EUROPEAN

COMMISSION

Brussels, 18.12.2013
C(2013) 9207 final

COMMISSION IMPLEMENTING DECISION

of 18.12.2013

on derogations from the specific emissions targets for small-volume manufacturers of

passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament
and of the Council and amending Commission Implementing Decision C(2012)9257 of
13 December 2012

[Only the English, French and Dutch texts are authentic]

EN EN
 COMMISSION IMPLEMENTING DECISION

of 18.12.2013

on derogations from the specific emissions targets for small-volume manufacturers of

passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament
and of the Council and amending Commission Implementing Decision C(2012)9257 of
13 December 2012

[Only the English, French and Dutch texts are authentic]

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 443/2009 of the European Parliament and of the
Council of 23 April 2009 setting emissions performance standards for new passenger cars as
part of the Community's integrated approach to reduce CO2 emissions from light-duty
vehicles1, and in particular paragraphs 3 and 6 of Article 11 thereof,

Whereas:

(1) The manufacturers Great Wall Motor Company Limited and Donkervoort
Automobielen BV (the Applicants No 1 and No 2 respectively) have submitted
applications for derogations from their specific emissions targets calculated in
accordance with Annex I to Regulation (EC) No 443/2009. The manufacturer
AVTOVAZ JSC (the Applicant No 3) has asked to revoke the granted derogation.

(2) Additional information was requested by the Commission from Applicant No 2. The
Applicant No 2 has provided the necessary information on 8 October 2013. The
applications were considered complete in all cases.

(3) Applicants No 1 and 2 have demonstrated that they meet the eligibility criteria
specified in Article 11(1) of Regulation (EC) No 443/2009.

(4) Applicant No 1 has indicated yearly specific emissions targets that at the expiry of the
derogation period will ensure reductions in its average specific CO2 emissions
compared to their emissions in 2007 and to the last calendar year for which a
derogation has already been granted, i.e. 20132.

(5) Applicant No 2 has proposed the specific emissions target that at the expiry of the
derogation period will ensure reductions in the CO2 emissions compared to the
average specific CO2 emissions of its passenger cars registered in 2007.

1
OJ L 140, 5.6.2009, p. 1–15
2
Commission Implementing Decision C(2011)8334 of 25 November 2011

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 (6) The specific emissions targets must, in accordance with Article 11(3) of Regulation
(EC) No 443/2009, be consistent with the reduction potential of the applicant,
including the economic and technological potential to reduce the specific emissions of
CO2 and taking into account the characteristics of the market for the type of car
manufactured.

(7) The Commission finds that the targets proposed by Applicants No 1 and 2 are
consistent with their reduction potential, considering the detailed information
submitted regarding their economic activities and their reduction programmes that are
due to be implemented during the derogation period.

(8) Against that background, the Commission finds that Applicants No 1 and 2 should be
granted derogations for the period starting from 2014.

(9) Applicant No 3 has been already granted a derogation from the specific emissions
target for the time period 2013-20153. In view of recent changes in its ownership,
which resulted in becoming a connected manufacturer, the Applicant No 3 has asked
to revoke the granted derogation for calendar years 2014 and 2015. The Applicant No
3 has also informed the Commision on its intention to form a closed pool with its
connected manufacturers for the purpose of meeting their obligations under Article 4
of Regulation (EC) No 443/2009 starting from calendar year 2014.

(10) As regards Applicant No 3, the Commision finds that the specific emissions targets for
2014 and 2015 set out in the Annex to Commission Implementing Decision
C(2012)9257 should be deleted. The Commission notes that in order to form a pool for
calendar years starting from 2014, the Applicant No 3 has to file to the Commission
the information specified in Article 7(2) of Regulation (EC) No 443/2009.

(11) The derogations should apply on the basis that the car types the manufacturers have
specified in their applications remain the same or with no significant changes during
the derogation period.

(12) A derogation should expire where the number of new cars registered in a calendar year
for a manufacturer for which a derogation has been granted exceeds the threshold of
10 000 cars. The expiry should take effect from 1 January of the next calendar year,

HAS ADOPTED THIS DECISION:

Article 1

(1) The manufacturers listed in the Annex to this Decision shall be granted derogations
from the specific emissions targets calculated in accordance with Annex I to
Regulation (EC) No 443/2009.

The specific emissions targets specified for each manufacturer in the Annex shall
apply for the calendar years indicated.

3
Commission Implementing Decision C(2012)9257 of 13 December 2012

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 (2) Without prejudice to Article 11(5) of Regulation (EC) No 443/2009, where the
number of new cars registered in a calendar year for a manufacturer for which a
derogation has been granted exceeds 10 000, the derogation with respect to that
manufacturer shall expire with effect from 1 January of the next calendar year.

Article 2
Amendment to Decision C(2012)9257
The specific emissions targets for the years 2014 and 2015 for AVTOVAZ JSC set out in the
table in the Annex to Commision Implementing Decision C(2012)9257 of 13 December 2012
are deleted.

Article 3
Addressees

This Decision is addressed to:

1.
Great Wall Motor Company Limited
Represented in the EU by
I.M. Group Limited
I.M. House
South Drive Coleshill
B46 1 DF
United Kingdom
2.
Donkervoort Automobielen BV
Pascallaan 96
NL-8218 NJ Lelystad
The Netherlands
3.
AVTOVAZ JSC
Represented in the Union by
LADA France SAS
13, Route Nationale 10,
78310 Coignieres,

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 France

Done at Brussels, 18.12.2013

For the Commission

Connie HEDEGAARD
Member of the Commission

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 EUROPEAN
COMMISSION

Brussels, 18.12.2013
C(2013) 9207 final

ANNEX 1

ANNEX

to the

Commission Implementing Decision

on derogations from the specific emissions targets for small-volume manufacturers of

passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament
and of the Council and amending Commission Implementing Decision C(2012)9257 of
13 December 2012

EN EN
 ANNEX
to the

Commission Implementing Decision

on derogations from the specific emissions targets for small-volume manufacturers of

passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament
and of the Council and amending Commission Implementing Decision C(2012)9257 of
13 December 2012

No Applicant Specific emissions targets in g CO2 /km

2014 2015 2016 2017 2018

Great Wall Motor Company
1 190 188 188 - -
Limited
Donkervoort Automobielen BV
2 178 178 178 178 178

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