EUROPEAN COMMISSION Brussels, 17.7.2017 C(2017) 4958 final COMMISSION IMPLEMENTING DECISION of 17.7.2017 on derogations from the specific emission targets for small volume manufacturers of passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council Only the English and German texts are authentic. EN EN
COMMISSION IMPLEMENTING DECISION of 17.7.2017 on derogations from the specific emission targets for small volume manufacturers of passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council Only the English and German 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 emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO 2 emissions from light-duty vehicles 1, and in particular 11(3) thereof, Whereas: (1) According to Article 2(4) of Regulation (EC) No 443/2009, Article 4, Article 8(4)(b) and (c), Article 9 and Article 10(1)(a) and (c) of that Regulation do not apply to a manufacturer which, together with all of its connected undertakings, is responsible for fewer than 1000 new passenger cars registered in the Union in the previous calendar year. However, where a manufacturer, who fulfils the criteria set out in Article 2(4), is fully aware of that provision and its legal consequences, and chooses to apply for a derogation pursuant to Article 11 of Regulation (EC) No 443/2009, thereby deliberately subjects himself to the application of that Regulation. In this case the manufacturer should be considered eligible for derogation subject to Article 11 of that Regulation, based on the criteria established therein. (2) The manufacturer ALPINA Burkard Bovensiepen GmbH + Co. KG has submitted an application for derogation from its specific emissions targets calculated in accordance with Annex I to Regulation (EC) No 443/2009 for the period 2018 to 2021. (3) The manufacturer Lotus Cars LTD has submitted an application for derogation from its specific emissions targets calculated in accordance with Annex I to Regulation (EC) No 443/2009 for the period 2017 to 2021. (4) The manufacturer MG-Motor UK LTD has submitted an application for derogation from its specific emissions targets calculated in accordance with Annex I to Regulation (EC) No 443/2009 for the period 2018 to 2019. (5) The Commission requested additional information from Lotus Cars LTD and MG- Motor UK LTD. The necessary information was provided and the Commission considered the application by Lotus Cars LTD complete as of 18 April 2017, and the application by MG-Motor UK LTD as of 24 April 2017. The additional information provided by Lotus Cars LTD on 28 April 2017, revising the proposed target for the period 2017 to 2021, has been taken into account in the assessment. 1 OJ L 140, 5.6.2009, p. 1 15 EN 2 EN
(6) The Commission is satisfied that ALPINA Burkard Bovensiepen GmbH + Co. KG is responsible for fewer than 10 000 new passenger cars registered in the Union per calendar year and is not part of a group of connected manufacturers. As a consequence, the Commission finds that the applicant meets the eligibility criteria laid down in Article 11(1)(a) of Regulation (EC) No 443/2009. (7) MG-Motor UK LTD is part of a group of connected manufacturers, but has provided the necessary evidence supporting that, together with its connected manufacturers, it is responsible or fewer than 10 000 new passenger cars registered in the Union per calendar year. As a consequence, the Commission finds that the applicant meets the eligibility criteria laid down in Article 11(1)(b) of Regulation (EC) No 443/2009. (8) Lotus Cars LTD is part of a group of connected manufacturers, but has provided the necessary evidence supporting that it operates its own production facility and design centre. As a consequence, the Commission finds that the applicant meets the eligibility criteria laid down in Article 11(1)(c) of Regulation (EC) No 443/2009. (9) The Commission is satisfied that the specific emissions targets proposed by the applicants will ensure a reduction in the targets for the average specific emissions of the applicants compared to the targets of the previous derogation periods, and that the proposed targets are consistent with the applicants' reduction potentials, their economic and technological potentials to reduce their specific emissions of CO 2, and with the characteristics of the market for the types of car manufactured. (10) Against this background, the Commission finds that the applicants should be granted the derogations applied for, HAS ADOPTED THIS DECISION: Article 1 The applicants ALPINA Burkard Bovensiepen GmbH + Co. KG, Lotus Cars LTD and MG- Motor UK LTD shall be granted derogations from the specific emissions targets calculated in accordance with Annex I to Regulation (EC) No 443/2009. EN 3 EN
The following specific emissions targets shall apply for the calendar years indicated: Applicant ALPINA Burkard Bovensiepen GmbH + Co. KG 2 Specific emissions targets in g CO 2 /km 2017 2018 2019 2020 2021 218 216 214 212 Lotus Cars LTD 3 225 225 225 225 225 MG-Motor UK LTD 4 146 146 This Decision is addressed to: Article 2 ALPINA Burkard Bovensiepen GmbH + Co. KG Alpenstraße 35-37 86807 Buchloe Germany Lotus Cars LTD Potash Lane Hethel Norwich Norfolk NR14 8EZ United Kingdom MG-Motor UK LTD International Headquarters Main Gate Low Hill Lane Longbridge, Birmingham B31 2BQ United Kingdom 2 3 4 The Commission granted a derogation to ALPINA Burkard Bovensiepen GmbH + Co. KG for the period 2013 to 2017 see Commission Implementing Decision C(2012)6083 of 06.09.2012. The Commission granted a derogation to Lotus Cars LTD for the period 2012 to 2016 see Commission Implementing Decision C(2011)8334 of 25.11.2011. The Commission granted derogations to MG-Motor UK LTD for the periods 2012 to 2014 see Commission Implementing Decision C(2011)8334 of 25.11.2011, and 2015-2017 - see Commission Implementing Decision C(2014)7601 of 22.10.2014. EN 4 EN
Done at Brussels, 17.7.2017 For the Commission Miguel ARIAS CAÑETE Member of the Commission EN 5 EN