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.
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
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
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having 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(1), and in particular Article 11(7) thereof,
Whereas:
According to Article 11 of Regulation (EU) No 510/2011 small-volume manufacturers (hereinafter ‘applicants’) may apply for alternative emissions reduction targets that must be consistent with their reduction potential, including the economic and technological potential to reduce their specific emissions of CO2, and take into account the characteristics of the market for the types of new light commercial vehicles concerned.
In determining the applicant’s reduction potential, the applicant’s economic and technological potential should be assessed. For that purpose the applicant should provide detailed information on its economic activities as well as information on CO2 reducing technologies used in light commercial vehicles. The information requested includes data that is readily available to the applicant and should not entail an additional administrative burden.
In order to provide the applicants with a clear baseline to be used for setting the specific emissions targets, it is appropriate to use the most recent available data regarding average specific CO2 emissions in 2010. Where those data do not exist the target should be compared to the data regarding average specific CO2 emissions in the following calendar year closest to 2010.
In order to facilitate the application, a list of manufacturers and their average specific CO2 emissions in the Union in 2010 should be provided. The list has been drawn up following a formal consultation with the Member States and the main stakeholders in the group of experts for policy development and implementation of CO2 from road vehicles on 9 July 2012.
In order to take into account the limited amount of products offered by some applicants and resulting limited scope for distribution of the effort to reduce average specific CO2 emissions over the fleet, the applicants should be allowed to choose between a single yearly specific emission target for the period of derogation or different yearly targets, resulting in a reduction from the 2010 baseline at the end of the derogation period.
In accordance with 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 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(2) certain information contained in the application for derogation should be exempted from public access where disclosure of this information would undermine the protection of commercial interest, in particular information on the applicant’s product planning, expected costs and impacts on the profitability of the company. The decisions granting derogations will be published by the Commission on the internet,
HAS ADOPTED THIS REGULATION:
Article 1 Subject matter
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:
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‘applicant’ means a manufacturer within the meaning of Article 11(1) of Regulation (EU) No 510/2011;
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‘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;
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‘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;
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‘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;
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‘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:
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information on the ownership structure of the manufacturer or group of connected manufacturers, together with the relevant declaration set out in Annex II;
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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:
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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;
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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.
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