{
  "url": "https://openlegislation.uk/eu-decision-2018-143/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2018-143/introduction.json",
  "legislation": "eudn/2018/143",
  "legislation_title": "Commission Implementing Decision (EU) 2018/143 of 19 January 2018 confirming or amending the provisional calculation of the average specific emissions of CO2 and specific emissions targets for manufacturers of new light commercial vehicles for the calendar year 2016 pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (notified under document C(2018) 184) (Only the Dutch, English, Estonian, French, German, Italian, Spanish and Swedish texts are authentic)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2018-143",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Implementing Decision (EU) 2018/143\nof 19 January 2018\nconfirming or amending the provisional calculation of the average specific emissions of CO2 and specific emissions targets for manufacturers of new light commercial vehicles for the calendar year 2016 pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council\n(notified under document C(2018) 184)\n(Only the Dutch, English, Estonian, French, German, Italian, Spanish and Swedish texts are authentic)\nTHE EUROPEAN COMMISSION,\nHaving regard to the Treaty on the Functioning of the European Union,\nHaving regard to Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles, and in particular Article 8(6) thereof,\nWhereas:\n(1)\nIn accordance with Regulation (EU) No 510/2011, the Commission is required to calculate each year the average specific emissions of CO2 and the specific emissions target for each manufacturer of light commercial vehicles in the Union. On the basis of that calculation, the Commission is to determine whether manufacturers and pools of manufacturers have complied with their specific emissions targets.\n(2)\nPursuant to Article 4 of Regulation (EU) No 510/2011 the average specific emissions of manufacturers for 2016 are calculated in accordance with the third paragraph of that Article and take into account 80 % of the manufacturer's new light commercial vehicles registered in that year.\n(3)\nThe detailed data to be used for the calculation of the average specific emissions and the specific emissions targets are based on Member States' registrations of new light commercial vehicles during the preceding calendar year. Where light commercial vehicles are type-approved in a multi-stage process, the manufacturer of the base vehicle take responsibility for the CO2 emissions of the completed vehicle.\n(4)\nAll Member States submitted the 2016 data the Commission in accordance with Article 8(2) of Regulation (EU) No 510/2011. Where, as a result of the verification of the data by the Commission, 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 were not adjusted.\n(5)\nOn 18 May 2017, the Commission published the provisional data and notified 62 manufacturers of the provisional calculations of their average specific emissions of CO2 and their specific emissions targets in 2016. Manufacturers were asked to verify the data and to notify the Commission of any errors within three months of receipt of the notification. 23 manufacturers submitted notifications of errors.\n(6)\nFor the remaining 39 manufacturers that did not notify any errors in the datasets or respond otherwise, the provisional data and provisional calculations of the average specific emissions and the specific emissions targets should be confirmed.\n(7)\nThe Commission has verified the errors notified by the manufacturers and the respective reasons for their correction and the dataset has been confirmed or amended.\n(8)\nIn the case of records without matching vehicle identification numbers and with missing or incorrect identification parameters, such as type, variant, version code or type-approval number, the fact that manufacturers cannot verify or correct those records should be taken into account. As a consequence, it is appropriate to apply an error margin to the CO2 emissions and mass values in those records.\n(9)\nThe error margin should be calculated as the difference between the distances to the specific emissions target expressed as the specific emissions targets subtracted from the average specific emissions 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 improve the manufacturer's position with regard to its specific emissions target.\n(10)\nIn accordance with Article 10(2) of Regulation (EU) No 510/2011, a manufacturer should be considered as compliant with its specific emissions target referred to in Article 4 of that Regulation where the average emissions indicated in this Decision are lower than the specific emissions target, expressed as a negative distance to target. Where the average emissions exceed the specific emissions target, an excess emission premium are to be imposed, unless the manufacturer concerned benefits from an exemption from that target or is a member of a pool and the pool complies with its specific emissions target.\n(11)\nOn 3 November 2015 the Volkswagen Group made a statement to the effect that irregularities had been found when determining type approval CO2 levels of some of their vehicles. While that issue has been thoroughly investigated, the Commission nevertheless finds that further clarifications are needed from the Volkswagen pool as a whole as well as a confirmation by the relevant national type approval authorities of the absence of any such irregularities. As a consequence the values for the Volkswagen pool and its members (Audi AG, Dr. Ing. h.c.F. Porsche AG, Quattro GmbH, Seat S.A., Skoda Auto A.S., and Volkswagen AG) cannot be confirmed or amended.\n(12)\nThe Commission reserves the right to revise the performance of a manufacturer as confirmed or amended by this Decision, should the relevant national authorities confirm the existence of irregularities in the CO2 emission values used for the purpose of determining the manufacturer's compliance with the specific emissions target.\n(13)\nThe provisional calculation of the average specific emissions of CO2 from new light commercial vehicles registered in 2016, the specific emissions targets and the difference between those two values should be confirmed or amended accordingly,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 145, 31.5.2011, p. 1."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2018/143/introduction",
    "retrieved_at": "2026-11-01T15:13:12.620100+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}