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Document 02011R0063-20190305
Commission Regulation (EU) No 63/2011 of 26 January 2011 laying down detailed provisions for the application for a derogation from the specific CO2 emission targets pursuant to Article 11 of Regulation (EC) No 443/2009 of the European Parliament and of the Council (Text with EEA relevance)Text with EEA relevance
Consolidated text: Commission Regulation (EU) No 63/2011 of 26 January 2011 laying down detailed provisions for the application for a derogation from the specific CO2 emission targets pursuant to Article 11 of Regulation (EC) No 443/2009 of the European Parliament and of the Council (Text with EEA relevance)Text with EEA relevance
Commission Regulation (EU) No 63/2011 of 26 January 2011 laying down detailed provisions for the application for a derogation from the specific CO2 emission targets pursuant to Article 11 of Regulation (EC) No 443/2009 of the European Parliament and of the Council (Text with EEA relevance)Text with EEA relevance
02011R0063 — EN — 05.03.2019 — 001.001
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COMMISSION REGULATION (EU) No 63/2011 of 26 January 2011 laying down detailed provisions for the application for a derogation from the specific CO2 emission targets pursuant to Article 11 of Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 023 27.1.2011, p. 16) |
Amended by:
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COMMISSION DELEGATED REGULATION (EU) 2019/248 of 13 November 2018 |
L 42 |
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13.2.2019 |
COMMISSION REGULATION (EU) No 63/2011
of 26 January 2011
laying down detailed provisions for the application for a derogation from the specific CO2 emission targets pursuant to Article 11 of Regulation (EC) No 443/2009 of the European Parliament and of the Council
(Text with EEA relevance)
Article 1
Subject matter
This Regulation specifies the information to be provided by manufacturers for the purpose of demonstrating that the conditions for a derogation pursuant to Article 11(1) or (4) of Regulation (EC) No 443/2009 are satisfied.
Article 2
Definitions
In addition to the definitions set out in Articles 2 and 3 of Regulation (EC) No 443/2009, the following definitions shall apply:
‘applicant’ means a manufacturer within the meaning of Article 11(1) or (4) of Regulation (EC) No 443/2009;
‘vehicle characteristics’ means the features of the vehicle, including mass, its specific CO2 emissions, the number of seats, engine performance, power to mass ratio and top speed;
‘characteristics of the market’ means information on vehicle characteristics, and names and price ranges of cars directly competing with the vehicles for which a derogation is sought;
‘own production facility’ means a manufacturing or assembly plant used solely by the applicant for the purpose of manufacturing or assembling new passenger cars exclusively for that manufacturer, including, where relevant, passenger cars which are intended for export;
‘own design centre’ means a facility in which the whole vehicle is designed and developed, and which is under the control and exclusive use of the applicant.
Article 3
Application for a derogation pursuant to Article 11(1) and (4) of Regulation (EC) No 443/2009
Article 4
Information on eligibility criteria
The applicant shall provide the following information on the eligibility criteria:
information on the ownership structure of the manufacturer or group of connected manufacturers, together with the relevant declaration set out in Annex III;
for the manufacturer applying for a derogation pursuant to Article 11(1) of Regulation (EC) No 443/2009, or the group of connected manufacturers in accordance with point (b) of Article 11(1) of that Regulation, or for the member of a group of connected manufacturers in accordance with point (c) of Article 11(1) of that Regulation, the number of passenger cars officially registered in the Union in the three calendar years preceding the date of application, or where such data is not available, one of the following:
Article 5
Specific emissions target and reduction potential pursuant to Article 11(2) of Regulation (EC) No 443/2009
The applicant shall provide the following information on its activity:
for the calendar year preceding the date of application, the number of employees and the size of the production facility in square metres;
the operational model of the production facility specifying which design and production activities are performed by the applicant or outsourced;
in the case of a connected undertaking, if the technology is shared by the manufacturers, and which activities are outsourced;
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;
the characteristics of their market;
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.
The applicant shall provide the following information on its technological potential:
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;
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.
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.
The reduction programme shall specify the following:
the timetable for introduction of CO2 reducing technologies in the applicant’s fleet;
the estimated Union registrations per year for the period of the derogation and the expected average specific emissions of CO2 and average mass;
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.
Article 6
Reduction target for a derogation pursuant to Article 11(4) of Regulation (EC) No 443/2009
Article 7
Assessment by the Commission
In the case of a rejection due to the incompleteness of the application or due to the Commission finding the proposed specific emissions target inconsistent with the applicant’s reduction potential, the applicant may submit a completed or revised application for a derogation.
Article 8
Public access to information
The exception from the right to public access to documents set out in Article 4(2) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council ( 1 ) shall be deemed to apply to the following types of information:
details of the reduction programme referred to in Article 5, and in particular details concerning the development of the manufacturer’s product portfolio;
expected impacts of CO2 reducing technologies on the production costs, purchase prices of vehicles and profitability of the company.
Article 9
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Standard format of the application for a derogation to be submitted by manufacturers meeting the criteria of Article 11(1) of Regulation (EC) No 443/2009
The electronic version of the application shall be sent to the following email address:
EC-CO2-LDV-IMPLEMENTATION@ec.europa.eu
1. Name, address and contact person for the manufacturer or group of connected manufacturers
Names of manufacturer |
Postal address |
Contact person name |
Contact person email |
Contact person telephone number |
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2. Eligibility criteria
2.1. |
Is the applicant part of a group of connected manufacturers? YES (declaration set out in Annex III to be attached) NO |
2.2. |
Is the applicant part of a group of connected manufacturers but operates its own production facilities and design centre? YES (declaration set out in Annex III to be attached; see point 2.3) NO (see point 2.4 and 2.5) |
2.3. |
Number of registrations in the Union if the application refers to an unconnected manufacturer or connected manufacturer that operates its own production facilities and own design centre: 2.3.1. Official figure in three calendar years preceding the date of application
2.3.2. Where the official figure referred to in point 2.3.1 is not available for the period referred to therein, an estimate based on verifiable data
2.3.3. Where the figures in point 2.3.1 and 2.3.2 are not available for that period, the figures for the last calendar year for which such data is available
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2.4. |
If the application refers to a group of connected manufacturers please provide the following:
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2.5. |
Number of registrations in the Union of a group of connected manufacturers if the application refers to a group of connected manufacturers and the applicant does not operate its own production facilities and own design centre: 2.5.1. Official figure in three calendar years preceding the date of application
2.5.2. Where the official figure referred to in point 2.5.1 is not available for the period referred to therein, an estimate based on verifiable data
2.5.3. Where the figures in point 2.5.1 and 2.5.2 are not available for that period, the figure for the last calendar year for which such data is available
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3. Requested duration of the derogation
Number of calendar years (maximum 5) |
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4. Proposal for a specific emissions target calculated as fleet average for the period of derogation or separate specific emissions targets in case of yearly reductions (in g CO2/km)
Year |
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Average specific emission target (g CO2/km) |
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5. Company specific information
5.1. Average specific emissions of CO2 in 2007 if not included in Annex IV (or if not available in the following calendar year closest to 2007)
5.2. Number of employees in the calendar year preceding the date of application
5.3. Size of the production facility in square metres in the calendar year preceding the application
5.4. Sales volumes for five years preceding the date of application
Year |
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Sales volumes |
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5.5. Yearly turnover for five years preceding the date of application
Year |
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Turnover |
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5.6. Characteristics of the market
Information on planned products, not available on the market at the time of the application, should be provided in the confidential section of this application.
the vehicle characteristics;
the names and price ranges of directly competing vehicles in the year preceding the date of application;
the price list of vehicles that are to be covered by the derogation in the calendar year preceding the date of application or in the closest year to the date of application.
5.7. Brief description of the operational model of the production facility
CONFIDENTIAL SECTION OF THE APPLICATION
5.8. Net profit for five years preceding the date of application
Year |
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Net profit |
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5.9. R & D spending over five years preceding the date of application
Year |
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R & D spending |
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5.10. Net financial transfers to the parent company in case of connected undertakings during five years preceding the date of application
Year |
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Net transfers |
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6. Details of the passenger cars to be launched on the Union market for which the applicant will be responsible
6.1. Characteristics of the market
6.1.1. |
Vehicle characteristics; |
6.1.2. |
Names and price ranges of directly competing vehicles in the year preceding the date of application; |
6.1.3. |
Expected price list of vehicles to be covered by the derogation. |
7. Applicant’s technological potential
7.1. |
List of CO2 reducing technologies deployed in the applicant’s fleet in 2007; |
7.2. |
Where the list referred to in point 7.1 is not available, the list for the following year closest to 2007; |
7.3. |
In case of applicants planning to enter the Union market, the list referred to in point 7.1 should be provided for the first year of the derogation. |
8. Applicant’s reduction programme
8.1. |
Timetable for deployment of CO2 reducing technologies in the fleet; |
8.2. |
Expected fleet average during the period of derogation:
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8.3. |
CO2 reducing technologies to be deployed in the applicant’s fleet under the reduction programme; |
8.4. |
The additional costs per vehicle version of the technologies to be deployed as part of the programme; |
8.5. |
In the case of yearly targets, yearly improvement of specific CO2 emissions of the vehicle versions for which CO2 reducing technologies are introduced. |
ANNEX II
Standard format of the application for derogation to be submitted by manufacturers meeting the criteria of Article 11(4) of Regulation (EC) No 443/2009
PUBLIC SECTION OF THE APPLICATION
1. Name, address and contact person for the manufacturer or group of connected manufacturers
Names of manufacturer |
Postal address |
Contact person name |
Contact person e-mail |
Contact person telephone number |
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2. Eligibility criteria
2.1. |
Is the applicant part of a group of connected manufacturers? YES (declaration set out in Annex III to be attached; see point 2.3) NO (see point 2.2) |
2.2. |
Number of registrations in the Union if the application refers to unconnected manufacturer: 2.2.1. Official figure in the last calendar year preceding the date of application
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2.3. |
If the application refers to a group of connected manufacturers: 2.3.1. The names of connected manufacturers
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3. Details of the passenger cars for which the applicant is responsible
Information on planned products, not available on the market at the time of the application, should be provided in the confidential section of this application.
3.1. |
Average specific CO2 emissions in 2007 if not included in Annex IV to this Regulation |
3.2. |
If data for 2007 is not available, the following:
(a)
registrations in the Union, or an estimate based on verifiable data if official figures not available at the time of application, in the calendar year closest to 2007;
(b)
the vehicle characteristics for all types of cars;
(c)
the list of cars grouped per vehicle class as set out in Annex V. |
4. Specific emissions target of 25 % reduction from the 2007 baseline
CONFIDENTIAL SECTION OF THE APPLICATION
5. Details of the passenger cars to be launched on the Union market by the applicant (concerns manufacturers not included in Annex IV)
5.1. |
Vehicle characteristics of all cars |
5.2. |
List of cars grouped per vehicle class as set out in Annex V |
5.3. |
Expected EU registrations of vehicles in the first year of the derogation |
ANNEX III
Standard format of the declaration stating the structure of ownership
Article 11(1)(a) of Regulation (EC) No 443/2009
I hereby declare that I am legally empowered to represent [name] (the manufacturer) applying for a derogation as foreseen in Article 11(1) of Regulation (EC) No 443/2009 which is not part of a group of connected manufacturers as defined in Article 3(2) thereof. To the best of my knowledge the [name] (the manufacturer) is eligible to apply for a derogation as foreseen in Article 11(1) of Regulation (EC) No 443/2009 and that the information contained in the application is true and accurate. Information on the ownership structure of [name] (the manufacturer) is annexed.
Signature |
Date |
Director of [manufacturer] |
Article 11(1)(b) or 11(4)(a) of Regulation (EC) No 443/2009
I hereby declare that I am legally empowered to represent [name] (the manufacturer) applying for a derogation as foreseen in Article 11[(1)] [(4)] ( *1 ) of Regulation (EC) No 443/2009 which is part of a group of connected manufacturers as defined in Article 3(2) thereof. To the best of my knowledge the [name] (the manufacturer) is eligible to apply for a derogation as foreseen in Article 11[(1)] [(4)]) (*1) of Regulation (EC) No 443/2009 and that the information contained in the application is true and accurate. Information on the ownership structure of [name] (the manufacturer) is annexed.
Signature |
Date |
Director of [manufacturer] |
Article 11(1)(c) of Regulation (EC) No 443/2009
I hereby declare that I am legally empowered to represent [name] (the manufacturer) applying for a derogation as foreseen in Article 11 of Regulation (EC) No 443/2009 which is part of a group of connected manufacturers as defined in Article 3(2) thereof but operates its own production facilities and design centre as defined in Article 2 of Commission Regulation (EC) No 000 To the best of my knowledge the [name] (the manufacturer) is eligible to apply for a derogation as foreseen in Article 11[(1)] of Regulation (EC) No 443/2009 and that the information contained in the application is true and accurate. Information on the ownership structure of [name] (the manufacturer) is annexed.
Signature |
Date |
Director of [manufacturer] |
ANNEX IV
List of Union average specific CO2 emissions in 2007 per manufacturer
Manufacturer |
Average emissions [g/km] |
AIXAM |
164,000 |
ALPINA |
219,932 |
AM GENERAL |
357,000 |
ASTON MARTIN |
377,860 |
AUDI |
184,752 |
AUSTIN |
450,000 |
AUTOMOBILES DANGEL |
153,000 |
AVTOVAZ |
216,632 |
BEAUFORD |
208,000 |
BENTLEY |
411,664 |
BMW |
171,684 |
BRABUS |
246,000 |
BRONTO |
233,000 |
BUGATTI |
577,667 |
CATERHAM |
236,088 |
CHRYSLER |
226,141 |
CITROEN |
142,536 |
DACIA |
154,650 |
DAIHATSU |
153,070 |
DAIMLER |
182,524 |
DIAMOND |
260,000 |
DONKERVOORT |
194,000 |
DR MOTOR COMPANY |
193,048 |
FERRARI |
434,860 |
FIAT |
141,496 |
FORD |
149,343 |
FUJI HEAVY INDUSTRIES |
219,488 |
GEELY |
183,000 |
GENERAL MOTORS |
►M1 283,689 ◄ |
GM DAEWOO |
160,071 |
GUMPERT |
342,000 |
GWM |
253,480 |
HC & E |
220,000 |
HONDA |
157,613 |
HYUNDAI |
162,046 |
ISUZU |
176,133 |
IVECO |
224,770 |
JAGUAR |
208,219 |
KIA |
157,239 |
LAMBORGHINI |
424,087 |
LAND ROVER |
250,399 |
LOTUS |
208,399 |
MAGYAR SUZUKI |
156,280 |
MASERATI |
354,687 |
MAZDA |
172,568 |
MG |
186,801 |
MICHALAK |
117,000 |
MICROCAR |
178,000 |
MITSUBISHI |
174,649 |
MK SPORTSCARS |
117,000 |
MORGAN |
202,324 |
NETHERLANDS CAR |
141,061 |
NISSAN |
168,408 |
OPEL |
153,699 |
OSV |
135,915 |
PERODUA |
138,135 |
PEUGEOT |
142,205 |
PGO |
201,767 |
PILGRIM |
193,000 |
PORSCHE |
287,710 |
PROTON |
155,185 |
QUADZILLA |
176,000 |
QUATTRO |
290,774 |
RENAULT |
146,893 |
ROLLS ROYCE |
394,526 |
ROVER |
188,399 |
RUF |
327,000 |
SAAB |
190,444 |
SALVADOR CAETANO |
224,000 |
SANTANA |
165,965 |
SEAT |
151,184 |
SHUANGHUAN |
270,000 |
SKODA |
149,387 |
SOVAB |
233,822 |
SSANGYONG |
223,430 |
SUZUKI |
166,012 |
TATA |
168,310 |
TIGER |
244,000 |
TOYOTA |
150,634 |
TVR |
397,500 |
UAZ |
314,000 |
VM |
185,000 |
VOLKSWAGEN |
162,152 |
VOLVO |
189,616 |
WIESMANN |
310,000 |
ANNEX V
Baseline emissions based on the 2007 best available technology and 25 % reduction target of specific emissions of CO2 for each vehicle class
Vehicle class |
Mass (1) class |
Power to mass class |
Baseline emissions [g/km] |
CO2 target [g/km] |
1 |
1 |
low |
108 |
81 |
2 |
1 |
medium |
118 |
89 |
3 |
1 |
high |
153 |
115 |
4 |
2 |
low |
119 |
89 |
5 |
2 |
medium |
138 |
104 |
6 |
2 |
high |
153 |
115 |
7 |
3 |
low |
121 |
91 |
8 |
3 |
medium |
136 |
102 |
9 |
3 |
high |
150 |
113 |
10 |
4 |
low |
131 |
98 |
11 |
4 |
medium |
144 |
108 |
12 |
4 |
high |
162 |
122 |
13 |
5 |
low |
147 |
110 |
14 |
5 |
medium |
152 |
114 |
15 |
5 |
high |
179 |
134 |
(1)
Mass in running order as defined in Regulation (EC) No 443/2009. |
Mass class |
Range [kg] |
1 |
0-1 225 kg |
2 |
1 226 -1 375 kg |
3 |
1 376 -1 475 kg |
4 |
1 476 -1 625 kg |
5 |
1 626 + kg |
Power to mass class |
Range [W/kg] |
Low |
0-65 W/kg |
Medium |
66-85 W/kg |
High |
86+ |
( 1 ) OJ L 145, 31.5.2001, p. 43.
( *1 ) Identify the applicable paragraph.