
Article 1 
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 
In addition to the definitions set out in Articles 2 and 3 of Regulation (EC) No 443/2009, the following definitions shall apply:

((a)) ‘applicant’ means a manufacturer within the meaning of Article 11(1) or (4) of Regulation (EC) No 443/2009;
((b)) ‘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;
((c)) ‘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;
((d)) ‘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;
((e)) ‘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 

1. An application for a derogation pursuant to Article 11(1) of Regulation (EC) No 443/2009 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(1) and Article 5 of this Regulation.
2. An application for a derogation pursuant to Article 11(4) of Regulation (EC) No 443/2009 shall be submitted by the applicant in accordance with the format specified in Annex II to this Regulation, and shall include the information set out in Article 4(2) and Article 6 of this Regulation.
Article 4 

1. 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 III;
(b) 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:
— an estimate based on verifiable data of the number of cars registered in the period referred to in point (b) for which the applicant is responsible,
— if no cars were registered in the period referred to in point (b), the number of cars registered in the last calendar year for which such data is available.
2. An applicant applying for a derogation pursuant to Article 11(4) of Regulation (EC) No 443/2009 shall provide the data referred to in point (b) of paragraph 1 of this Article only for the calendar year preceding the date of application.
Article 5 

1. The applicant shall provide the average specific CO2 emissions of its passenger cars registered in 2007, unless the average specific CO2 emissions for that year are listed in Annex IV to this Regulation. Where this information is not available, the applicant shall provide the average specific CO2 emissions of its passenger cars registered in the following calendar year closest to 2007.
2. The applicant shall provide the following information on its activity:
(a) for the calendar year preceding the date of application, the number of employees and the size of the production facility in square metres;
(b) the operational model of the production facility specifying which design and production activities are performed by the applicant or 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 R & D spending, and in the case of a connected undertaking, the net transfers to the parent company;
(e) the characteristics of their market;
(f) 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.
3. The applicant shall provide the following information on its technological potential:
(a) 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;
(b) 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.
4. The applicant shall in accordance with its reduction potential propose a specific emissions target for the period of the derogation. The applicant may also propose yearly specific emissions targets.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.
5. The specific emissions target or yearly specific emissions targets proposed by the applicant in accordance with point (d) of Article 11(2) of Regulation (EC) No 443/2009 shall be accompanied by a programme of reduction for the new fleet’s specific CO2 emissions.The reduction programme shall specify the following:
(a) the timetable for introduction of CO2 reducing technologies in the applicant’s fleet;
(b) the estimated Union registrations 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.
6. The applicant’s compliance with a specific emissions target or yearly specific emissions targets shall be assessed in accordance with Article 9 of Regulation (EC) No 443/2009 each year during the derogation period.
Article 6 

1. The applicant shall provide the average specific CO2 emissions of its passenger cars registered in 2007, unless the average specific CO2 emissions for that year are listed in Annex IV to this Regulation.
2. The reduction target determined in accordance with Article 11(4) of Regulation (EC) No 443/2009 shall apply in relation to the baseline average specific CO2 emissions as set out in paragraph 1.
3. Where information on a manufacturer’s average specific CO2 emissions in 2007 does not exist, the applicant shall provide information on the vehicle characteristics for all types of cars manufactured by him as well as the number of cars manufactured by the applicant that the applicant expects to be registered in the Union in the first year of the derogation. The applicant shall indicate for all variants of cars to which of the vehicle classes specified in the table in Annex V the variant belongs.
4. The specific emissions target shall be calculated annually based on the 25 % reduction from the baseline for each vehicle class set out in Annex V.
Article 7 

1. Where the Commission has raised no objections within nine months of official receipt of a complete application pursuant to Article 11(1) or Article 11(4) of Regulation (EC) No 443/2009 the relevant conditions for applying the derogation shall be deemed to be satisfied. 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.
2. Applications shall be sent in printed and electronic versions and be addressed to the Secretariat General of the European Commission, 1049 Brussels, Belgium, marked ‘Derogation under Regulation (EC) No 443/2009’. The electronic version shall be also sent to the functional mailbox specified in Annex I.
3. Where information contained in the application is found to be incorrect or inaccurate, the decision to grant a derogation shall be revoked.
Article 8 

1. An applicant that considers that information submitted in the application should not be disclosed in accordance with Article 11(9) of Regulation (EC) No 443/2009 shall indicate this in the application and justify why disclosure would undermine the protection of the commercial interests of the applicant, including intellectual property.
2. 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 shall be deemed to apply to the following types of information:
(a) details of the reduction programme referred to in Article 5, and in particular details concerning the development of the manufacturer’s product portfolio;
(b) expected impacts of CO2 reducing technologies on the production costs, purchase prices of vehicles and profitability of the company.
Article 9 
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.Done at Brussels, 26 January 2011.
For the Commission
The President
José Manuel BARROSO
ANNEX I
The electronic version of the application shall be sent to the following email address:
EC-CO2-LDV-IMPLEMENTATION@ec.europa.eu
 1. 

Names of manufacturer Postal address Contact person name Contact person email Contact person telephone number
    
 2.  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. 

Year   
Number of EU registrations   
 2.3.2. 

Year   
Number of EU registrations   
 2.3.3. 

Year 
Number of EU registrations 
 2.4. If the application refers to a group of connected manufacturers please provide the following:

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

Year   
Number of EU registrations   
 2.5.2. 

Year   
Number of EU registrations   
 2.5.3. 

Year 
Number of EU registrations 
 3. 

Number of calendar years (maximum 5) 
 4. 

Year     
Average specific emission target (g CO2/km)     
 5.  5.1.  5.2.  5.3.  5.4. 

Year     
Sales volumes     
 5.5. 

Year     
Turnover     
 5.6. 
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.
 5.7.  5.8. 

Year     
Net profit     
 5.9. 

Year     
R & D spending     
 5.10. 

Year     
Net transfers     
 6.  6.1.  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.  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.  8.1. Timetable for deployment of CO2 reducing technologies in the fleet;
 8.2. Expected fleet average during the period of derogation:
 8.2.1. Union registrations per year during the period of derogation
 8.2.2. Expected average mass of vehicles to be launched on the Union market
 8.2.3. Expected average specific CO2 emissions of vehicles to be launched on the Union market
 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 1. 

Names of manufacturer Postal address Contact person name Contact person e-mail Contact person telephone number
    
 2.  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. 

Year 
Number of EU registrations 
 2.2.2. Where the official figure referred to in point 2.2.1 is not available for the period referred to therein, an estimate based on verifiable data

Year 
Number of EU registrations 
 2.2.3. Where the figures in point 2.2.1 and 2.2.2 are not available for that period, the figure for the last calendar year for which such data is available

Year 
Number of EU registrations 
 2.3. If the application refers to a group of connected manufacturers:
 2.3.1.  2.3.2. The number of registrations in the Union in the calendar year preceding the date of application of a group of connected manufacturers

Year 
Number of EU registrations 
 2.3.3. Where the figure referred to in point 2.3.2 is not available, the figure or an estimate based on verifiable data for the last calendar year for which such data is available

Year 
Number of EU registrations 
 3. 
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.  5.  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
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]

I hereby declare that I am legally empowered to represent [name] (the manufacturer) applying for a derogation as foreseen in Article 11[(1)] [(4)] 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)]) 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]

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
Manufacturer Average emissions [g/km]
AIXAM 164,0
ALPINA 219,932
AM GENERAL 357,0
ASTON MARTIN 377,86
AUDI 184,752
AUSTIN 450,0
AUTOMOBILES DANGEL 153,0
AVTOVAZ 216,632
BEAUFORD 208,0
BENTLEY 411,664
BMW 171,684
BRABUS 246,0
BRONTO 233,0
BUGATTI 577,667
CATERHAM 236,088
CHRYSLER 226,141
CITROEN 142,536
DACIA 154,65
DAIHATSU 153,07
DAIMLER 182,524
DIAMOND 260,0
DONKERVOORT 194,0
DR MOTOR COMPANY 193,048
FERRARI 434,86
FIAT 141,496
FORD 149,343
FUJI HEAVY INDUSTRIES 219,488
GEELY 183,0
GENERAL MOTORS 159,604
GM DAEWOO 160,071
GUMPERT 342,0
GWM 253,48
HC & E 220,0
HONDA 157,613
HYUNDAI 162,046
ISUZU 176,133
IVECO 224,77
JAGUAR 208,219
KIA 157,239
LAMBORGHINI 424,087
LAND ROVER 250,399
LOTUS 208,399
MAGYAR SUZUKI 156,28
MASERATI 354,687
MAZDA 172,568
MG 186,801
MICHALAK 117,0
MICROCAR 178,0
MITSUBISHI 174,649
MK SPORTSCARS 117,0
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 193,0
PORSCHE 287,71
PROTON 155,185
QUADZILLA 176,0
QUATTRO 290,774
RENAULT 146,893
ROLLS ROYCE 394,526
ROVER 188,399
RUF 327,0
SAAB 190,444
SALVADOR CAETANO 224,0
SANTANA 165,965
SEAT 151,184
SHUANGHUAN 270,0
SKODA 149,387
SOVAB 233,822
SSANGYONG 223,43
SUZUKI 166,012
TATA 168,31
TIGER 244,0
TOYOTA 150,634
TVR 397,5
UAZ 314,0
VM 185,0
VOLKSWAGEN 162,152
VOLVO 189,616
WIESMANN 310,0
ANNEX V

Vehicle class Mass 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

— The mass classes correspond to the following (rounded to the nearest integer):

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
— The power to mass classes correspond to the following (rounded to the nearest integer):

Power to mass class Range [W/kg]
Low 0-65 W/kg
Medium 66-85 W/kg
High 86+
