Commission Regulation (EU) No 63/2011Show full title

Article 5 Specific emissions target and reduction potential pursuant to Article 11(2) of Regulation (EC) No 443/2009

1. The applicant shall provide the average specific CO₂ emissions of its passenger cars registered in 2007, unless the average specific CO₂ emissions for that year are listed in Annex IV to this Regulation. Where this information is not available, the applicant shall provide the average specific CO₂ emissions of its passenger cars registered in the following calendar year closest to 2007.

2. The applicant shall provide the following information on its activity:

(a) for the calendar year preceding the date of application, the number of employees and the size of the production facility in square metres;

(b) the operational model of the production facility specifying which design and production activities are performed by the applicant or outsourced;

(c) in the case of a connected undertaking, if the technology is shared by the manufacturers, and which activities are outsourced;

(d) for five calendar years preceding the date of application, the sales volumes, yearly turnover, net profit, and R & D spending, and in the case of a connected undertaking, the net transfers to the parent company;

(e) the characteristics of their market;

(f) the price list for all versions of cars to be covered by the derogation in the calendar year preceding the date of application, and the expected price list for the cars planned to be launched and to be covered by the derogation.

When an application is submitted by a manufacturer responsible for more than 100 cars per year, the information referred to in point (d) shall be accompanied by the official certified accounts, or shall be certified by an independent auditor.

3. The applicant shall provide the following information on its technological potential:

(a) the list of CO₂ reducing technologies used in its passenger cars deployed on the market in 2007 or, where those data are not available, for the following year closest to 2007, or in case of manufacturers planning to enter the market, for the year in which the derogation starts to apply;

(b) the list of CO₂ reducing technologies used in its passenger cars under the reduction programme and the additional costs of these technologies for each vehicle version covered by the application.

4. The applicant shall in accordance with its reduction potential propose a specific emissions target for the period of the derogation. The applicant may also propose yearly specific emissions targets.

The specific emissions target or yearly specific emissions targets shall be determined so that the average specific emissions at the expiry of the derogation period are reduced in comparison to the average specific emissions of CO₂ referred to in paragraph 1.

5. The specific emissions target or yearly specific emissions targets proposed by the applicant in accordance with point (d) of Article 11(2) of Regulation (EC) No 443/2009 shall be accompanied by a programme of reduction for the new fleet’s specific CO₂ emissions.

The reduction programme shall specify the following:

(a) the timetable for introduction of CO₂ reducing technologies in the applicant’s fleet;

(b) the estimated Union registrations per year for the period of the derogation and the expected average specific emissions of CO₂ and average mass;

(c) in the case of yearly specific emissions targets, yearly improvement of specific CO₂ emissions of the vehicle versions for which CO₂ reducing technologies are introduced.

6. The applicant’s compliance with a specific emissions target or yearly specific emissions targets shall be assessed in accordance with Article 9 of Regulation (EC) No 443/2009 each year during the derogation period.