Commission Delegated Regulation (EU) No 114/2013 of 6 November 2012 supplementing Regulation (EU) No 510/2011 of the European Parliament and of the Council with regard to rules for the application for a derogation from the specific CO 2 emissions targets for new light commercial vehicles Text with EEA relevance

Article 1

Subject matter

This Regulation specifies the information to be provided by applicants for the purpose of demonstrating that the conditions for a derogation pursuant to Article 11(1) of Regulation (EU) No 510/2011 are satisfied.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply in addition to the definitions set out in Articles 2 and 3 of Regulation (EU) No 510/2011:

(1) ‘applicant’ means a manufacturer within the meaning of Article 11(1) of Regulation (EU) No 510/2011;

(2) ‘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;

(3) ‘characteristics of the market’ means information on vehicle characteristics, and names and price ranges of light commercial vehicles directly competing with the vehicles for which a derogation is sought;

(4) ‘own production facility’ means a manufacturing or assembly plant used solely by the applicant for the purpose of manufacturing or assembling new light commercial vehicles exclusively for that applicant, including, where relevant, light commercial vehicles which are intended for export;

(5) ‘own design centre’ means a facility in which the whole vehicle is designed and developed, and which is under the control of and for the exclusive use of the applicant.

Article 3

Application for a derogation pursuant to Article 11(1) of Regulation (EU) No 510/2011

An application for a derogation pursuant to Article 11(1) of Regulation (EU) No 510/2011 shall be submitted by the applicant in accordance with the format specified in Annex I to this Regulation, and shall include the information set out in Article 4 and Article 5 of this Regulation.

Article 4

Information on eligibility criteria

The applicant shall provide the following information on the eligibility criteria:

(a) information on the ownership structure of the manufacturer or group of connected manufacturers, together with the relevant declaration set out in Annex II;

(b) the number of new light commercial vehicles officially registered in the Union in the three calendar years preceding the date of application for which the applicant is responsible, or where such data is not available, one of the following: (i) an estimate, based on verifiable data, of the number of new light commercial vehicles registered in the period referred to in the introductory phrase for which the applicant is responsible; (ii) if no light commercial vehicles were registered in the period referred to in the introductory phrase, the number of new light commercial vehicles registered in the last calendar year for which such data is available.

Article 5

Specific emissions target and reduction potential pursuant to Article 11(2) of Regulation (EU) No 510/2011

The applicant shall provide the following information on its activities:

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

(b) the operational model of the production facility specifying which design and production activities are performed by the applicant and which are 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 research and development spending on CO2-reducing technologies, and in the case of a connected undertaking, the net transfers to the parent company;

(e) the characteristics of its market;

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

The information referred to in point (d) of the first subparagraph 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 to reduce its specific emissions of CO2:

(a) the list of CO2 reducing technologies used in its light commercial vehicles deployed on the market in 2010 or, where those data are not available, for the following year closest to 2010, 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 light commercial vehicles under the programme for the reduction of specific emissions of CO2 and the additional costs of these technologies for each vehicle version covered by the application.

The applicant shall, in accordance with its reduction potential, propose one of the following targets:

(a) a specific emissions target that ensures that the average specific emissions of CO2 at the expiry of the derogation period are reduced in comparison to the average specific emissions of CO2 referred to in paragraph 1;

(b) a yearly specific emissions target for each year of the derogation period that is determined so that the average specific CO2 emissions during the whole derogation period are reduced in comparison to the average specific emissions of CO2 referred to in paragraph 1.

The programme for the reduction of specific emissions of CO2 shall specify the following:

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

(b) the estimated new light commercial vehicles registered in the Union 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.

Article 6

Assessment by the Commission

If the Commission finds that the application is incomplete, additional information may be requested. Where the additional information is not submitted within the time period specified in the request, the Commission may reject the application.

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 7

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 shall be deemed to apply to the following types of information:

(a) details of the programme for the reduction of specific emissions of CO2 referred to in Article 5, and in particular details concerning the development of the applicant’s product portfolio;

(b) expected impacts of CO2 reducing technologies on the production costs, purchase prices of vehicles and profitability of the company.

Article 8

This Regulation shall enter into force on the 20th following that of 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 of light commercial vehicles meeting the criteria of Article 11(1) of Regulation (EU) No 510/2011

The electronic version of the application shall be sent to the following e-mail address:

EC-CO2-LDV-IMPLEMENTATION@ec.europa.eu

1. Name, address and contact person for the manufacturer or group of connected manufacturers

Name of manufacturer	Postal address	Contact person name	Contact person e-mail	Contact person telephone number

2. Name, address and contact person for the manufacturer’s EU Representative (Only in case if a manufacturer is established outside the EU)

Name of the manufacturer’s EU representative	Postal address	Contact person name	Contact person e-mail	Contact person telephone number

3. Eligibility criteria

YES (declaration set out in Annex II to be attached)

NO

YES (declaration set out in Annex II to be attached; see point 3.3)

NO (see points 3.4 and 3.5)

Year
Number of new EU registrations
Year
---	---	---	---
Number of new EU registrations
Year
---	---	---	---
Number of new EU registrations
Names of manufacturers	Postal Address	Contact person name	Contact person e-mail
---	---	---	---
Year
---	---	---	---
Number of new EU registrations
Year
---	---	---	---
Number of new EU registrations
Year
---	---	---	---
Number of new EU registrations

4. Requested duration of the derogation

Number of calendar years (maximum 5)

5. 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
Average specific emission target (g CO2/km)

6. Company specific information

Year
Sales volumes
Year
---	---	---	---	---	---
Turnover

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:

(a) the vehicle characteristics;

(b) the names and price ranges of directly competing vehicles in the year preceding the date of application;

(c) 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.

CONFIDENTIAL SECTION OF THE APPLICATION

Year
Net profit
Year
---	---	---	---	---	---
R&D spending
Year
---	---	---	---	---	---
Net transfers

7. Details of the light commercial vehicles to be launched on the Union market for which the applicant will be responsible

8. Applicant’s technological potential to reduce its specific emissions of CO2

9. Applicant’s programme for the reduction of specific emissions of CO2

ANNEX II

Standard format of the declaration stating the structure of ownership

Article 11(1)(a) of Regulation (EU) No 510/2011

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 (EU) No 510/2011 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 (EU) No 510/2011 and 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) of Regulation (EU) No 510/2011

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 (EU) No 510/2011 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) of Regulation (EU) No 510/2011 and 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 (EU) No 510/2011

I hereby declare that I am legally empowered to represent [name] (the manufacturer) applying for a derogation as foreseen in Article 11 of Regulation (EU) No 510/2011 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 Delegated Regulation (EU) No 114/2013. 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 (EU) No 510/2011 and 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 III

Make	Average emissions, (g/km)
Citroën	158,96
Dacia	154,13
Fiat	159,99
Ford	202,00
Giotti victoria	167,59
Great wall	225,00
Hyundai	219,73
Isuzu	223,86
Iveco	229,05
Jeep	240,17
Kia	193,29
Land rover	276,93
LDV	234,60
Mazda	247,08
Mercedes	226,29
Mitsubishi	221,87
Mitsubishi fuso	286,83
Nissan	214,11
Opel	183,30
Peugeot	156,84
Piaggio	177,00
Renault	165,47
Renault trucks	250,11
Skoda	136,13
Ssangyong	222,72
Tata	223,00
Toyota	215,41
Vauxhall	162,09
Volkswagen	193,43
Volvo	186,40