Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO 2 emissions from light-duty vehicles (Text with EEA relevance)

• Published date: 05 June 2009
• Official Gazette Publication: Diario Oficial de la Unión Europea, L 140, 05 de junio de 2009

02009R0443 — EN — 17.05.2018 — 005.001

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►B REGULATION (EC) No 443/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles (Text with EEA relevance) (OJ L 140 5.6.2009, p. 1)

Amended by:

		Official Journal
		No	page	date
►M1	COMMISSION REGULATION (EU) No 397/2013 of 30 April 2013	L 120	4	1.5.2013
►M2	REGULATION (EU) No 333/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2014	L 103	15	5.4.2014
►M3	COMMISSION DELEGATED REGULATION (EU) 2015/6 of 31 October 2014	L 3	1	7.1.2015
►M4	COMMISSION DELEGATED REGULATION (EU) 2017/1502 of 2 June 2017	L 221	4	26.8.2017
►M5	COMMISSION DELEGATED REGULATION (EU) 2018/649 of 23 January 2018	L 108	14	27.4.2018

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REGULATION (EC) No 443/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 23 April 2009

setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles

(Text with EEA relevance)

Article 1

Subject matter and objectives

This Regulation establishes CO2 emissions performance requirements for new passenger cars in order to ensure the proper functioning of the internal market and to achieve the overall objective of the European Community of 120 g CO2/km as average emissions for the new car fleet. This Regulation sets the average CO2 emissions for new passenger cars at 130 g CO2/km, by means of improvement in vehicle motor technology, as measured in accordance with Regulation (EC) No 715/2007 and its implementing measures and innovative technologies.

▼M2

From 2020 onwards, this Regulation sets a target of 95 g CO2/km for the average emissions of the new car fleet as measured in accordance with Regulation (EC) No 715/2007 and Annex XII to Regulation (EC) No 692/2008 and its implementing measures and innovative technologies.

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This Regulation will be complemented by additional measures corresponding to a reduction of 10 g CO2/km as part of the Community's integrated approach.

Article 2

Scope

1. This Regulation shall apply to motor vehicles of category M1 as defined in Annex II to Directive 2007/46/EC (‘passenger cars’) which are registered in the Community for the first time and which have not previously been registered outside the Community (‘new passenger cars’).

2. A previous registration outside the Community made less than three months before registration in the Community shall not be taken into account.

3. This Regulation does not apply to special-purpose vehicles as defined in point 5 of Part A of Annex II to Directive 2007/46/EC.

▼M2

4. With effect from 1 January 2012, Article 4, Article 8(4)(b) and (c), Article 9 and Article 10(1)(a) and (c) shall not apply to a manufacturer which, together with all of its connected undertakings, is responsible for fewer than 1 000 new passenger cars registered in the Union in the previous calendar year.

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Article 3

Definitions

1. For the purposes of this Regulation, the following definitions shall apply:

(a) ‘average specific emissions of CO2’ means, in relation to a manufacturer, the average of the specific emissions of CO2 of all new passenger cars of which it is the manufacturer;

(b) ‘certificate of conformity’ means the certificate referred to in Article 18 of Directive 2007/46/EC;

(c) ‘manufacturer’ means the person or body responsible to the approval authority for all aspects of the EC type-approval procedure in accordance with Directive 2007/46/EC and for ensuring conformity of production;

(d) ‘mass’ means the mass of the car with bodywork in running order as stated in the certificate of conformity and defined in section 2.6 of Annex I to Directive 2007/46/EC;

(e) ‘footprint’ means the track width multiplied by the wheelbase as stated in the certificate of conformity and defined in sections 2.1 and 2.3 of Annex I to Directive 2007/46/EC;

(f) ‘specific emissions of CO2’ means the CO2 emissions of a passenger car measured in accordance with Regulation (EC) No 715/2007 and specified as the CO2 mass emissions (combined) in the certificate of conformity. For passenger cars which are not type-approved in accordance with Regulation (EC) No 715/2007, ‘specific emissions of CO2’ means the CO2 emissions measured in accordance with the same measurement procedure as specified for passenger cars in Regulation (EC) No 692/2008, or in accordance with procedures adopted by the Commission to establish the CO2 emissions for such passenger cars;

(g) ‘specific emissions target’ means, in relation to a manufacturer, the average of the specific emissions of CO2 permitted in accordance with Annex I in respect of each new passenger car of which it is the manufacturer or, where the manufacturer is granted a derogation under Article 11, the specific emissions target determined in accordance with that derogation.

2. For the purposes of this Regulation ‘a group of connected manufacturers’ means a manufacturer and its connected undertakings. In relation to a manufacturer, ‘connected undertakings’ means:

(a) undertakings in which the manufacturer has, directly or indirectly:

▼M2

— the power to exercise more than half the voting rights, or

▼B

— the power to appoint more than half the members of the supervisory board, board of management or bodies legally representing the undertaking; or

— the right to manage the undertaking's affairs;

(b) undertakings which directly or indirectly have, over the manufacturer, the rights or powers listed in point (a);

(c) undertakings in which an undertaking referred to in point (b) has, directly or indirectly, the rights or powers listed in point (a);

(d) undertakings in which the manufacturer together with one or more of the undertakings referred to in points (a), (b) or (c), or in which two or more of the latter undertakings, jointly have the rights or powers listed in point (a);

(e) undertakings in which the rights or the powers listed in (a) are jointly held by the manufacturer or one or more of its connected undertakings referred to in points (a) to (d) and one or more third parties.

Article 4

Specific emissions targets

For the calendar year commencing 1 January 2012 and each subsequent calendar year, each manufacturer of passenger cars shall ensure that its average specific emissions of CO2 do not exceed its specific emissions target determined in accordance with Annex I or, where a manufacturer is granted a derogation under Article 11, in accordance with that derogation.

▼M2

For the purposes of determining each manufacturer’s average specific emissions of CO2, the following percentages of each manufacturer’s new passenger cars registered in the relevant year shall be taken into account:

— 65 % in 2012,

— 75 % in 2013,

— 80 % in 2014,

— 100 % from 2015 to 2019,

— 95 % in 2020,

— 100 % by the end of 2020 onwards.

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Article 5

Super-credits

In calculating the average specific emissions of CO2, each new passenger car with specific emissions of CO2 of less than 50 g CO2/km shall be counted as:

— 3,5 cars in 2012,

— 3,5 cars in 2013,

— 2,5 cars in 2014,

— 1,5 cars in 2015,

— 1 car from 2016.

▼M2

Article 5a

Super-credits for 95 g CO2/km target

In calculating the average specific emissions of CO2, each new passenger car with specific emissions of CO2 of less than 50 g CO2/km shall be counted as:

— 2 passenger cars in 2020,

— 1,67 passenger cars in 2021,

— 1,33 passenger cars in 2022,

— 1 passenger car from 2023,

for the year in which it is registered in the period from 2020 to 2022, subject to a cap of 7,5 g CO2/km over that period for each manufacturer.

▼B

Article 6

Specific emissions target for alternative-fuel vehicles

For the purpose of determining compliance by a manufacturer with its specific emissions target referred to in Article 4, the specific emissions of CO2 of each vehicle designed to be capable of running on a mixture of petrol with 85 % ethanol (‘E85’) which meets relevant Community legislation or European technical standards, shall be reduced by 5 % until 31 December 2015 in recognition of the greater technological and emissions reduction capability when running on biofuels. This reduction shall apply only where at least 30 % of the filling stations in the Member State in which the vehicle is registered provide this type of alternative fuel complying with the sustainability criteria for biofuels set out in relevant Community legislation.

Article 7

Pooling

1. Manufacturers, other than manufacturers which have been granted a derogation under Article 11, may form a pool for the purposes of meeting their obligations under Article 4.

2. An agreement to form a pool may relate to one or more calendar years, provided that the overall duration of each agreement does not exceed five calendar years, and must be entered into on or before 31 December in the first calendar year for which emissions are to be pooled. Manufacturers which form a pool shall file the following information with the Commission:

(a) the manufacturers who will be included in the pool;

(b) the manufacturer nominated as the pool manager who will be the contact point for the pool and will be...