# Commission Implementing Decision of 20 December 2011 confirming the provisional calculation of average specific CO2 emissions and specific emissions targets for manufacturers of passenger cars for the calendar year 2010 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (Text with EEA relevance) (2011/878/EU)

EU Decision 2011/878 · adopted 20 December 2011

Commission Implementing Decision of 20 December 2011 confirming the provisional calculation of average specific CO2 emissions and specific emissions targets for manufacturers of passenger cars for the calendar year 2010 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (Text with EEA relevance) (2011/878/EU)

## Introductory text

Commission Implementing Decision
of 20 December 2011
confirming the provisional calculation of average specific CO2 emissions and specific emissions targets for manufacturers of passenger cars for the calendar year 2010 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council
(Text with EEA relevance)
(2011/878/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO2 emissions from light-duty vehicles, and in particular the second subparagraph of Article 8(5) and Article 10(1) thereof,
Whereas:
(1)
The Commission is required, pursuant to Article 8(5) of Regulation (EC) No 443/2009, to confirm each year, the average specific emissions of CO2 and the specific emissions target for each manufacturer of passenger cars in the Union as well as for each pool of manufacturers formed in accordance with Article 7(7) of that Regulation. On the basis of that confirmation, the Commission is to determine whether manufacturers and pools have complied with the requirements of Article 4 of that Regulation. Where it is clear that a manufacturer or a pool has failed to meet its specific emissions target, the Commission is required, pursuant to Article 9(1) of that Regulation, to issue excess emissions premiums by way of individual decisions addressed to the manufacturers or pool managers concerned.
(2)
Pursuant to Article 4 of Regulation (EC) No 443/2009, the targets are binding on manufacturers and pools with effect from 2012. For the calendar years 2010 and 2011, the Commission should however calculate indicative targets and, pursuant to Article 8(6) of that Regulation, notify those manufacturers or pools whose average specific emissions exceed their indicative targets. As those targets for 2010 and 2011 will serve as indicators to manufacturers of the effort required to reach the mandatory target in 2012, it is appropriate to determine the average specific emissions of manufacturers for 2010 and 2011 in accordance with requirements set out in the second paragraph of Article 4 of that Regulation and take into account only the 65 % lowest emitting vehicles of each manufacturer.
(3)
The data to be used for the calculation of the average specific emissions and the specific emissions targets is set out in Part C of Annex II to Regulation (EC) No 443/2009 and is based on Member States’ registrations of new passenger cars during the preceding calendar year. The data is taken from the certificates of conformity issued by the manufacturers or from documents providing equivalent information in accordance with Article 3(1) of Commission Regulation (EU) No 1014/2010 of 10 November 2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council.
(4)
The data for 2010 was transmitted to the Commission by the deadline of 28 February 2011 specified in Article 8(2) of Regulation (EC) No 443/2009 by a majority of the Member States. The complete datasets for all Member States were only, however, finally made available to the Commission by mid April and were subsequently provisionally verified.
(5)
Where, as a result of the initial verification, it was evident that certain data were missing or manifestly incorrect, the Commission contacted the Member States concerned and, subject to the agreement of those Member States, adjusted or completed the data accordingly. Where no agreement could be reached with a Member State, the provisional data of that Member State was not adjusted.
(6)
On 29 June 2011, the Commission published, in accordance with Article 8(4) of Regulation (EC) No 443/2009, the provisional data and notified 89 manufacturers of the provisional calculations of their average specific emissions in 2010 and their specific emissions targets. Manufacturers were asked to verify the data and to notify to the Commission any errors within 3 months of receipt of the notification in accordance with the first subparagraph of Article 8(5) of that Regulation.
(7)
On 12 August, guidelines for the notification of errors in the CO2 data from cars were published on the Commission website. The guidelines provide a format for notification and indicate the information required from the manufacturers to enable the Commission to take those errors into account.
(8)
Fifteen manufacturers submitted notifications of errors within the 3-month deadline. One manufacturer submitted a complete notification after the expiry of the deadline. Seven manufacturers out of those 15 submitted notifications that included detailed information on the errors and justifications for the corrections proposed. The remaining eight manufacturers submitted summary notifications that only partially complied with the Commission’s recommendations as to the format and contents of the notifications. In addition to those manufacturers that submitted notifications of error, eight manufacturers informed the Commission that there were errors in the datasets without providing any further information or evidence as to the nature or reasons for those errors.
(9)
In the case of the 73 manufacturers that did not notify any errors in the datasets or only informed the Commission of errors in the datasets without providing the necessary evidence, the provisional data and provisional calculations of the average specific emissions and the specific emissions targets should be confirmed without adjustments.
(10)
Where manufacturers have provided the necessary information and evidence supporting the existence of errors in the datasets, the Commission should consider those notifications and, where appropriate, amend the provisional calculations of the average specific emissions and the targets.
(11)
Member States’ registration authorities are solely responsible for the number of registrations reported to the Commission. As manufacturers’ sales data do not necessarily accurately reflect the number of registrations in a given Member State for a given period of time, it is not possible to consider errors in the number of registrations for the calculation of the average specific emissions. Only errors relating to the contents of the datasets for registered vehicles should therefore be considered. However, in some cases, manufacturers have notified that registrations should be attributed to another manufacturer. Those re-attributions should be reflected in the final confirmed datasets.
(12)
It results from the complete notifications that the manufacturers were able to identify a part of the datasets as correct and proposed corrections to those parts of the datasets that could be verified. Between 4 and 15 per cent of the datasets consist, however, of registrations referring to unidentifiable vehicles for which values such as CO2 emissions or mass cannot be verified by the manufacturer. This is usually due to missing information that is required in order for the manufacturer to identify the individual vehicles, more precisely the identification code composed of the type, variant and version of the vehicles concerned. In a small number of cases, registrations could be attributed to manufacturers, however, key data on CO2 emissions and mass were not available.
(13)
The Commission has verified the corrections proposed by the manufacturers and the supporting evidence. Where entries have been corrected either by inserting a missing value or by replacing an incorrect value for those registrations that can be verified by the manufacturer and the corrected values are consistent with values resulting from reference data sources, such as data from type approval documents, such corrections are justified. However, where a manufacturer has notified errors but not proposed corrections, notwithstanding that those errors could have been verified and corrected and has not sufficiently demonstrated that those corrections could not be made within the 3-month verification period, those errors should not be considered for the final calculation.
(14)
In the case of registrations that can be attributed to, but not verified by the manufacturers, the values for CO2 emissions and mass included in those registrations should still be used to calculate the average CO2 emissions and specific emissions target. It is however necessary to take into account the fact that manufacturers cannot verify those values and ensure that the inclusion does not have a negative impact on the final values determined for the manufacturers concerned. Accordingly, an error margin should be applied to that calculation reflecting the individual situation of the manufacturer as described and justified in the notification of errors. More precisely, an error margin should be calculated for the average specific emissions and the average mass, since those two parameters determine the distance to the specific emissions target of each manufacturer, i.e. how close a manufacturer is to achieving its specific emission target.
(15)
The error margin should be determined as the difference between the distances to the specific emission target expressed as the average emissions subtracted from the specific emissions targets calculated including and excluding those registrations that cannot be verified by the manufacturers. Regardless of whether that difference is positive or negative the error margin should always reduce the distance to the target of the manufacturer.
(16)
In the case of registrations where the values on CO2 emissions or mass are missing as well as the identification code, those registrations should not be taken into account for the final calculation of the average emissions.
(17)
Since the 2010 data verification exercise is the first to be carried out pursuant to Regulation (EC) No 443/2009, it is appropriate to exceptionally consider also those notifications that did not include all the information required by the Commission for fully taking into account the errors. The error margins to be applied to the final calculations referred to in those notifications should however be calculated on the basis of the Commission’s own assessment of the number of registrations that cannot be verified by those manufacturers. It is also appropriate, exceptionally, to take into account, for the confirmation of 2010 data, the notification of errors that was submitted shortly after the expiry of the deadline.
(18)
The average specific emissions of CO2 from new passenger cars registered in 2010, the specific emissions targets and the difference between those two values should be confirmed accordingly,
HAS ADOPTED THIS DECISION:

## 1 

The following values specified in the Annex are confirmed for each manufacturer of passenger cars and for each pool of manufacturers in respect of the 2010 calendar year:
(a) the specific emissions target;
(b) the average specific emissions of CO2, where appropriate adjusted by the relevant error margin;
(c) the difference between the values referred to in points (a) and (b);
(d) the average specific emissions of CO2 for all new passenger cars;
(e) the average mass for all new passenger cars in the Union.

## 2 

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

## 

Table 1
Values relating to the performance of manufacturers confirmed in accordance with Article 10(1) of Regulation (EC) No 443/2009
A
B
C
D
E
F
G
H
I
Manufacturer Name
Pools and Derogations
Number of registrations
Average CO2 (65 %) corrected
Specific emission target
Distance to target
Distance to target adjusted
Average mass
Average CO2 (100 %)
Alpina Burkard Bovensiepen GmbH + Co. KG
173
187,795
147,429
40,366
40,366
1 753,38
210,341
Artega Automobil GmbH & Co. KG
2
220,0
132,194
87,806
87,806
1 420,0
220,0
Aston Martin Lagonda Ltd
D
1 415
333,482
320,0
13,482
12,657
1 860,72
348,372
Audi AG
589 855
133,883
140,365
–6,482
–6,557
1 598,8
151,832
Automobiles Citroën
815 936
118,764
127,361
–8,597
–8,597
1 314,26
131,418
Automobiles Peugeot
974 248
119,208
127,704
–8,496
–8,496
1 321,76
131,021
Autovaz
3 911
212,171
126,41
85,761
85,761
1 293,44
219,516
Bayerische Motoren Werke AG
640 021
129,253
137,409
–8,156
–8,21
1 534,13
146,355
Bentley Motors Ltd
1 187
391,423
181,363
210,06
210,06
2 495,92
395,925
BMW M GmbH
77 120
133,513
142,836
–9,323
–13,535
1 652,88
156,242
Bugatti Automobiles SAS
8
584,6
159,225
425,375
425,375
2 011,5
589,25
Caterham Cars Limited
D
135
166,92
210,0
–43,08
–43,08
712,15
179,826
Chevrolet Italia
25 442
113,042
116,356
–3,314
–3,359
1 073,45
117,607
Chrysler Group LLC
31 121
192,081
157,48
34,601
34,601
1 973,32
215,2
CNG Technik
P1
583
225,0
134,782
90,218
89,953
1 476,64
226,252
Automobile Dacia SA
251 938
133,865
123,831
10,034
9,631
1 237,01
144,989
Daihatsu Motor Co. Ltd
18 972
128,351
117,975
10,376
10,376
1 108,86
145,374
Daimler AG, Stuttgart
P2
646 067
137,762
137,323
0,439
0,349
1 532,24
160,166
DR Motor Company SRL
4 943
122,413
120,642
1,771
1,771
1 167,22
138,566
Ferrari
D
2 361
300,718
303,0
–2,282
–2,282
1 751,12
322,468
FIAT Group Automobiles SpA
975 822
115,285
119,24
–3,955
–3,955
1 136,56
125,013
Ford-Werke GmbH
P1
1 076 887
121,128
126,226
–5,098
–5,605
1 289,42
136,552
Fuji Heavy Industries Ltd
ND
30 655
165,182
164,616
0,566
0,52
1 608,03
179,332
Geely Europe Ltd
918
115,916
140,077
–24,161
–24,161
1 592,5
131,466
General Motors Company
1 490
270,134
151,75
118,384
113,988
1 847,93
296,4
GM Daewoo Auto u. Tech. Comp.
146 117
125,759
124,606
1,153
1,138
1 253,96
143,544
GM Italia SRL
37 670
119,75
125,467
–5,717
–5,717
1 272,82
124,405
Great Wall Motor Company Limited
D
344
222,0
195,0
27,0
27,0
1 919,52
224,314
Gumpert Sportwagenmanufaktur GmbH
2
310,0
132,879
177,121
177,121
1 435,0
310,0
Honda Automobile China CO
P3
20 876
125,023
119,099
5,924
5,911
1 133,46
126,094
Honda Automobile Thailand CO
P3
1 444
142,0
120,816
21,184
21,184
1 171,03
142,615
Honda Motor CO
P3
102 890
124,841
128,71
–3,869
–4,083
1 343,77
143,823
Honda of the UK Manufacturing
P3
47 840
145,932
133,391
12,541
12,234
1 446,21
162,28
Honda Turkiye AS
P3
1 587
155,953
125,56
30,393
30,393
1 274,84
156,624
Hyundai Motor Europe GmbH
325 603
120,858
126,725
–5,867
–5,867
1 300,33
134,244
Iveco SpA
49
213,548
180,265
33,283
33,283
2 471,9
216,694
Jaguar Cars Ltd
ND
23 740
178,656
178,025
0,631
0,631
1 900,33
199,016
Kia Motors Europe GmbH
253 706
126,251
131,248
–4,997
–4,997
1 399,3
143,272
KTM-Sportmotorcycle AG
D
57
173,432
200,0
–26,568
–26,568
882,89
179,0
Automobili Lamborghini SpA
265
323,977
141,293
182,684
182,506
1 619,11
357,362
Land Rover
ND
65 534
209,295
178,025
31,27
31,27
2 351,43
231,494
Lotus Cars Limited
D
825
189,108
280,0
–90,892
–90,892
1 159,21
196,596
The London Taxi Company
1 662
225,087
154,227
70,86
70,86
1 902,13
227,739
Magyar Suzuki Corporation Ltd
87 204
130,004
121,13
8,874
8,843
1 177,91
136,665
Mahindra Europe SRL
48
246,839
160,042
86,797
86,797
2 029,38
251,5
Maruti Suzuki India Ltd
19 577
103,0
109,908
–6,908
–6,908
932,36
104,287
Maserati SpA
1 626
353,473
159,119
194,354
194,354
2 009,18
362,557
Mazda Motor Corporation
170 007
133,729
128,523
5,206
4,831
1 339,67
149,458
Mercedes-AMG GmbH, Affalterbach
P2
1 503
308,0
144,857
163,143
163,138
1 697,1
308,0
MG Motor UK Limited
D
264
184,871
184,0
0,871
0,871
1 180,16
184,717
Micro-Vett SpA
4
0,0
133,507
–133,507
–133,507
1 448,75
0,0
Mitsubishi Motors Corporation (MMC)
P4
72 594
145,036
138,601
6,435
6,377
1 560,2
165,144
Mitsubishi Motor R & D Europe GmbH
P4
16 530
119,878
114,793
5,085
5,084
1 039,25
127,284
Morgan Motor Co. Ltd
D
415
164,342
180,0
–15,658
–15,658
1 113,67
189,278
Nissan International SA
389 818
132,131
128,875
3,256
3,256
1 347,39
147,197
O.M.C.I. SRL
46
156,862
120,759
36,103
36,103
1 169,78
167,848
Adam Opel AG
935 499
126,92
130,483
–3,563
–3,767
1 382,56
139,529
OSV — Opel Special Vehicles GmbH
67
135,512
140,208
–4,696
–4,696
1 595,36
136,836
Perodua Manufacturing Sdn Bhd
690
136,48
113,634
22,846
22,846
1 013,88
140,23
Pgo Ingenierie
29
185,0
115,657
69,343
69,343
1 058,14
189,828
Dr. Ing. h.c. F. Porsche AG
34 512
220,872
152,089
68,783
68,783
1 855,34
238,859
Potenza Sports Cars
31
178,0
99,975
78,025
78,025
715,0
178,0
Proton Cars United Kingdom Ltd
D
792
143,315
185,0
–41,685
–41,685
1 394,89
153,557
Quattro GmbH
2 596
279,097
154,102
124,995
124,766
1 899,39
299,034
Renault
1 125 141
120,7
127,045
–6,345
–6,378
1 307,33
133,824
Rolls-Royce Motors Cars Ltd
413
315,616
181,297
134,319
133,038
2 494,48
332,063
Saab Automobile AB
19 979
156,561
143,922
12,639
12,639
1 676,64
175,341
Santana Motor SA
382
168,351
135,765
32,586
32,586
1 498,15
204,921
SEAT
288 629
120,162
125,722
–5,56
–5,647
1 278,38
131,162
Secma
26
155,0
97,37
57,63
57,63
658,0
155,0
Shijiazhuang Shuanghuan Automobile Company
44
266,357
152,951
113,406
113,406
1 874,2
267,682
SKODA auto a.s.
420 718
127,869
127,225
0,644
0,571
1 311,28
139,193
Sovab
94
227,066
166,119
60,947
60,947
2 162,34
230,138
Ssangyong Motor Company
D
4 785
203,851
180,0
23,851
23,851
2 023,1
215,728
Suzuki Motor Corporation
85 177
124,055
121,05
3,005
2,981
1 176,15
144,109
Tata Motors Limited
ND
3 582
137,754
178,025
–40,271
–40,271
1 293,0
151,987
Tesla Motors Ltd
40
0,0
128,309
–128,309
–128,309
1 335,0
0,0
Think
144
0,0
120,248
–120,248
–120,248
1 158,61
0,0
Toyota Motor Europe NV/SA
564 633
112,241
128,349
–16,108
–16,273
1 335,87
129,056
Volkswagen AG
1 469 419
125,987
130,715
–4,728
–4,763
1 387,65
140,352
Volvo Car Corporation
204 926
134,492
143,273
–8,781
–8,781
1 662,43
156,948
Westfield Sports Cars
3
178,0
99,975
78,025
78,025
715,0
178,0
Wiesmann GmbH
D
8
253,0
274,0
–21,0
–21,0
1 409,88
257,25
Table 2
List of pools and values confirmed in accordance with Article 10(1) of Regulation (EC) No 443/2009
A
B
C
D
E
F
G
H
I
Pool Name
Pool
Number of registrations
Average CO2 (65 %) corrected
Specific emissions target
Distance to target
Distance to target adjusted
Average mass
Average CO2 (100 %)
FORD-WERKE GMBH
P1
1 077 470
121,143
126,231
–5,088
– 5,598
1 289,52
136,601
DAIMLER AG
P2
647 570
137,834
137,34
0,494
0,4
1 532,62
160,509
HONDA MOTOR EUROPE LTD
P3
174 637
128,612
128,75
–0,138
–0,365
1 344,64
146,87
MITSUBISHI MOTORS
P4
89 124
137,055
134,185
2,87
2,84
1 463,58
158,12

### Division: Explanatory notes to Table 1:

## Column B

‘D’ means that a derogation relating to a small volume manufacturer has been granted in accordance with Commission Implementing Decision C(2011) 8334 final;
‘ND’ means that a derogation relating to niche manufacturer has been granted in accordance with Commission Implementing Decision C(2011) 8336 final;
‘P’ means that the manufacturer is member of a pool (listed in table 2) formed in accordance with Article 7 of Regulation (EC) No 443/2009.

## Column D

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

## Column E

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

## Column F

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

## Column G

‘Distance to target adjusted’ means the distance to target as indicated under Column F adjusted to take into account the error margin. The error is due to the unidentifiable vehicles (vehicles where the identification code for type, variant and version is missing) and it is calculated in accordance with the following formula:
Error = absolute value of [(AC1 – TG1) – (AC2 – TG2)]
AC1 the average specific emissions of CO2 including the unidentifiable vehicles (as set out in column D);
TG1 the specific emission target including the unidentifiable vehicles (as set out in column E);
AC2 the average emissions of CO2 excluding the unidentifiable vehicles;
TG2 the specific emission target excluding the unidentifiable vehicles.

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Source: https://www.legislation.gov.uk/eudn/2011/878 (the official version)
Page: https://openlegislation.uk/eu-decision-2011-878
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.