU fleet-wide target for 2025 to
2029
2029
EU fleet-wide target2025 = EU fleet-wide
EU fleet-wide target2025 = EU fleet-wide
target2021 · (1 - reduction factor2025)
target2021 · (1 - reduction factor2025)
Where,
Where,
EU fleet-wide target2021
EU fleet-wide target2021
is the average, weighted on the
[…] as defined in point 6.0.
number of newly registered light
commercial vehicles of each
individual manufacturer, of the
specific emissions targets
determined for each individual
manufacturer in 2021 in accordance
with point 4
Reduction factor2025
Reduction factor2025
is the reduction specified in
is the reduction specified in
Article 1(4)(b)
Article 1(4)(b)
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Commission proposal
EP Position
Council Position
Comments/Suggestions
Annex I, part B, point 6.1.2
EU fleet-wide target for 2030 onwards
6.1.2. EU fleet-wide target for 2030
6.1.2. EU fleet-wide target for 2030
onwards
onwards
EU fleet-wide target2030 = EU fleet-wide
EU fleet-wide target2030 = EU fleet-wide
target2021 · (1 - reduction factor2030)
target2021 · (1 - reduction factor2030)
Where,
Where,
EU fleet-wide target2021
EU fleet-wide target2021
is the average, weighted on the
[…] as defined in point 6.0.
number of newly registered light
commercial vehicles of each
individual manufacturer, of the
specific emissions targets
determined for each individual
manufacturer in 2021 in accordance
with point 4
Reduction factor2030
Reduction factor2030
is the reduction specified in
is the reduction specified in
Article 1(5)(b)
Article 1(5)(b)
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Commission proposal
EP Position
Council Position
Comments/Suggestions
Amendment 65
Annex I, part B, point 6.3.1, paragraph 1 a (new)
Specific emissions targets from 2025 to 2029
For the purpose of the
Council:
calculation of this formula,
the specific emissions target of
Amendment contains
2021 as defined in point 4
same idea as
shall be corrected to take into
corresponding Council
account the difference
text for new point 6.0 but
between the measured WLTP
preference for Council
CO2 emissions and the
text
declared WLTP CO2
emissions.
For new entrants, the
See also AMs 62 and 68
Commission is empowered to
and Council text for
adopt delegated acts in
recital 11
accordance with Article 16 in
order to amend this
Regulation by developing a
formula to calculate the
relevant specific emission
target of 2021 for each
manufacturer.
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Commission proposal
EP Position
Council Position
Comments/Suggestions
Amendment 66
Annex I, part B, point 6.3.1, paragraph 3, subparagraph 3
ZLEV factor is (1+y-x), unless this sum
ZLEV factor is (1+y-x), unless ZLEV factor is (1+y-x), unless this sum is Council:
is larger than 1.05 or lower than 1.0 in
this sum is larger than 1.05
, in larger than 1.05 or lower than 1.0 in which
which case the ZLEV factor shall be set
which case the ZLEV factor
case the ZLEV factor shall be set to 1.05 or Maintain Council
to 1.05 or 1.0 as the case may be
shall be set to 1.05
; if this sum 1.0 as the case may be
position
is between 1.0
and 0.98, the
ZLEV factor shall be set to
1.0; if this sum is lower than
For recitals, see AMs 11,
0.95, the ZLEV factor shall be
13, 14 and 15
set to 0.95.
Amendment 67
Annex I, part B, point 6.3.1, paragraph 4, subparagraph 3
x
is 15%
x
is
20 %
x
is 15%
Council:
Maintain Council
position
For recitals, see AMs 11,
13, 14 and 15
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Commission proposal
EP Position
Council Position
Comments/Suggestions
Amendment 68
Annex I, part B, point 6.3.2, paragraph 1 a (new)
Specific emissions targets from 2030 onwards
For the purpose of the
Council:
calculation of this formula,
the specific emissions target of
Amendment contains
2021 as defined in point 4
same idea as
shall be corrected to take into
corresponding Council
account the difference
text for new point 6.0 but
between the measured WLTP
preference for Council
CO2 emissions and the
text
declared WLTP CO2
emissions.
For new entrants, the
See also AMs 62 and 65
Commission is empowered to
and Council text for
adopt delegated acts in
recital 11
accordance with Article 16 in
order to amend this
Regulation by developing a
formula to calculate the
relevant specific emission
target of 2021 for each
manufacturer.
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Commission proposal
EP Position
Council Position
Comments/Suggestions
Amendment 69
Annex I, part B, point 6.3.2, paragraph 3, subparagraph 3
ZLEV factor is (1+y-x), unless this sum
ZLEV factor is (1+y-x), unless ZLEV factor is (1+y-x), unless this sum is Council:
is larger than 1.05 or lower than 1.0 in
this sum is larger than 1.05 or
larger than 1.05 or lower than 1.0 in which
which case the ZLEV factor shall be set
lower than
0.95 in which case
case the ZLEV factor shall be set to 1.05 or Maintain Council
to 1.05 or 1.0 as the case may be
the ZLEV factor shall be set to 1.0 as the case may be
position
1.05 or
0.95 as the case may be
For recitals, see AMs 11,
13, 14 and 15
Amendment 99
Annex I, part B, point 6.3.2, paragraph 4, subparagraph 3
x is 30%
x is
35 %
x is 30%
Council:
Maintain Council
position
For recitals, see AMs 11,
13, 14 and 15
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Document Outline