REPORT on the proposal for a regulation of the European Parliament and of the Council setting emission performance standards for new light commercial vehicles as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles

12.10.2010 - (COM(2009)0593 – C7‑0271/2009 – 2009/0173(COD)) - ***I

Committee on the Environment, Public Health and Food Safety
Rapporteur: Martin Callanan
Rapporteur for the opinion(*): Werner Langen, Committee on Industry, Research and Energy
(*) Associated committee - Rule 50 of the Rules of Procedure

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council setting emission performance standards for new light commercial vehicles as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles

(COM(2009)0593 – C7‑0271/2009 – 2009/0173(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2009)0593),

–   having regard to Article 251(2) and Article 175 (1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7‑0271/2009),

–   having regard to the Communication from the Commission to the European Parliament and the Council entitled "Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures" (COM(2009)0665),

–   having regard to Article 294(3) and Article 192(1) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the Economic and Social Committee of 14 July 2010,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on Transport and Tourism (A7‑0287/2010),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, to the Commission and to the national parliaments.

Amendment  1 Proposal for a regulation Recital 1 a (new)
Text proposed by the Commission	Amendment
	(1a) The Commission completed a review of the Sustainable Development Strategy with a focus on the most pressing problems for sustainable development such as transport, climate change, public health and energy conservation. These problems are all interlinked and can be addressed by energy efficiency measures in transport.
Justification
There should be some reference to the overarching strategies of the European Union – the sustainable Development Strategy is an important strategy document not yet mentioned in the recitals.
Amendment  2 Proposal for a regulation Recital 3 a (new)
Text proposed by the Commission	Amendment
	(3a) To enhance the competitiveness of the European automotive industry, incentive schemes such as the offsetting of eco-innovations and the award of super-credits should be used in preference to prohibitions incurring criminal penalties.
Justification
Customers are predominantly business users, and fuel consumption is a crucial factor in their decision to purchase a vehicle.
Amendment  3 Proposal for a regulation Recital 5
Text proposed by the Commission	Amendment
(5) In those Communications an integrated approach was proposed with a view to reaching the Community target of average emissions of 120 g CO2/km from new passenger cars registered in the Community by 2012 by focusing on mandatory reductions of emissions of CO2 to reach an objective of 130 g CO2/km for the average new car fleet by means of improvements in vehicle motor technology and a further reduction of 10 gCO2/km, or equivalent if technically necessary, by means of other technological improvements, including fuel efficiency progress in light commercial vehicles.	(5) In those Communications an integrated approach was proposed with a view to reaching the Community target of average emissions of 120 g CO2/km from new passenger cars registered in the Community by 2012 by focusing on mandatory reductions of emissions of CO2 to reach an objective of 130 g CO2/km for the average new car fleet by means of improvements in vehicle motor technology and a further reduction of 10 gCO2/km, or equivalent if technically necessary, by means of other technological improvements, including fuel efficiency progress, whose introduction shall be extended to other types of vehicles, including light commercial vehicles.
Justification
As it is clearly stated in the Recital 16 of the EP/EC Regulation 661/2009 concerning the general safety of motor vehicles, the European Commission should assess the possibility of extending the mandatory fitting of some available advanced technologies to other categories of vehicles, including light commercial vehicles
Amendment  4 Proposal for a regulation Recital 9 a (new)
Text proposed by the Commission	Amendment
	(9a) Directive of the European Parliament and of the Council 1999/94/EC of 13 December 1999 relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars1 already requires that promotional literature for cars provides end-users with the official CO2 emission data and the official fuel consumption of the vehicle. The Commission has interpreted this as including advertising in its recommendation 2003/217/EC of 26 March 2003 on the application to other media of the provisions of Directive 1999/94/EC concerning promotional literature2.The scope of Directive 1999/94/EC should therefore be extended to light commercial vehicles, so that advertisement for any light commercial vehicles be required to provide end-users with the official CO2 emission data and fuel consumption of the vehicle where energy-or price-related information is disclosed.
	1 OJ L 12, 18.1.2000, p. 16. 2 OJ L 82, 29.3.2003, p. 33.
Amendment  5 Proposal for a regulation Recital 14
Text proposed by the Commission	Amendment
(14) In order to ensure that targets reflect the particularities of small and niche manufacturers and are consistent with the manufacturer's reduction potential, alternative emission reduction targets should be set for such manufacturers taking into account the technological potential of a given manufacturer's vehicles to reduce their specific emissions of CO2 and consistently with the characteristics of the market segments concerned. This derogation should be covered by the review of the specific emission targets in Annex I, to be completed by the beginning of 2013 at the latest.	(14) In order to ensure that targets reflect the particularities of small and niche manufacturers and are consistent with the manufacturer’s reduction potential, alternative emission reduction targets should be set for such manufacturers taking into account the technological potential of a given manufacturer’s vehicles to reduce their specific emissions of CO2 and the average level of CO2 emissions from the light commercial vehicles of all manufacturers and consistently with the characteristics of the market segments concerned. This derogation should be covered by the review of the specific emission targets in Annex I, to be completed by the beginning of 2013 at the latest.
Justification
Setting alternative emission targets will require these manufacturers to make greater efforts than fleet manufacturers but at the same time will give them fair conditions, with the average value of CO2 emissions of manufacturers of light commercial vehicles used as the point of reference.
Amendment  6 Proposal for a regulation Recital 16 a (new)
Text proposed by the Commission	Amendment
	(16a) In order to ensure that the values of CO2 emissions and fuel efficiency of completed vehicles are representative and that the actual CO2 emissions are not underestimated, the Commission should come forward with a specific calculation methodology to determine the emissions for each type of vehicle and consider, where appropriate, reviewing the type approval legislation.
Justification
The Commission has accepted in a non-paper that the current proposal on multi-stage vehicles is unworkable. This amendment, together with Amendments 3, 4, 12 and 13, removes the original badly-drafted proposal and asks the Commission to come forward with new proposals for by 2011.
In order to account for the specific conditions of "multi-stage vehicles", vehicles which are first built in an incomplete state and must then undergo at least one further stage of completion by a different manufacturer, the European Commission has put forward recommended amendments to the original proposal. This amendment reflects those recommendations.
Amendment  7 Proposal for a regulation Recital 24
Text proposed by the Commission	Amendment
(24) The speed of road vehicles has a strong influence on their fuel consumption and CO2 emissions. In addition, in the absence of speed limitation for light commercial vehicles, it is possible that there is an element of competition as regards top speed which could lead to oversized powertrains and associated inefficiencies in slower operating conditions. It is therefore appropriate to investigate the feasibility of extending the scope of Council Directive 92/6/EEC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community, with the aim of including light commercial vehicles covered in this Regulation.	(24) The speed of road vehicles is one influence on their fuel consumption and CO2 emissions. In line with the principle that, in reducing CO2 emissions, more use should be made of economic incentives and less of prohibitions, a voluntary scheme granting manufacturers, in return for the installation of speed limiters, certain credits in respect of the CO2 emissions saved might contribute to promoting a more fuel-efficient and environmentally friendly fleet of light commercial vehicles in the Union. Firstly, however, urgent measures should be taken to investigate scientifically whether significant quantities of CO2 emissions can be saved by the installation of speed limiters and if so whether it is possible to extend the scope of Council Directive 92/6/EEC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Union, in the framework of a voluntary scheme with incentives, with the aim of including light commercial vehicles covered in this Regulation.
Justification
The installation of speed limiters should take place solely on a voluntary basis together with an incentive scheme, and only on the condition that speed limiters have been scientifically proved to be capable of achieving a significant reduction in CO2 emissions.
Amendment  8 Proposal for a regulation Recital 25
Text proposed by the Commission	Amendment
(25) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC1 of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission.	(25) The monitoring and reporting of average emissions requires that uniform conditions of implementation should be ensured for the adoption of detailed rules on the collection, registration, presentation, transmission, calculation and communication of data on average emissions and the application of the requirements in Annex II.
	Furthermore, in order to establish the level of contribution of eco- innovations to the achievement of the specific emissions target of a manufacturer, detailed provisions should be adopted based on criteria set out in this Regulation.
	According to Article 291 TFEU, rules and general principles concerning mechanisms for the control by Member States of the Commission's exercise of implementing powers are to be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure. Pending the adoption of that new regulation, Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission1 continues to apply, with the exception of the regulatory procedure with scrutiny, which is not applicable.
Amendment  9 Proposal for a regulation Recital 26
Text proposed by the Commission	Amendment
(26) In particular the Commission should be empowered to amend the monitoring and reporting requirements in the light of the experience of the application of this Regulation, to establish methods for the collection of excess emissions premiums, to adopt detailed provisions concerning the derogation for certain manufacturers, and to adapt Annex I to take account of the evolution of the mass of new light commercial vehicles registered in the Community and to reflect any change in the regulatory test procedure for the measurement of specific emissions of CO2 laid down in Regulation (EC) No 715/2007. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation and to supplement this Regulation by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.	(26) In order to adapt the Annexes, where appropriate, the Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU. The Commission should supplement or amend the monitoring and reporting requirements laid down in Annex II in the light of the experience of the application of this Regulation, to establish methods for the collection of excess emissions premiums, to establish provisions regarding the interpretation of the eligibility criteria for derogations, on the content of applications for a derogation and on the content and assessment of programmes for the reduction of specific emissions of CO2, to take the measures to adapt the formulae of Annex I in order to reflect any change in the regulatory test procedure for the measurement of specific CO2 emissions. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
Amendment  10 Proposal for a regulation Article 1 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	1a. This Regulation is part of the complementary measures stated in the Community's integrated approach.
Justification
This proposal is a continuation of the Commission’s regulatory process to address the climate change impacts of road vehicles initiated in 2007. It addresses one of the technological improvements listed in the COM(2007) 19 final.
Amendment  11 Proposal for a regulation Article 1 - paragraph 2
Text proposed by the Commission	Amendment
2. From 2020, this Regulation sets a target of 135 g CO2/km for the average emissions of new light commercial vehicles registered in the Community.	2. From 2020, this Regulation sets a target of 140 g CO2/km for the average emissions of new light commercial vehicles registered in the Community.
Amendment  12 Proposal for a regulation Article 2 – paragraph 2
Text proposed by the Commission	Amendment
2. A previous registration outside the Community less than three months before registration in the Community shall not be taken into account.	2. A previous registration outside the Community made less than three months before registration in the Community shall not be taken into account.
Justification
The amendment aims at linguistic clarity and conformity with the text of the Regulation on the reduction of CO2 emissions from cars (EC) No 443/2009.
Amendment  13 Proposal for a regulation Article 3 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) ‘average specific emissions of CO2’ means, in relation to a manufacturer, the average of the specific emissions of CO2 of all light commercial vehicles of which it is the manufacturer;	(a) ‘average specific emissions of CO2’ means, in relation to a manufacturer, the average of the specific emissions of CO2 of all light commercial vehicles, as referred to in Article 2, of which it is the manufacturer;
Amendment  14 Proposal for a regulation Article 3 - paragraph 1 - point f
Text proposed by the Commission	Amendment
(f) 'specific emissions of CO2' means the emissions of a light commercial vehicle measured in accordance with Regulation (EC) No 715/2007 and specified as the CO2 mass emission (combined) in the certificate of conformity;	(f) 'specific emissions of CO2' means the emissions of a light commercial vehicle measured in accordance with Regulation (EC) No 715/2007 and specified as the CO2 mass emission (combined) in the certificate of conformity of the complete or completed vehicle;
Justification
The Commission has accepted in a non-paper that the current proposal on multi-stage vehicles is unworkable. This amendment, together with Amendments 1, 4, 12 and 13, removes the original badly-drafted proposal and asks the Commission to come forward with new proposals for by 2011.
Amendment  15 Proposal for a regulation Article 3 – paragraph 1 – point g
Text proposed by the Commission	Amendment
(g) ‘specific emissions target’ means, in relation to a manufacturer, the average of the indicative specific emissions of CO2 determined in accordance with Annex I in respect of each new light commercial vehicle for which it is the manufacturer.	(g) ‘specific emissions target’ means, in relation to a manufacturer, the average of the indicative specific emissions of CO2 determined in accordance with Annex I in respect of each new light commercial vehicle for which it is the manufacturer, or, if the manufacturer is granted a derogation in accordance with Article 10, the specific emissions target determined according to that derogation.
Justification
The reference to the specific emissions targets for manufacturers granted a derogation in accordance to Article 10 of this Regulation should be incorporated, for reasons of conformity with the text of the Regulation on the reduction of CO2 emissions from cars (EC) No 443/2009.
Amendment  16 Proposal for a regulation Article 3 – paragraph 1 – point g a (new)
Text proposed by the Commission	Amendment
	(ga) 'footprint' means the average 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;
Justification
It is important to define the footprint, which is mentioned in Annex II, Part B, paragraph 5.
Amendment  17 Proposal for a regulation Article 3 – paragraph 1 – point g b (new)
Text proposed by the Commission	Amendment
	(gb) ‘payload’ means the difference between the technically permissible maximum laden mass pursuant to Annex III to Directive 2007/46/EC and the mass of the vehicle;
Justification
Consistency reasons with Annex II, Part B, paragraphs 5 and 6.
Amendment  18 Proposal for a regulation Article 3 – paragraph 1 – point g c (new)
Text proposed by the Commission	Amendment
	(gc) 'complete vehicle' means any vehicle which need not be completed in order to meet the relevant technical requirements of Directive 2007/46/EC.
Justification
Completed vehicles are covered by the legislative proposal.
Amendment  19 Proposal for a regulation Article 4 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	In the case of completed vehicles the manufacturer need only state the specific CO2 emissions of the base vehicles and comply with them in accordance with the first paragraph.
Justification
The Commission has already noted in a non-paper that the method referred to in the proposal for a regulation is not suitable for determining the specific CO2 emissions of completed vehicles. Where vehicles undergo further stages of completion, the manufacturer of the base vehicle has no influence on the CO2 emissions of such completed vehicles.
Amendment  20 Proposal for a regulation Article 4 - paragraph 2 a (new)
Text proposed by the Commission	Amendment
	Where the specific emissions of the completed vehicle are not available, the manufacturer of the base vehicle shall use the specific emissions of the base vehicle for determining its average specific emissions of CO2.
Justification
The Commission has accepted in a non-paper that the current proposal on multi-stage vehicles is unworkable. This amendment, together with Amendments 1, 3, 12, and 13, removes the original badly-drafted proposal and asks the Commission to come forward with new proposals for by 2011.
Amendment  21 Proposal for a regulation Article 4 - paragraph 2 b (new)
Text proposed by the Commission	Amendment
	For the purposes of determining each manufacturer’s average specific emissions of CO2, a potential over-achievement of a manufacturer’s CO2 target under Regulation (EC) No 443/2009 shall be taken into account for the same manufacturer and in the same calendar year if requested by the manufacturer. In this case it shall be calculated as follows:
	80% of the difference between the manufacturer’s specific emission target and its average specific emissions according to Regulation (EC) No 443/2009 shall be deducted from its average specific emissions of CO2 for light commercial vehicles. Directive 2009/33/EC establishes the relation of lifetime mileage for passenger cars and light commercial vehicles at 80%.
Justification
As the reduction of LCV CO2 has been initially introduced as part of the complementary measures for passenger vehicles CO2 an averaging between both fleets is the logical consequence. Averaging of the manufacturer’s cars and LCVs fleets’ CO2 performance should be possible as reducing compliance costs for manufacturers as demonstrated in the EU impact assessment. From an environmental and policy point of view it makes no difference whether CO2 is reduced for passenger cars and LCVs. Such an averaging does not disadvantage those LCV manufacturers without cars as those are all covered under Article 10. The 80% reflects the longer mileage of LCVs and CO2 reduction measures under this regulation (see directive EC/2009/33 Table 3 of the Annex).
Amendment  22 Proposal for a regulation Article 4 – paragraph 2 c (new)
Text proposed by the Commission	Amendment
	As of 1 January 2016 completed vehicles shall also be included in determining each manufacturer’s average specific CO2 emissions.
Justification
Given that the development and production cycles for LCVs are much longer than for passenger cars, more lead-time and a longer phase-in period are required. Concerning completed vehicles, The Whole Vehicle Type Approval (Directive 2007/46/EC) will only be applied on all types of completed vehicles from May 2013 onwards. 2014 will therefore be the first full calendar year of monitoring and collecting the CO2 emissions and mass of completed vehicles according to new procedure available. Manufacturers will therefore only receive the data on completed vehicles and therefore assess their impact on the average emissions of their own whole fleet in the second half of 2015. Inclusion of completed vehicles emissions in the average of manufacturers should therefore not take place before 2016 due to lack of data availability before and initial risk of data errors.
Amendment  23 Proposal for a regulation Article 5
Text proposed by the Commission	Amendment
In calculating the average specific emissions of CO2, each new light commercial vehicle with specific emissions of CO2 of less than 50 g CO2/km shall be counted as:	In calculating the average specific emissions of CO2, each new light commercial vehicle with specific emissions of CO2 of less than 50 g CO2/km shall be counted as:
– 2.5 light commercial vehicles in 2014,	– 3.5 light commercial vehicles in 2015,
– 1.5 light commercial vehicles in 2015,	– 2.5 light commercial vehicles in 2016,
– 1 light commercial vehicle from 2016.	– 2.0 light commercial vehicles in 2017.
Amendment  24 Proposal for a regulation Article 5 a (new)
Text proposed by the Commission	Amendment
	Article 5a
	Specific emission 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 specified emissions of CO2 of each vehicle which is designed to be capable of running on a mixture of petrol with 85 % bioethanol (‘E85’), and which meets relevant Union legislation or European technical standards, shall be reduced by 5 % by 31 December 2015 in recognition of the greater technological and emission 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 Union legislation.
Justification
The ongoing development of biofuel infrastructure could lead to a significant reduction in the CO2 emissions of the vehicle fleet on a ‘well-to-wheels’ basis. A provision for alternative fuel light commercial vehicles should therefore be introduced, by analogy with the Regulation on the reduction of CO2 emissions from passenger cars (EC) No 443/2009.
Amendment  25 Proposal for a regulation Article 6 - paragraph 1
Text proposed by the Commission	Amendment
1. Manufacturers of new light commercial vehicles, other than manufacturers which have been granted a derogation under Article 10, may form a pool for the purposes of meeting their obligations under Article 4.	1. Manufacturers, other than manufacturers which have been granted a derogation under Article 10 of this Regulation or under Article 11 of Regulation (EC) No 443/2009, may form a pool for the purposes of meeting their obligations under Article 4 of this Regulation.
Justification
Pooling of the manufacturer’s cars and LCVs fleets’ CO2 performance should be possible as reducing compliance costs for manufacturers as demonstrated in the EU impact assessment. From an environmental and policy point of view it makes no difference whether CO2 is reduced for passenger cars and LCVs. Such an averaging does not disadvantage those LCV manufacturers without cars as those are all covered under Article 10. The factor 0.8 reflects the longer mileage of LCVs and CO2 reduction measures under this regulation (see directive EC/2009/33 Table 3 of the Annex).
Amendment  26 Proposal for a regulation Article 6 - paragraph 6
Text proposed by the Commission	Amendment
6. Paragraph 5 shall not apply where all the manufacturers included in the pool are part of the same group of connected manufacturers.	6. Paragraph 5 shall not apply where all the manufacturers included in the pool are part of the same group of connected manufacturers or where the pool consists only of one manufacturer pooling his passenger car and light commercial vehicle fleets.
Justification
cf. to amendment to Article 6 - paragraph 1.
Amendment  27 Proposal for a regulation Article 6 - paragraph 6 a (new)
Text proposed by the Commission	Amendment
	6a. The respective individual manufacturers' targets shall be replaced by a modified target for the manufacturer where there is a pool of passenger and light commercial vehicles.
	The modification is defined as follows:
	80% of the difference between the manufacturer’s specific emission target and its average specific emissions according to Regulation (EC) No 443/2009, shall be added to its average specific emissions target of CO2 for light commercial vehicles. Directive 2009/33/EC establishes the relation of lifetime mileage for passenger cars and light commercial vehicles at 80%.
Justification
cf. amendment to Article 6 - paragraph 1.
Amendment  28 Proposal for a regulation Article 7 - paragraph 9 - subparagraph 2
Text proposed by the Commission	Amendment
The Commission may amend Annex II in the light of the experience of the application of this Regulation. Those measures designed to amend non-essential elements of this Regulation shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).	deleted
Amendment  29 Proposal for a regulation Article 7 – paragraph 10 a (new)
Text proposed by the Commission	Amendment
	10a. As of 1 January 2014 the monitoring shall be extended to completed vehicles.
Justification
Depending on the solution chosen, the Type Approval Framework Directive and the current monitoring system are likely not to provide a workable solution for completed vehicles as proposed by the COM. The Whole Vehicle Type Approval (2007/46/EC) will be applied on all types of completed vehicles from May 2013. Thus, as of January 2014 the monitoring shall be extended to completed vehicles. 2014 will be the first full calendar year of monitoring and collecting the CO2 emissions and mass of completed vehicles according to new procedure available.
Amendment  30 Proposal for a regulation Article 7 a (new)
Text proposed by the Commission	Amendment
	Article 7a
	Information
	For the calendar year commencing 1 January 2014 and each subsequent calendar year, each manufacturer of light commercial vehicles shall ensure that customers are provided with information on the average specific CO2 emissions and fuel consumption of its vehicle models.
Justification
Customers are predominantly business users, and fuel consumption is a crucial factor in their decision to purchase a vehicle. This information should therefore be made available to customers.
Amendment  31 Proposal for a regulation Article 8 - paragraph 2 - subparagraph 1 - point a - point (i)
Text proposed by the Commission	Amendment
(i) For excess emissions of more than 3 g CO2/km:	(i) For excess emissions of more than 3 g CO2/km:
((Excess emissions – 3) × €120 + 45 €) × number of new light commercial vehicles.	((Excess emissions – 3) × €95 + 45 €) × number of new light commercial vehicles.
Amendment  32 Proposal for a regulation Article 8 - paragraph 2 - subparagraph 1 - point b
Text proposed by the Commission	Amendment
(b) From 2019:	(b) From 2019:
(Excess emissions × €120) × number of new light commercial vehicles..	(Excess emissions × €95) × number of new light commercial vehicles..
Justification
cf. justification to amendment to Article 8 - para 2 - letter (a)
Amendment  33 Proposal for a regulation Article 8 - paragraph 2 - subparagraph 2
Text proposed by the Commission	Amendment
Where for the purposes of this Article:	Where for the purposes of this Article:
'excess emissions' means the positive number of grams per kilometre by which a manufacturer's average specific emissions of CO2 - taking into account CO2 emissions reductions due to innovative technologies approved in accordance with Article 11 - exceeded its specific emissions target in the calendar year or part of the calendar year to which the obligation under Article 4 applies, rounded to the nearest three decimal places; and 'number of new light commercial vehicles' means the number of new light commercial vehicles of which it is the manufacturer and which were registered in that period according to the phase-in criteria as set out in Article 4.	'excess emissions' means the positive number of grams per kilometre by which a manufacturer's average specific emissions of CO2 - taking into account CO2 emissions reductions due to innovative technologies approved in accordance with Article 11 and CO2 reductions below the target as specified in Regulation (EC) No 443/2009 - exceeded its specific emissions target in the calendar year or part of the calendar year to which the obligation under Article 4 applies, rounded to the nearest three decimal places; and 'number of new light commercial vehicles' means the number of new light commercial vehicles of which it is the manufacturer and which were registered in that period according to the phase-in criteria as set out in Article 4.
Justification
Pooling between cars and LCVs (averaging between distances to targets) is reducing compliance costs for manufacturers as demonstrated in the EU impact assessment. From an environmental and policy point of view it makes no difference whether CO2 is reduced for passenger cars and LCVs. Such a pooling does not disadvantage those LCV manufacturers without cars as those are all covered under Article 10. The factor 0.8 reflects the longer mileage of LCVs and CO2 reduction measures under this regulation.
Amendment  34 Proposal for a regulation Article 8 – paragraph 3 – subparagraph 2
Text proposed by the Commission	Amendment
Those measures designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).	deleted
Justification
Amendment  35 Proposal for a regulation Article 9 – paragraph 2
Text proposed by the Commission	Amendment
2. From the 31 October 2014, the list published under paragraph 1 shall also indicate whether the manufacturer has complied with the requirements of Article 4 with respect to the preceding calendar year.	2. From the 31 October 2015, the list published under paragraph 1 shall also indicate whether the manufacturer has complied with the requirements of Article 4 with respect to the preceding calendar year.
Justification
Following changes introduced by amendment to article 7, paragraph 1 and 2.
Amendment  36 Proposal for a regulation Article 9 a (new)
Text proposed by the Commission	Amendment
	Article 9aIn-car driver information
	From 1 January 2012 manufacturers seeking type-approval for N1 vehicles as defined in Directive 2007/46/EC, in accordance with Regulation (EC) No 715/2007, shall equip every vehicle with a fuel consumption meter.
Justification
It is important for drivers to know the real fuel consumption of their vehicle, which is often higher than the consumption measured under the EU test-cycle. A fuel consumption meter can help to provide this information while also encouraging drivers to apply a more fuel-efficient driving style. The European Commission is currently preparing requirements for passenger cars to be fitted with such devices. They should also apply to light commercial vehicles.
Amendment  37 Proposal for a regulation Article 10 – paragraph 2 – point (d)
Text proposed by the Commission	Amendment
(d) a specific emissions target consistent with its reduction potential, including the economic and technological potential to reduce its specific emissions of CO2 and taking into account the characteristics of the market for the type of light commercial vehicle manufactured.	(d) a specific emissions target consistent with its reduction potential, including the economic and technological potential to reduce its specific emissions of CO2, and with the average value of CO2 emissions from light commercial vehicles produced by all manufacturers, and taking into account the characteristics of the market for the type of light commercial vehicle manufactured.
Justification
Setting alternative emission targets will require these manufacturers to make greater efforts than fleet manufacturers but at the same time will give them fair conditions, with the average value of CO2 emissions of manufacturers of light commercial vehicles used as the point of reference.
Amendment  38 Proposal for a regulation Article 10 - paragraph 7 - subparagraph 2
Text proposed by the Commission	Amendment
Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).	deleted
Amendment  39 Proposal for a regulation Article 11 – paragraph 2 – introductory part
Text proposed by the Commission	Amendment
2. The Commission shall by 31 December 2012, adopt detailed provisions for a procedure to approve such innovative technologies in accordance with the regulatory procedure referred to in Article 13(2). Those detailed provisions shall be based on the following criteria for innovative technologies:	2. The Commission shall by 31 December 2012, adopt detailed provisions for a procedure to approve such innovative technologies in accordance with the regulatory procedure referred to in Article 13(2). Those detailed provisions shall be in accordance with the provisions established by Article 12(2) of Regulation (EC) No 443/2009, and be based on the following criteria for innovative technologies:
Justification
Article 12 paragraph 2 of the passenger car CO2 regulation (443/2009) mentions that the Commission shall, by 2010, adopt detailed provisions for a procedure to approve such innovative technologies. The provisions for the approval procedure, which are currently being discussed for passenger cars, should be applied on LCVs as well. No difference should be made between eco-innovations for passenger cars and LCVs, nor should there be a difference in the approval procedure. Any double work should be avoided.
Amendment  40 Proposal for a regulation Article 12 – paragraph 1 – subparagraph 1
Text proposed by the Commission	Amendment
1. By 31 October 2016, and every three years thereafter, measures shall be adopted to amend Annex I to adjust the figure M0, referred to therein, to the average mass of new light commercial vehicles in the previous three calendar years.	1. By 31 October 2016, and every three years thereafter, measures shall be adopted to amend Annex I to adjust the figure M0, referred to therein, to the average mass of new light commercial vehicles registered in the previous three calendar years.
Amendment  41 Proposal for a regulation Article 12 - paragraph 4 - subparagraph 1 - indent 1
Text proposed by the Commission	Amendment
– subject to confirmation of its feasibility on the basis of updated impact assessment results, the modalities for reaching, by the year 2020, a long-term target of 135 g CO2/km in a cost-effective manner; and	– subject to confirmation of its feasibility on the basis of updated impact assessment results, the modalities for reaching, by the year 2020, a long-term target of 140 g CO2/km in a cost-effective manner; and
Amendment  42 Proposal for a regulation Article 12 – paragraph 4 – subparagraph 2 – indent 2
Text proposed by the Commission	Amendment
– confirm the inclusion in this Regulation of vehicles in category N2 and M2 as defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and to vehicles to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007.	– make a proposal to include in this Regulation vehicles in category N2 and M2 as defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and vehicles to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007, with a view to achieving the long-term target from 2020.
Justification
Setting precise values for long-term targets and including category N2 and M2 light commercial vehicles in the scope of this regulation should be subject to feasibility, which should first be confirmed through a corresponding impact assessment.
Amendment  43 Proposal for a regulation Article 12 – paragraph 4 – subparagraph 3
Text proposed by the Commission	Amendment
Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).	The Commission shall make a proposal to the European Parliament and to the Council on those measures, designed to amend essential elements of this Regulation.
Amendment  44 Proposal for a regulation Article 12 – paragraph 6 – subparagraph 2
Text proposed by the Commission	Amendment
Those measures designed to amend non-essential elements of this Regulation shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).	deleted
Justification
Amendment  45 Proposal for a regulation Article 12 – paragraph 7
Text proposed by the Commission	Amendment
7. The Commission shall by 2015 review the method of determining the specific emissions of CO2 of completed vehicles in paragraph 7 of Part B of Annex II and, if appropriate, submit a proposal to the European Parliament and to the Council to amend Annex II.	7. By 2011 the Commission shall set up a procedure to obtain representative values of CO2 emissions, fuel efficiency and mass of completed vehicles for monitoring purposes.
Justification
It should be the responsibility of the COM to come up with a proper solution before adopting a legislative proposal. The COM proposal foresees a CO2 compliance target from 2014 onwards. Completed vehicles count for app. 15-16% of the whole LCV market. Due to the high market share and currently unknown impact on the OEM fleet, an appropriate procedure to obtain representative values of CO2 emissions and mass of completed vehicles needs to be determined as soon as possible.
Amendment  46 Proposal for a regulation Article 12 a (new)
Text proposed by the Commission	Amendment
	Article 12a
	Implementing measures
	The monitoring and reporting of average emissions requires that uniform conditions of implementation are ensured for the adoption of detailed rules on the collection, registration, presentation, transmission, calculation and communication of data on average emissions and the application of Annex II in accordance with the procedure referred to in Article 13(2).
	Also, in order to establish the contribution of eco- innovations to the achievement of the specific emissions target of a manufacturer, detailed provisions have to be adopted based on criteria set out in this Regulation.
Amendment  47 Proposal for a regulation Article 13 – paragraph 1
Text proposed by the Commission	Amendment
1. The Commission shall be assisted by the committee instituted by Article 8 of Decision 93/389/EEC.	1. The Commission shall be assisted by the committee instituted by Article 9 of Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol1.
	1 OJ L 49, 19.2.2004, p. 1.
Justification
Technical amendment, as Article 9 of Decision 280/2004/EC in its current form replaces Article 8 of Decision 93/389/EEC and, by analogy with the Regulation on the reduction of CO2 emissions from passenger cars (EC) No 443/2009, should appear as a reference.
Amendment  48 Proposal for a regulation Article 13 - paragraph 3
Text proposed by the Commission	Amendment
3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.	deleted
Amendment  49 Proposal for a regulation Article 13 a (new)
Text proposed by the Commission	Amendment
	Article 13a
	Delegated acts
	1. In order to take account of technical progress, the Commission may adopt, by means of delegated acts in accordance with Article 13b and subject to the conditions of Articles 13c and 13d, amendments to Annex II based on the experience of the application of this Regulation as laid down in the second subparagraph of Article 7(9), may establish methods for the collection of excess emissions premiums as laid down in Article 8(3), may adopt provisions regarding the interpretation of the eligibility criteria for derogations regarding the content of applications for a derogation and on the content and assessment of programmes for the reduction of specific emissions of CO2 as laid down in Article 10(7), and may take measures to adapt the formulae of Annex I in order to reflect changes in the regulatory test procedure for the measurement of specific CO2 -emissions as laid down in Article 12(6).
	2. When adopting such delegated acts, the Commission shall act in accordance with the provisions of this Regulation.
Amendment  50 Proposal for a regulation Article 13 b (new)
Text proposed by the Commission	Amendment
	Article 13b Exercise of the delegation
	1. The power to adopt delegated acts referred to in the second subparagraph of Article 7(9), Article 8(3), Article10(7), Article 12(6) and Article 13a shall be conferred on the Commission for a period of five years following the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegated powers at the latest six months before the end of the five-year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 13c.
	2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
	3. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 13c and 13d.
Amendment  51 Proposal for a regulation Article 13 c (new)
Text proposed by the Commission	Amendment
	Article 13c
	Revocation of the delegation
	1. The delegation of power referred to in the second subparagraph of Article 7(9), Article 8(3), Article10(7), Article 12(6) and Article 13a may be revoked at any time by the European Parliament or by the Council.
	2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for revocation.
	3. The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.
Amendment  52 Proposal for a regulation Article 13 d (new)
Text proposed by the Commission	Amendment
	Article 13d
	Objections to delegated acts
	1. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification.
	At the initiative of the European Parliament or the Council that period shall be extended by two months.
	2. If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.
	The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.
	3. If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
Amendment  53 Proposal for a regulation Annex I - point 1 - introductory part
Text proposed by the Commission	Amendment
1. The indicative specific emissions of CO2 for each light commercial vehicle, measured in grams per kilometre, shall be determined in accordance with the following formulae:	1. The specific emissions of CO2 for each light commercial vehicle, measured in grams per kilometre, shall be determined in accordance with the following formulae:
Amendment  54 Proposal for a regulation Annex 2 – title A – point 1 – introductory part
Text proposed by the Commission	Amendment
1. For the year beginning 1 January 2011 and each subsequent year, Member States shall record the following details for each new light commercial vehicle registered in its territory:	1. For the year beginning 1 January 2013 and each subsequent year, Member States shall record the following details for each new light commercial vehicle registered in its territory:
Justification
Consistency reasons. Monitoring should go in line with the implementation of the regulation in order to avoid market distortion and discrimination of manufacturers.
Amendment  55 Proposal for a regulation Annex 2 – title A – point 3 – introductory part
Text proposed by the Commission	Amendment
3. For the calendar year commencing 1 January 2011 and each subsequent calendar year, each Member State shall determine, in accordance with the methods set out in Part B, for each manufacturer:	3. For the calendar year commencing 1 January 2013 and each subsequent calendar year, each Member State shall determine, in accordance with the methods set out in Part B, for each manufacturer:
Justification
Consistency reasons. Monitoring should go in line with the implementation of the regulation in order to avoid market distortion and discrimination of manufacturers.
Amendment  56 Proposal for a regulation Annex 2 – title A – point 3 – subpoint d – subpoint ii
Text proposed by the Commission	Amendment
(ii) the specific emissions of CO2;	(ii) the specific emissions of CO2 and the share of emissions reduction as a result of innovative technologies in accordance with Article 11;
Justification
Consistency reasons. Monitoring should go in line with the implementation of the regulation in order to avoid market distortion and discrimination of manufacturers.
Amendment  57 Proposal for a regulation Annex II - title B - point 7
Text proposed by the Commission	Amendment
7. Specific emissions of completed vehicles
The specific emissions of completed vehicles shall be determined in accordance with Directive 2004/3/EC. Where that value is not available, the specific emissions of a completed vehicle shall be set equal to the highest value of the specific emissions of all complete vehicles that are of the same type of vehicle as the incomplete vehicle on which the completed vehicle is based, and that have been registered in the EU in the same monitoring year, where 'type of vehicle' is defined in accordance with Article 3 of Directive 2007/46/EC. If there are more than three different values of specific emissions of all complete vehicles, the second-highest specific emissions shall be used.	7. In the case of multi-stage vehicles the manufacturer of the completed vehicle is responsible for the whole vehicle. However, in order to record the key parameters of CO2 and vehicle reference mass in accordance with this Regulation, the manufacturer of the incomplete vehicle takes responsibility for meeting the CO2 target value under this Regulation. No excessive burden may be placed on the manufacturer of the incomplete vehicle in this regard.
	The manufacturer of the completed vehicle shall forward for monitoring purposes to the corresponding monitoring bodies a ‘monitoring reference mass’ of the completed vehicle and the corresponding CO2 value based on information from the manufacturer of the incomplete vehicle who either provides a table of CO2 values corresponding to different final inertia weight classes or offers only one CO2 value derived from the incomplete vehicle plus a default added mass (300 kg for class III vehicles, 200 kg for class II vehicles, respectively 100 kg for class I). This mass shall be also taken for Part C.
	The Commission shall make the adaptations to Directive 2007/46/EC that are necessary for this process by 31 December 2011. In order to ensure the validity of this process, the Commission shall validate and where necessary adapt the process in the first calendar year following the entry into force of this Regulation. Multi-stage vehicles can be fully integrated with a view to meeting the target values only after this adaptation has come into force.

EXPLANATORY STATEMENT

Proposed legislation on CO2 emissions from light commercial vehicles has been expected ever since similar legislation was passed concerning passenger cars.

Light commercial vehicles are mainly used by businesses, including small and medium enterprises and currently light commercial vehicles make up around 12% of the fleet. We must also recognise that these vehicles are often bought by fleet buyers in large quantities, and therefore are already closely judged on their efficiency and running costs.

Still, the average reduction of CO2 emissions over 2002-2007 for light commercial vehicles amounted to 0.4-0.5% per year, and these improvements in fuel efficiency have been offset by the increase in demand for transport and vehicle size.

Therefore adopting Community-wide targets for new light commercial vehicles is necessary to prevent fragmentation in the internal market resulting from the adoption of different measures at Member State level. Furthermore, setting CO2 emission standards for new light commercial vehicles is necessary to prevent a risk of regulatory gap resulting from certain overlap between the registrations for passenger cars and light commercial vehicles. Furthermore, on 28 June 2007 the Council invited the Commission to come forward with a proposal on the improvement of fuel efficiency from light commercial vehicles. Lastly, it is important to encourage the automotive sector to invest in new technologies.

Your rapporteur can express his approval of the main thrust of the proposal, and in particular welcomes the common sense approach to base it largely upon the legislation passed in the last parliamentary session concerning CO2 emissions from light duty vehicles. Just as the passenger car sector is making strides towards reduced emissions, so should the light commercial vehicle sector.

However, it is important to note that the two sectors do not function in entirely similar ways. The light commercial vehicle sector has longer development and production cycles than passenger cars. Similarly, light commercial vehicles, as their name implies are used largely for commercial purposes, and unlike passenger cars there is less scope to modify their shape or weight in a bid to reduce emissions. The principal way to do this for light commercial vehicles is through modifications to the engines and mechanics of the vehicles - a much longer and more expensive process than simply altering the body of the vehicle. It should also be noted that there is already a much greater use of diesel fuel in the LCV sector than in the car sector.

However, your rapporteur does not wish to see the target dates included in the proposal pushed back any further. A nearer target date will focus minds and see results. Nevertheless, your rapporteur has doubts over whether the proposed long term target of 135 g CO2/km can be realistically achieved within the given timeframe. Given the higher costs of reducing C02 in light commercial vehicles compared to cars, and the longer development and production cycles needed, a target of 150g CO2/km is an ambitious, but achievable target.

The proposed legislation contains the possibility for manufacturers to form "pools" between themselves in a bid to achieve the emissions targets. This flexibility should be welcomed. However, on the principle that a gram of CO2 saved is a gram of CO2 saved regardless of how it is achieved, your rapporteur suggests that manufacturers which produce both cars and light commercial vehicles should be able to "pool" within their company between the two types of vehicles. Pooling between cars and LCVs (averaging between distances to targets) is reducing compliance costs for manufacturers as demonstrated in the EU impact assessment. From an environmental and policy point of view it makes no difference whether CO2 is reduced for passenger cars or LCVs. Such a pooling does not disadvantage those LCV manufacturers without cars as those are all covered under Article 10. Allowing manufacturers this additionally flexibility is both environmentally beneficial and good business practice.

Your rapporteur is pleased that the Commission has proposed derogations for manufacturers producing fewer than 22,000 vehicles a year, and believes the proposal sets a sensible benchmark. However, the regulation should make clear that manufacturers granted a derogation must achieve reductions on a par with their competitors and not permit the Commission to propose unrealistic reductions, and your rapporteur has proposed an amendment accordingly.

Your rapporteur finds it surprising that the proposed penalties for manufacturers who fail to reduce their CO2 emissions for light commercial vehicles should be calculated at a higher rate than those who fail to reduce their emissions for cars. Penalties for both sectors should be in line with each other, and the Commission proposal does not contain any justifications for higher penalties for N1 vehicles. Therefore your rapporteur proposes amending the text to bring it into line with the cars legislation.

The whole purpose of this proposed legislation is to reduce the CO2 emissions from light commercial vehicles. As discussed, this is harder to do than with cars, because the bodies of LCVs cannot be so readily or cheaply altered to make them more efficient. All changes must be made to the engines of mechanics instead. However, one other way to tackle the problem would be to have mandatory speed limiters for light commercial vehicles - the technology is available to do this, it is a cheap and effective way of immediately lowering emissions and many commercial organisations retro-fit them to their vehicles. Your rapporteur's proposal applies to Light Commercial Vehicles only - these vehicles are almost exclusively used for commercial purposes and do not need to exceed 120km/hour - and should not be seen as a precedent for introducing speed limiters on cars.

Finally, the Commission - in a non-paper - have conceded that their original proposals for multi-stage vehicles (i.e. vehicles built in stages by several different manufacturers) are unworkable. Obviously it is unfair to penalise the manufacturers of the base vehicle when they are not responsible for what happens to the vehicle at a later stage of its production. The Commission has suggested that it comes back with new proposals by 2014, but your rapporteur suggests they should set out how they propose to deal with multi-stage vehicles by 2011. This should be achieved by setting up a system to measure the actual emissions of completed vehicles.

OPINION of the Committee on Industry, Research and Energy (28.6.2010)

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a European Parliament and Council regulation onSetting emission performance standards for new light commercial vehicles as part of the Community’s integrated approach to reduce CO₂ emissions from light-duty vehicles
(COM(2009)0593 – C7‑0271/2009 – 2009/0173(COD))

Rapporteur (*): Werner Langen

(*) Associated committee – Rule 50 of the Rules of Procedure

SHORT JUSTIFICATION

There has been a Community strategy to reduce CO₂ emissions from light-duty vehicles since 1995. The Environment Council, in its conclusions of 10 October 2000, requested the Commission to study measures to reduce CO₂ emissions from light commercial vehicles. Regulation (EC) No 443/2009 set targets for the reduction of CO₂ emissions from passenger cars and also highlighted the need for CO₂ targets for light commercial vehicles.

Light commercial vehicles are mainly used by small and medium-sized enterprises, currently making up around 12% of the fleet. They are a means of transport for craftspeople, courier and express delivery services and many retailers such as florists, restaurateurs, etc. They are essential for providing people with necessary everyday items, creating jobs and encouraging growth in many regions of the EU.

1. Legal basis

In the rapporteur’s view, Article 144 TFEU (ex Article 95 of the EC Treaty) must be added to the legal basis, as the rules also aim to harmonise the internal market.

2. Objectives of the draft regulation

With this proposed regulation the Commission seeks gradually to achieve a single target for CO₂ emissions of 175 g CO₂/km for light commercial vehicles between 2014 and 2016. The proposal sets out a long-term target value of 135 g CO₂/km for light commercial vehicles; subject to confirmation of feasibility by means of updated impact assessment results, this should come into operation in 2020. The European Parliament supports the overall targets pursued by the Commission but considers a longer transition period to be indispensable. The regulation that is to be adopted by the Council and Parliament must seek to achieve sustainable reduction targets which have a neutral effect on competition, are socially acceptable and take account of the wide variety of European car manufacturers and their position in international competition and the legitimate concerns of SMEs.

3. Introductory phase

The development of new types and platforms in the field of light commercial vehicles takes, according to the automobile industry, up to 10 years, and production cycles are longer than for passenger cars. The Commission has proposed implementing the target of 175 g CO₂ over a transitional period of several years. In view of the longer cycles, the phase-in should begin in 2015, as vehicles which will be sold in 2014 are already in the development or production phase. A transition period of 2015-2018 combined with an alternative grading of 65%, 75%, 80% and 100% of the new car fleet in order to achieve the target also corresponds to the period and grading in the Regulation on the reduction of CO₂ emissions from passenger cars (EC) No 443/2009. The achievement of the adjusted long-term target of 150 g CO₂/km should be introduced gradually from 2018 so as to facilitate transitional periods for manufacturers and the continuous implementation of innovative and fuel-economising technologies.

4. Vehicles built in stages

Commercial vehicles are often built in stages. A vehicle manufacturer firstly delivers a chassis, which a coach builder takes as the basis to work towards a complete vehicle. The proportion of small commercial vehicles built in this way is around 25%, with a larger proportion in the case of heavy commercial vehicles. These are included in the draft regulation. An interim method for determining the emissions of the completed vehicle should be applied, whereby the manufacturer takes responsibility for the CO₂ emissions of a completed vehicle. The proposed method is not, however, suitable as a valid assessment of the emissions of whole vehicles. Moreover, manufacturers do not possess the requisite data. The Commission has already discussed other methods for determining the precise CO₂ emissions from vehicles built in stages in a working document and is hereby called upon to submit to the European Parliament and the Council a proposal for a satisfactory method of determining the specific CO₂ emissions from completed vehicles by 2011.

5. Penalties

A premium in the event of the target values being exceeded was set out in the Regulation on the reduction of CO₂ emissions from passenger cars. For a 6-year transition period, the penalty will be between 5 and 95 euros per gram, depending on the amount by which the target value is exceeded; thereafter, it will be 95 euros per gram of excess. The Commission has proposed a similar system for light commercial vehicles, with an upper limit of 120 euros. Any excess emissions premium may not be greater for light commercial vehicles than for passenger cars. The requirements should therefore be analogous to the Regulation on the reduction of CO₂ emissions from passenger cars (EC) No 443/2009 in terms of the size of the premium and the period covered.

AMENDMENTS

The Committee on Industry, Research and Energy calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1 Proposal for a regulation First citation
Text proposed by the Commission	Amendment
– Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,	– Having regard to the Treaty on the functioning of the European Union, and in particular Article 192(1) thereof,
Justification
Technical adjustment as the regulation was proposed before the Lisbon Treaty came into force.
Amendment  2 Proposal for a regulation Recital 1 a (new)
Text proposed by the Commission	Amendment
	(1a) The Commission completed a review of the sustainable Development Strategy with a focus on the most pressing problems for sustainable development such as transport, climate change, public health and energy conservation. These problems are all interlinked and can be addressed with energy efficiency measures in transport.
Justification
There should be some reference to the overarching strategies of the European Union – the sustainable Development Strategy is an important strategy document not yet mentioned in the recitals.
Amendment  3 Proposal for a regulation Recital 2 a (new)
Text proposed by the Commission	Amendment
	(2a) Whereas the growth of road traffic and the resulting increase in danger and nuisance present all Member States with road safety and environmental problems of a serious nature.
Justification
The publication of the new TERM report by the European Environment Agency has just underlined that road traffic continues to lead to serious environmental problems in Europe. The safety aspect of road traffic should also be highlighted.
Amendment  4 Proposal for a regulation Recital 9 a (new)
Text proposed by the Commission	Amendment
	(9a) Directive 1999/94/EC already requires that "promotional literature" for cars provides end-users with "the official CO2 emission data and the official fuel consumption of the vehicle". The Commission has interpreted this as including advertising in its recommendation 2003/217/EC.The scope of Directive 1999/94/EC should therefore be extended to Light Commercial Vehicles (LCV), so that advertisement for any LCV be required to provide end-users with the official CO2 emission data and fuel consumption of the vehicle where energy or price related information is disclosed.
Amendment  5 Proposal for a regulation Recital 13
Text proposed by the Commission	Amendment
(13) Manufacturers should have flexibility to decide how to meet their targets under this Regulation and should be allowed to average emissions over their new vehicle fleet rather than having to respect CO2 targets for each individual vehicle. Manufacturers should therefore be required to ensure that the average specific emission for all the new light commercial vehicles registered in the Community for which they are responsible does not exceed the average of the emissions targets for those vehicles. This requirement should be phased in between 2014 and 2016 in order to facilitate its introduction. This is consistent with the lead times given and the duration of the phase-in period set in Regulation 443/2009.	(13) Manufacturers should have flexibility to decide how to meet their targets under this Regulation and should be allowed to average emissions over their new vehicle fleet rather than having to respect CO2 targets for each individual vehicle. Manufacturers should therefore be required to ensure that the average specific emission for all the new light commercial vehicles registered in the Community for which they are responsible does not exceed the average of the emissions targets for those vehicles. This requirement should be phased in between 2015 and 2018 in order to facilitate its introduction. This is consistent with the lead times given and the duration of the phase-in period set in Regulation 443/2009.
Justification
In view of the longer production cycles, the phase-in should begin in 2015, as vehicles which will be sold in 2014 are already in the development or production phase. A transition period of 2015-2018 with an alternative grading of 65/75/80/100% corresponds to the period and grading in the Regulation on the reduction of CO2 emissions from passenger cars (EC) No 443/2009.
Amendment  6 Proposal for a regulation Recital 14
Text proposed by the Commission	Amendment
(14) In order to ensure that targets reflect the particularities of small and niche manufacturers and are consistent with the manufacturer's reduction potential, alternative emission reduction targets should be set for such manufacturers taking into account the technological potential of a given manufacturer's vehicles to reduce their specific emissions of CO2 and consistently with the characteristics of the market segments concerned. This derogation should be covered by the review of the specific emission targets in Annex I, to be completed by the beginning of 2013 at the latest.	(14) In order to ensure that targets reflect the particularities of small and niche manufacturers and are consistent with the manufacturer’s reduction potential, alternative emission reduction targets should be set for such manufacturers taking into account the technological potential of a given manufacturer’s vehicles to reduce their specific emissions of CO2 and the average level of CO2 emissions from the light commercial vehicles of all manufacturers and consistently with the characteristics of the market segments concerned. This derogation should be covered by the review of the specific emission targets in Annex I, to be completed by the beginning of 2013 at the latest.
Justification
Setting alternative emission targets will require these manufacturers to make greater efforts than fleet manufacturers but at the same time will give them fair conditions, with the average value of CO2 emissions of manufacturers of light commercial vehicles used as the point of reference.
Amendment  7 Proposal for a regulation Recital 20
Text proposed by the Commission	Amendment
(20) Manufacturers' compliance with the targets under this Regulation should be assessed at the Community level. Manufacturers whose average specific emissions of CO2 exceed those permitted under this Regulation should pay an excess emissions premium with respect to each calendar year from 1 January 2014. The premium should be modulated as a function of the extent to which manufacturers fail to comply with their target. In order to ensure consistency, the premium mechanism should be similar to the one set in Regulation (EC) No 443/2009. The amounts of the excess emissions premium should be considered as revenue in the General Budget of the European Union.	(20) Manufacturers' compliance with the targets under this Regulation should be assessed at the Community level. Manufacturers whose average specific emissions of CO2 exceed those permitted under this Regulation should pay an excess emissions premium with respect to each calendar year from 1 January 2015. The premium should be modulated as a function of the extent to which manufacturers fail to comply with their target. In order to ensure consistency, the premium mechanism should be similar to the one set in Regulation (EC) No 443/2009. The amounts of the excess emissions premium should be considered as revenue in the General Budget of the European Union.
Justification
In view of the longer production cycles for light commercial vehicles, the phase-in should begin in 2015, as vehicles which will be sold in 2014 are already in the development or production phase. Similarly, the excess emissions premium should be imposed starting from 1 January 2015.
Amendment  8 Proposal for a regulation Recital 21 a (new)
Text proposed by the Commission	Amendment
	(21a) In order to ensure that the values of CO2 emissions and fuel efficiency of completed vehicles are representative and that the actual CO2 emissions are not underestimated , the Commission should come forward with a specific calculation methodology to determine the emissions for each type of vehicle.
Justification
The method proposed by the Commission for determining the specific emissions of CO2 of completed vehicles has already been described as unsuitable in a Commission working document, where reference is made to developing an alternative method. Due to the high market share, an appropriate procedure to obtain representative values of CO2 emissions and mass of completed vehicles needs to be determined as soon as possible.
Amendment  9 Proposal for a regulation Recital 23
Text proposed by the Commission	Amendment
(23) New modalities should be considered for reaching the long-term target, in particular the slope of the curve, the utility parameter and the excess emissions premium scheme.	deleted
Justification
Referring to the introduction of additional modalities does not fit in with the approach of the draft regulation.
Amendment  10 Proposal for a regulation Recital 24
Text proposed by the Commission	Amendment
(24) The speed of road vehicles has a strong influence on their fuel consumption and CO2 emissions. In addition, in the absence of speed limitation for light commercial vehicles, it is possible that there is an element of competition as regards top speed which could lead to oversized powertrains and associated inefficiencies in slower operating conditions. It is therefore appropriate to investigate the feasibility of extending the scope of Council Directive 92/6/EEC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community, with the aim of including light commercial vehicles covered in this Regulation.	deleted
Justification
Rules for limiting the speed of vehicles are the responsibility of the Member States. These measures were introduced for reasons of road safety, not for environmental reasons.
Amendment  11 Proposal for a regulation Article 1 – paragraph 2
Text proposed by the Commission	Amendment
2. From 2020, this Regulation sets a target of 135 g CO2/km for the average emissions of new light commercial vehicles registered in the Community.	2. From 2020, this Regulation sets a target of 150 g CO2/km for the average emissions of new light commercial vehicles registered in the Community.
Amendment  12 Proposal for a regulation Article 1 – paragraph 2 a (new)
Text proposed by the Commission	Amendment
	2a. This Regulation is complemented by additional measures corresponding to a reduction of 10 g CO2/km as part of the Community’s integrated approach.
Justification
This proposal is a continuation of the Commission’s regulatory process to address the climate change impacts of road vehicles initiated in 2007.
It’s a continuation, and additionally the provisions should be consistent with the legislative framework for implementing the objectives concerning emissions from the new passenger cars set out in Regulation (EC) NO 443/2009, as it is clearly recognized under the Recital 6 and Article 11 of the present proposal of the regulation.
Amendment  13 Proposal for a regulation Article 2 – paragraph 2
Text proposed by the Commission	Amendment
2. A previous registration outside the Community less than three months before registration in the Community shall not be taken into account.	2. A previous registration outside the Community made less than three months before registration in the Community shall not be taken into account.
Justification
The amendment aims at linguistic clarity and conformity with the text of the Regulation on the reduction of CO2 emissions from cars (EC) No 443/2009.
Amendment  14 Proposal for a regulation Article 3 – paragraph 1 – point f
Text proposed by the Commission	Amendment
(f) 'specific emissions of CO2' means the emissions of a light commercial vehicle measured in accordance with Regulation (EC) No 715/2007 and specified as the CO2 mass emission (combined) in the certificate of conformity;	(f) 'specific emissions of CO2' means the emissions of a light commercial vehicle measured in accordance with Regulation (EC) No 715/2007 and specified as the CO2 mass emission (combined) in the certificate of conformity of the complete or completed vehicle;
Amendment  15 Proposal for a regulation Article 3 – paragraph 1 – point g
Text proposed by the Commission	Amendment
(g) ‘specific emissions target’ means, in relation to a manufacturer, the average of the indicative specific emissions of CO2 determined in accordance with Annex I in respect of each new light commercial vehicle for which it is the manufacturer.	(g) ‘specific emissions target’ means, in relation to a manufacturer, the average of the indicative specific emissions of CO2 determined in accordance with Annex I in respect of each new light commercial vehicle for which it is the manufacturer, or, if the manufacturer is granted a derogation in accordance with Article 10, the specific emissions target determined according to the derogation.
Justification
The reference to the specific emissions targets for manufacturers granted a derogation in accordance to Article 10 of this Regulation should be incorporated, for reasons of conformity with the text of the Regulation on the reduction of CO2 emissions from cars (EC) No 443/2009.
Amendment  16 Proposal for a regulation Article 3 – paragraph 1 – point g a (new)
Text proposed by the Commission	Amendment
	(ga) ‘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.
Justification
Definition added for consistency with Annex II, Part B, Paragraph 5 and 6.
Amendment  17 Proposal for a regulation Article 3 – paragraph 1 – point g b (new)
Text proposed by the Commission	Amendment
	(gb) ‘Payload’: the difference between the technically permissible maximum laden mass pursuant to Annex III to Directive 2007/46/EC and the mass of the vehicle.
Justification
In the interest of legal certainty and clarity, all relevant terms for which the Regulation lays down rules should be incorporated in Article 3 ‘Definitions’.
Amendment  18 Proposal for a regulation Article 4
Text proposed by the Commission	Amendment
For the calendar year commencing 1 January 2014 and each subsequent calendar year, each manufacturer of light commercial vehicles 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 10, in accordance with that derogation.	For the calendar year commencing 1 January 2015 and each subsequent calendar year, each manufacturer of light commercial vehicles 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 10, in accordance with that derogation.
For the purpose of determining each manufacturer's specific emissions of CO2, the following percentages of each manufacturer's new light commercial vehicles registered in the relevant year shall be taken into account:	For the purpose of determining each manufacturer's specific emissions of CO2, the following percentages of each manufacturer's new light commercial vehicles registered in the relevant year shall be taken into account:
	– 65% in 2015,
– 75% in 2014,	– 75% in 2016,
– 80% in 2015,	– 80% in 2017,
– 100% from 2016 onwards.	– 100% from 2018 onwards.
Amendment  19 Proposal for a regulation Article 5
Text proposed by the Commission	Amendment
In calculating the average specific emissions of CO2, each new light commercial vehicle with specific emissions of CO2 of less than 50 g CO2/km shall be counted as:	In calculating the average specific emissions of CO2, each new light commercial vehicle with specific emissions of CO2 of less than 50 g CO2/km shall be counted as:
– 2.5 light commercial vehicles in 2014,	– 3.5 light commercial vehicles in 2015,
– 1.5 light commercial vehicles in 2015,	– 2.5 light commercial vehicles in 2016,
	– 2.0 light commercial vehicles in 2017,
– 1 light commercial vehicle from 2016.	– 1.0 light commercial vehicle from 2018.
Amendment  20 Proposal for a regulation Article 5 a (new)
Text proposed by the Commission	Amendment
	Article 5a
	Speed limitation devices
	For the calendar year commencing 1 January 2014 and each subsequent calendar year, each manufacturer of light commercial vehicles shall ensure that its light commercial vehicles shall be equipped with speed limitation devices for which the maximum speed is set at 120 km/h.
Amendment  21 Proposal for a regulation Article 7 – paragraph 1
Text proposed by the Commission	Amendment
1. For the calendar year commencing 1 January 2012 and each subsequent calendar year, each Member State shall record information for each new light commercial vehicle registered in its territory in accordance with Part A of Annex II. This information shall be made available to the manufacturers and their designated importers or representatives in each Member State. Member States shall make every effort to ensure that reporting bodies operate in a transparent manner.	1. For the calendar year commencing 1 January 2013 and each subsequent calendar year, each Member State shall record information for each new light commercial vehicle registered in its territory in accordance with Part A of Annex II. This information shall be made available to the manufacturers and their designated importers or representatives in each Member State. Member States shall make every effort to ensure that reporting bodies operate in a transparent manner.
Justification
Monitoring should be in line with the implementation of the regulation in order to avoid market distortion and discrimination of manufacturers.
As multi-stage vehicles will be covered by Directive 2007/46/EC (Type-approval) only as of April 2013, it will not be possible to monitor multi-stage vehicles satisfactorily before this date. A pilot exercise should cover a monitoring of multi-stage vehicles and include the same lead-time as for other vehicle categories (e.g. M1).
Vehicle manufacturers should get permanent access to the manufacturer specific data monitored by Member States already during the monitoring year. Such a regular data provision to manufacturers helps the industry to correct data already during the monitoring year and thus reduces the possibilities of data inconsistencies when the Commission provisionally calculates the average CO2 emissions in the preceding year.
Amendment  22 Proposal for a regulation Article 7 – paragraph 2
Text proposed by the Commission	Amendment
2. By 28 February of each year, commencing in 2013, each Member State shall determine and transmit to the Commission the information listed in Part B of Annex II in respect of the preceding calendar year. The data shall be transmitted in accordance with the format specified in Part C of Annex II.	2. By 28 February of each year, commencing in 2014, each Member State shall determine and transmit to the Commission the information listed in Part B of Annex II in respect of the preceding calendar year. The data shall be transmitted in accordance with the format specified in Part C of Annex II.
Justification
Monitoring should be in line with the implementation of the regulation in order to avoid market distortion and discrimination of manufacturers.
As multi-stage vehicles will be covered by Directive 2007/46/EC (Type-approval) only as of April 2013, it will not be possible to monitor multi-stage vehicles satisfactorily before this date. A pilot exercise should cover a monitoring of multi-stage vehicles and include the same lead-time as for other vehicle categories (e.g. M1).
Vehicle manufacturers should get permanent access to the manufacturer specific data monitored by Member States already during the monitoring year. Such a regular data provision to manufacturers helps the industry to correct data already during the monitoring year and thus reduces the possibilities of data inconsistencies when the Commission provisionally calculates the average CO2 emissions in the preceding year.
Amendment  23 Proposal for a regulation Article 7 – paragraph 4 – first subparagraph
Text proposed by the Commission	Amendment
4. The Commission shall keep a central register of the data reported by Member States under this Article and this register shall be publicly available. By 30 June 2013 and each subsequent year, the Commission shall provisionally calculate for each manufacturer:	4. The Commission shall keep a central register of the data reported by Member States under this Article and this register shall be publicly available. By 30 June 2014 and each subsequent year, the Commission shall provisionally calculate for each manufacturer:
Justification
Consistency reasons. Monitoring should be in line with the implementation of the regulation in order to avoid market distortion and discrimination of manufacturers. Experience from the passenger car regulation shows difficulties of monitoring. More lead-time for establishing a reliable monitoring system is needed in particular as full N1 data at EU-27 level are not available today, i.e. making the starting point more difficult than for passenger cars.
Amendment  24 Proposal for a regulation Article 7 – paragraph 7
Text proposed by the Commission	Amendment
7. In relation to the calendar year 2012 and 2013 and on the basis of the calculations performed pursuant to paragraph 5, the Commission shall notify a manufacturer where it appears to the Commission that the manufacturer's average specific emissions of CO2 exceed its specific emissions target.	7. In relation to the calendar year 2013 and 2014 and on the basis of the calculations performed pursuant to paragraph 5, the Commission shall notify a manufacturer where it appears to the Commission that the manufacturer's average specific emissions of CO2 exceed its specific emissions target.
Justification
Consistency reasons. Monitoring should be in line with the implementation of the regulation in order to avoid market distortion and discrimination of manufacturers.
Amendment  25 Proposal for a regulation Article 7 – paragraph 10 a (new)
Text proposed by the Commission	Amendment
	10a. As of 1 January 2014 the monitoring shall be extended to completed vehicles.
Justification
The Whole Vehicle Type Approval (2007/46/EC) will only be applied to all types of completed vehicles from May 2013 onwards. Thus, as of January 2014 the monitoring shall be extended to completed vehicles. 2014 will be the first full calendar year of monitoring and collecting the CO2 emissions and mass of completed vehicles according to new procedure available.
Amendment  26 Proposal for a regulation Article 8
Text proposed by the Commission	Amendment
1. In respect of the period 1 January 2014 and every calendar year thereafter, the Commission shall impose an excess emissions premium on a manufacturer or pool manager, as appropriate, where a manufacturer's average specific emissions of CO2 exceed its specific emissions target.	1. In respect of the period 1 January 2015 and every calendar year thereafter, the Commission shall impose an excess emissions premium on a manufacturer or pool manager, as appropriate, where a manufacturer's average specific emissions of CO2 exceed its specific emissions target.
2. The excess emissions premium under paragraph 1 shall be calculated using the following formula	2. The excess emissions premium under paragraph 1 shall be calculated using the following formula
(a) From 2014 to 2018:	(a) From 2015 to 2019:
(i) For excess emissions of more than 3 g CO2/km:	(i) For excess emissions of more than 3 g CO2/km:
((Excess emissions – 3) × €120 + €45) × number of new light commercial vehicles.	((Excess emissions – 3) × €95 + €45) × number of new light commercial vehicles.
(ii) For excess emissions of more than 2 but no more than 3 g CO2/km:	(ii) For excess emissions of more than 2 but no more than 3 g CO2/km:
((Excess emissions – 2) × €25 + €20) × number of new light commercial vehicles.	((Excess emissions – 2) × €25 + €20) × number of new light commercial vehicles.
(iii) For excess emissions of more than 1 but no more than 2 g CO2/km:	(iii) For excess emissions of more than 1 but no more than 2 g CO2/km:
((Excess emissions – 1) × €15 + €5) × number of new light commercial vehicles.	((Excess emissions – 1) × €15 + €5) × number of new light commercial vehicles.
(iv) For excess emissions of no more than 1 g CO2/km:	(iv) For excess emissions of no more than 1 g CO2/km:
Excess emissions × €5 × number of new light commercial vehicles.	Excess emissions × €5 × number of new light commercial vehicles.
(b) From 2019:	(b) From 2020:
(Excess emissions × €120) × number of new light commercial vehicles.	(Excess emissions × €95) × number of new light commercial vehicles.
3. The Commission shall establish methods for the collection of excess emissions premiums under paragraph 1.	3. The Commission shall establish methods for the collection of excess emissions premiums under paragraph 1.
Those measures designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).	Those measures designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).
4. The amounts of the excess emissions premium shall be considered as revenue for the general budget of the European Union.	4. The amounts of the excess emissions premium shall be considered as revenue for the general budget of the European Union.
Amendment  27 Proposal for a regulation Article 9 – paragraph 1 – introductory phrase
Text proposed by the Commission	Amendment
1. By 31 October 2013 and 31 October each subsequent year, the Commission shall publish a list indicating for each manufacturer:	1. By 31 October 2014 and 31 October each subsequent year, the Commission shall publish a list indicating for each manufacturer:
Justification
Consistency reasons. Publication should be in line with the implementation of the regulation in order to avoid market distortion and discrimination of manufacturers.
Amendment  28 Proposal for a regulation Article 9 – paragraph 2
Text proposed by the Commission	Amendment
2. From the 31 October 2014, the list published under paragraph 1 shall also indicate whether the manufacturer has complied with the requirements of Article 4 with respect to the preceding calendar year.	2. From 31 October 2016, the list published under paragraph 1 shall also indicate whether the manufacturer has complied with the requirements of Article 4 with respect to the preceding calendar year.
Justification
Follows from the change to the starting date (phase-in to begin in 2015).
Amendment  29 Proposal for a regulation Article 10 – paragraph 1 – introduction
Text proposed by the Commission	Amendment
1. An application for a derogation from the specific emissions target calculated in accordance with Annex I may be made by a manufacturer of fewer than 22 000 new light commercial vehicles registered in the Community per calendar year and:	1. An application for a derogation from the specific emissions target calculated in accordance with Annex I may be made by a manufacturer of fewer than 25 000 new light commercial vehicles registered in the Community per calendar year and:
Justification
Increasing the number of new light commercial vehicles to 25 000 better reflects the situation of small manufacturers than a limit of 22 000.
Amendment  30 Proposal for a regulation Article 10 – paragraph 1 – point (b)
Text proposed by the Commission	Amendment
(b) is part of a group of connected manufacturers that is responsible in total for fewer than 22 000 new light commercial vehicles registered in the Community per calendar year; or	(b) is part of a group of connected manufacturers that is responsible in total for fewer than 25 000 new light commercial vehicles registered in the Community per calendar year; or
Justification
Increasing the number of new light commercial vehicles to 25 000 better reflects the situation of small manufacturers than a limit of 22 000.
Amendment  31 Proposal for a regulation Article 10 – paragraph 2 – point (d)
Text proposed by the Commission	Amendment
(d) a specific emissions target consistent with its reduction potential, including the economic and technological potential to reduce its specific emissions of CO2 and taking into account the characteristics of the market for the type of light commercial vehicle manufactured.	(d) a specific emissions target consistent with its reduction potential, including the economic and technological potential to reduce its specific emissions of CO2, and with the average value of CO2 emissions from light commercial vehicles made by all manufacturers, and taking into account the characteristics of the market for the type of light commercial vehicle manufactured.
Justification
Setting alternative emission targets will require these manufacturers to make greater efforts than fleet manufacturers but at the same time will give them fair conditions, with the average value of CO2 emissions of manufacturers of light commercial vehicles used as the point of reference.
Amendment  32 Proposal for a regulation Article 11 – paragraph 2 – first subparagraph
Text proposed by the Commission	Amendment
2. The Commission shall by 31 December 2012, adopt detailed provisions for a procedure to approve such innovative technologies in accordance with the regulatory procedure referred to in Article 13(2). Those detailed provisions shall be based on the following criteria for innovative technologies:	2. The Commission shall by 31 December 2012, adopt detailed provisions for a procedure to approve such innovative technologies in accordance with the regulatory procedure referred to in Article 13(2). Those detailed provisions shall be in accordance with the provisions established in accordance with Article 12(2), of Regulation (EC) 443/2009 and be based on the following criteria for innovative technologies:
Justification
Article 12 paragraph 2 of the passenger car CO2 regulation (443/2009) mentions that the Commission shall, by 2010, adopt detailed provisions for a procedure to approve such innovative technologies. The provisions for the approval procedure, which are currently being discussed for passenger cars, should be applied on LCVs as well. No difference should be made between eco-innovations for passenger cars and LCVs, nor should there be a difference in the approval procedure. Any double work should be avoided.
Amendment  33 Proposal for a regulation Article 12
Text proposed by the Commission	Amendment
1. By 31 October 2016, and every three years thereafter, measures shall be adopted to amend Annex I to adjust the figure M0, referred to therein, to the average mass of new light commercial vehicles in the previous three calendar years.	1. By 31 October 2016, and every three years thereafter, measures shall be adopted to amend Annex I to adjust the figure M0, referred to therein, to the average mass of new light commercial vehicles in the previous three calendar years.
Those measures shall take effect for the first time on 1 January 2018 and every three years thereafter.	Those measures shall take effect for the first time on 1 January 2019 and every three years thereafter.
Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).	Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).
2. The Commission shall include light commercial vehicles in the review of the procedures for measuring CO2 emissions in accordance with Article 13(3) of Regulation (EC) No 443/2009.	2. The Commission shall include light commercial vehicles in the review of the procedures for measuring CO2 emissions in accordance with Article 13(3) of Regulation (EC) No 443/2009.
From the date of application of the revised procedure for the measuring of CO2 emissions, innovative technologies shall no longer be approved under the procedure set out in Article 11.	From the date of application of the revised procedure for the measuring of CO2 emissions, innovative technologies shall no longer be approved under the procedure set out in Article 11.
3. The Commission shall include light commercial vehicles in the review of Directive 2007/46/EC in accordance with Article 13(4) of Regulation (EC) No 443/2009.	3. The Commission shall include light commercial vehicles in the review of Directive 2007/46/EC in accordance with Article 13(4) of Regulation (EC) No 443/2009.
4. By 1 January 2013, the Commission shall complete a review of the specific emissions targets in Annex I and of the derogations in Article 10, with the aim of defining:	4. By 1 January 2013, the Commission shall complete a review of the specific emissions targets in Annex I and of the derogations in Article 10, with the aim of defining:
– subject to confirmation of its feasibility on the basis of updated impact assessment results, the modalities for reaching, by the year 2020, a long-term target of 135 g CO2/km in a cost-effective manner; and	– subject to confirmation of its feasibility on the basis of updated impact assessment results, the modalities for reaching, by the year 2020, a long-term target of 150 g CO2/km in a cost-effective manner; and
– the aspects of the implementation of that target, including the excess emissions premium.	– the aspects of the implementation of that target, including the excess emissions premium.
On the basis of such a review and its impact assessment, which includes an overall assessment of the impact on the car industry and its dependent industries, the Commission shall, if appropriate,	On the basis of such a review and its impact assessment, which includes an overall assessment of the impact on the car industry and its dependent industries, the Commission shall, if appropriate,
– make a proposal to amend this Regulation in a way which is as neutral as possible from the point of view of competition, and which is socially equitable and sustainable,	– make a proposal to amend this Regulation in a way which is as neutral as possible from the point of view of competition, and which is socially equitable and sustainable,
– confirm the inclusion in this Regulation of vehicles in category N2 and M2 as defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and to vehicles to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007.	– identify the modalities for an inclusion in this Regulation of vehicles in category N2 and M2 as defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and to vehicles to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007.
Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).	The Commission shall make a proposal to the European Parliament and Council on those measures, designed to amend essential elements of this Regulation.
5. The Commission shall by 2014, following an impact assessment, publish a report on the availability of data on footprint and payload and their use as utility parameters for determining specific emissions targets and, if appropriate, submit a proposal to the European Parliament and to the Council to amend Annex I.	5. The Commission shall by 2014, following an impact assessment, publish a report on the availability of data on footprint and payload and their use as utility parameters for determining specific emissions targets and, if appropriate, submit a proposal to the European Parliament and to the Council to amend Annex I.
6. Measures shall be adopted to provide for the necessary adaptation to the formulae of Annex I in order to reflect any change in the regulatory test procedure for the measurement of specific CO2 emissions.	6. Measures shall be adopted to provide for the necessary adaptation to the formulae of Annex I in order to reflect any change in the regulatory test procedure for the measurement of specific CO2 emissions.
Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).	Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).
7. The Commission shall by 2015 review the method of determining the specific emissions of CO2 of completed vehicles in paragraph 7 of Part B of Annex II and, if appropriate, submit a proposal to the European Parliament and to the Council to amend Annex II.	7. The Commission shall by 2011 submit a proposal for a procedure for determining the specific emissions of CO2 of completed vehicles to the European Parliament and to the Council.
Amendment  34 Proposal for a regulation Article 13 – paragraph 1
Text proposed by the Commission	Amendment
1. The Commission shall be assisted by the committee instituted by Article 8 of Decision 93/389/EEC.	1. The Commission shall be assisted by the committee instituted by Article 9 of Decision 280/2004/EC.
Justification
Technical amendment, as Article 9 of Decision 280/2004/EC in its current form replaces Article 8 of Decision 93/389/EEC and, by analogy with the Regulation on the reduction of CO2 emissions from passenger cars (EC) No 443/2009, should appear as a reference.
Amendment  35 Proposal for a regulation Annex I
Text proposed by the Commission	Amendment
1. The indicative specific emissions of CO2 for each light commercial vehicle, measured in grams per kilometre, shall be determined in accordance with the following formulae:	1. The specific emissions of CO2 for each light commercial vehicle, measured in grams per kilometre, shall be determined in accordance with the following formulae:
(a) From 2014 to 2017:	(a) From 2015 to 2018:
Indicative specific emission of CO2 = 175 + a × (M – M0)	Indicative specific emission of CO2 = 175 + a × (M – M0)
Where:	Where:
M = mass of the vehicle in kilograms (kg)	M = mass of the vehicle in kilograms (kg)
M0 = 1 706.0	M0 = 1 706.0
a = 0.093	a = 0.093
(b) From 2018:	(b) From 2019:
Indicative specific emission of CO2 = 175 + a × (M – M0)	Specific emission of CO2 = 175 + a × (M – M0)
Where:	Where:
M = mass of the vehicle in kilograms (kg)	M = mass of the vehicle in kilograms (kg)
M0 = the value adopted pursuant to Article 12(1)	M0 = the value adopted pursuant to Article 12(1)
a = 0.093	a = 0.093
Amendment  36 Proposal for a regulation Annex II – part A – point 1 – introductory part
Text proposed by the Commission	Amendment
1. For the year beginning 1 January 2011 and each subsequent year, Member States shall record the following details for each new light commercial vehicle registered in its territory:	1. For the year beginning 1 January 2013 and each subsequent year, Member States shall record the following details for each new light commercial vehicle registered in its territory:
Justification
Consistency reasons. Monitoring should be in line with the implementation of the regulation in order to avoid market distortion and discrimination of manufacturers.
Amendment  37 Proposal for a regulation Annex II – part A – point 3 – introductory part
Text proposed by the Commission	Amendment
3. For the calendar year commencing 1 January 2011 and each subsequent calendar year, each Member State shall determine, in accordance with the methods set out in Part B, for each manufacturer:	3. For the calendar year commencing 1 January 2013 and each subsequent calendar year, each Member State shall determine, in accordance with the methods set out in Part B, for each manufacturer:
Justification
Consistency reasons. Monitoring should be in line with the implementation of the regulation in order to avoid market distortion and discrimination of manufacturers.
Amendment  38 Proposal for a regulation Annex II – part B – number 7
Text proposed by the Commission	Amendment
(7) Specific emissions of completed vehicles	deleted
The specific emissions of completed vehicles shall be determined in accordance with Directive 2004/3/EC. Where that value is not available, the specific emissions of a completed vehicle shall be set equal to the highest value of the specific emissions of all complete vehicles that are of the same type of vehicle as the incomplete vehicle on which the completed vehicle is based, and that have been registered in the EU in the same monitoring year, where 'type of vehicle' is defined in accordance with Article 3 of Directive 2007/46/EC. If there are more than three different values of specific emissions of all complete vehicles, the second-highest specific emissions shall be used.
Justification
The method proposed by the Commission for determining the specific emissions of CO2 of completed vehicles has already been described as unsuitable in a Commission working document, where reference is made to developing an alternative method.

PROCEDURE

Title	Emission performance standards for new light commercial vehicles
References	COM(2009)0593 – C7-0271/2009 – 2009/0173(COD)
Committee responsible	ENVI
Opinion by        Date announced in plenary	ITRE 24.11.2009
Associated committee(s) - date announced in plenary	20.5.2010
Rapporteur        Date appointed	Werner Langen 11.2.2010
Discussed in committee	7.4.2010		28.4.2010		31.5.2010
Date adopted	24.6.2010
Result of final vote	+: –: 0:	41 14 0
Members present for the final vote	Zigmantas Balčytis, Ivo Belet, Bendt Bendtsen, Jan Březina, Reinhard Bütikofer, Maria Da Graça Carvalho, Jorgo Chatzimarkakis, Giles Chichester, Pilar del Castillo Vera, Christian Ehler, Ioan Enciu, Adam Gierek, Norbert Glante, Fiona Hall, Edit Herczog, Lena Kolarska-Bobińska, Béla Kovács, Philippe Lamberts, Marisa Matias, Judith A. Merkies, Angelika Niebler, Jaroslav Paška, Anni Podimata, Miloslav Ransdorf, Herbert Reul, Teresa Riera Madurell, Paul Rübig, Amalia Sartori, Francisco Sosa Wagner, Konrad Szymański, Britta Thomsen, Patrizia Toia, Ioannis A. Tsoukalas, Claude Turmes, Niki Tzavela, Marita Ulvskog, Vladimir Urutchev, Adina-Ioana Vălean, Alejo Vidal-Quadras, Henri Weber
Substitute(s) present for the final vote	Matthias Groote, Andrzej Grzyb, Jolanta Emilia Hibner, Yannick Jadot, Werner Langen, Marian-Jean Marinescu, Vladko Todorov Panayotov, Markus Pieper, Mario Pirillo, Vladimír Remek, Frédérique Ries, Hermann Winkler
Substitute(s) under Rule 187(2) present for the final vote	Izaskun Bilbao Barandica, Jacqueline Foster, Jan Zahradil

OPINION of the Committee on Transport and Tourism (1.7.2010)

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a regulation of the European Parliament and of the Council setting emission performance standards for new light commercial vehicles as part of the Community's integrated approach to reduce CO₂ emissions from light-duty vehicles
(COM(2009)0593 – C7‑0271/2009 – 2009/0173(COD))

Rapporteur: Oldřich Vlasák

SHORT JUSTIFICATION

1.  The draft Regulation is based upon the premise that lowering the fuel consumption of light-commercial vehicles (LCVs) will reduce the overall level of CO2 emissions from transport thus mitigating "climate change";

2.  The proposal sets CO2 emission limits for new LCVs in the EU. Each manufacturer or importer that does meet the requirements within the specified timescale will face fines;

3.  The motivation of the European Commission is to ensure manufacturers place new vehicles with improved CO2 emissions performance on the market. This will enable users to upgrade their fleets and lower their contribution to transport's "CO2 footprint";

4.  Nevertheless, it is questionable whether this proposal will accomplish this aim:

i)  The relation between the trends described as "climate change" and human activities (transport included) is widely accepted but has not yet been proven conclusively,

ii)  The quantity of CO2 emissions depends to a large extent on vehicle fuel consumption and is therefore not just related to engine technology but also to other characteristics (tyres, fuel quality) and the conditions in which the vehicle is operated (infrastructure quality, speed, congestion, load weight, etc.),

iii)  Therefore focusing on technology alone will not necessarily achieve the desired results,

iv)  The proposal, which is modelled on the Regulation on passenger cars (Regulation (EC) No 443/2009), fails to take sufficient account of the basic differences between passenger cars and LCVs and is, in fact, even more ambitious: the timescale is shorter and the penalties are higher (120 EUR vs. 95 EUR);

v)  The measures proposed are focused on the offer-side of the economic chain but do not induce the demand for improved light-commercial vehicles (incentives for the operators/buyers) and do not tackle other important fuel consumption aspects;

vi)  Achieving the targets of 175 (2016) and 135 (2020)g CO2/km will require greater investment by the automotive industry in the development of new technologies,

vii)  Not only will these investments impact on the price of the vehicles (up to 10% price increase), lowering their affordability and hence discouraging operators from their purchase, (this will force them to use their current fleet with lower performance in terms of fuel consumption and CO2 emissions and in some countries it may result even in an increased second-hand-cars import),

viii)  but the automotive industry is also facing problems as demand for new cars has rapidly decreased due to the economic crisis; potential obligatory investments into new technologies are therefore difficult to achieve and will worsen the profitability of the industry (especially with regard to the 135 g CO2/km target in 2020),

ix)  Furthermore, the automotive industry is already obliged to devote a large share of R&D spending to meet the Euro 5 and Euro 6 targets,

5.  There are significant concerns as to whether the measures will meet the original goal of preventing "climate-change" and whether the targets and time-table proposed are realistic and feasible;

6.  Taking into account:

i)  Regulations no. 2007/46, 715/2007 and 443/2009;

ii)  This sector's relatively low share of overall CO2 emissions;

iii)  The need to improve fuel consumption effectiveness and hence CO2 emission performance in the transport sector to increase air quality;

iv)  Industry's existing voluntary commitments (e.g. the International Road Transport Union's Resolution on a voluntary commitment to reduce CO2 emissions by 30% by 2030);

v)  Overall trends of improving fuel consumption efficiency resulting from demand from operators in this highly competitive industry;

vi)  The existing optimisation of LCVs' fuel consumption and hence a reduced potential for further improvement;

vii)  The specific production cycle of LCVs (approximately ten years): longer than that of passenger cars;

viii)  The risk of LCV classes which cannot meet the targets disappearing as users purchase several lower emitting vehicles rather than a larger vehicle type that has been withdrawn because it could not meet the targets;

ix)  That specific kinds of LCV used e.g. by police, rescue forces or for other special purposes of general interest may not be able to meet the targets;

x)  The economic downturn and its severe impact on car manufacturers and users;

xi)  The need to support industry (manufacturers) rather than disadvantaging it with onerous measures (or even fines);

xii)  The need to support business (users) rather then inducing additional costs via questionable political measures;

xiii)  The need for further incentives to support the demand for and use of vehicles with improved fuel efficiency;

xiv)  The danger of imposing practical burdens on industry and related sectors via innovative but impractical policies;

xv)  TRAN's role as a promoter of the mobility in EU.

The main points of the Rapporteur's proposal are therefore:

· to postpone the entry into force of the Regulation (by 3 years for the 175 g CO2/km target);

· to lower the 2020 target from 135 to 162g CO2/km;

· to use the revenues from the Excess Emissions Premium to finance projects aimed at lowering the impact of transport on the environment;

· and to improve super-credits measures, harmonise the LCV and passenger car penalties in addition to other amendments.

AMENDMENTS

The Committee on Transport and Tourism calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1 Proposal for a regulation Recital 15
Text proposed by the Commission	Amendment
(15) The Community Strategy to reduce CO2 emissions from passenger cars and light commercial vehicles established an integrated approach with a view to reaching the Community target of 120 g CO2/km by 2012, while also presenting a longer-term vision of further emission reductions. Regulation (EC) No 443/2009 substantiates this longer-term view by setting a target of 95 g CO2/km as average emissions for the new car fleet. In order to ensure consistency with that approach and to provide planning certainty for the industry, a long-term target for the specific emissions of CO2 of light commercial vehicles in 2020 should be set.	(15) The Community Strategy to reduce CO2 emissions from passenger cars and light commercial vehicles established an integrated approach with a view to reaching the Community target of 120 g CO2/km by 2012, while also presenting a longer-term vision of further emission reductions. Regulation (EC) No 443/2009 substantiates this longer-term view by setting a target of 95 g CO2/km as average emissions for the new car fleet. In order to ensure consistency with that approach and to provide planning certainty for the industry, a long-term target for the specific emissions of CO2 of light commercial vehicles in 2022 should also be set. The target of 135 g CO2/km as average emissions must be met by 2022.
Amendment  2 Proposal for a regulation Recital 20
Text proposed by the Commission	Amendment
(20) Manufacturers’ compliance with the targets under this Regulation should be assessed at the Community level. Manufacturers whose average specific emissions of CO2 exceed those permitted under this Regulation should pay an excess emissions premium with respect to each calendar year from 1 January 2014. The premium should be modulated as a function of the extent to which manufacturers fail to comply with their target. In order to ensure consistency, the premium mechanism should be similar to the one set in Regulation (EC) No 443/2009. The amounts of the excess emissions premium should be considered as revenue in the General Budget of the European Union.	(20) Manufacturers’ compliance with the targets under this Regulation should be assessed at the Community level. Manufacturers whose average specific emissions of CO2 exceed those permitted under this Regulation should pay an excess emissions penalty with respect to each calendar year from 1 January 2014. The penalty should be modulated as a function of the extent to which manufacturers fail to comply with their target. In order to ensure consistency, the penalty mechanism should be similar to the one set in Regulation (EC) No 443/2009. The amounts of the excess emissions penalty should be considered as revenue in the General Budget of the European Union.
	(This amendment aims to replace the word ‘premium’ with ‘penalty’. It applies throughout the text.)
Justification
This amendment aims to replace the word ‘premium’ with ‘penalty’. It applies throughout the text (recitals 23 and 26 and Articles 6, 8, 10 and 12).
Amendment  3 Proposal for a regulation Recital 21 a new
Text proposed by the Commission	Amendment
	(21a) In order to ensure that the values of CO2 emissions and fuel efficiency of completed vehicles are representative, the Commission should consider, where appropriate, reviewing the type approval legislation.
Justification
In order to account for the specific conditions of "multi-stage vehicles", vehicles which are first built in an incomplete state and must then undergo at least one further stage of completion by a different manufacturer, the European Commission has put forward recommended amendments to the original proposal. This amendment reflects those recommendations.
Amendment  4 Proposal for a regulation Recital 23 a (new)
Text proposed by the Commission	Amendment
	(23a) The beneficial effects of speed limitation devices with regard to the protection of the environment, energy consumption, the wear and tear of the motor and tyres and road safety will help in attaining the objectives of this Regulation.
Amendment  5 Proposal for a regulation Recital 24
Text proposed by the Commission	Amendment
(24) The speed of road vehicles has a strong influence on their fuel consumption and CO2 emissions. In addition, in the absence of speed limitation for light commercial vehicles, it is possible that there is an element of competition as regards top speed which could lead to oversized powertrains and associated inefficiencies in slower operating conditions. It is therefore appropriate to investigate the feasibility of extending the scope of Council Directive 92/6/EEC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community, with the aim of including light commercial vehicles covered in this Regulation.	(24) The speed of road vehicles has a strong influence on their fuel consumption and CO2 emissions. In addition, in the absence of speed limitation for light commercial vehicles, it is possible that there is an element of competition as regards top speed which could lead to oversized powertrains and associated inefficiencies in slower operating conditions. It is therefore appropriate to extend the scope of Council Directive 92/6/EEC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community, with the aim of including light commercial vehicles covered in this Regulation.
Justification
Unlike heavy duty vehicles, light commercial vehicles are not currently equipped with speed limitation devices. Speed limiters are a very cost-effective way to reduce fuel consumption, CO2 emissions and contribute to road safety. The scope of Directive 92/6/EEC, as amended by Directive 2002/85/EC, needs to be extended in order to include light duty vehicles within the provisions set by this Directive.
Amendment  6 Proposal for a regulation Article 1 – paragraph 2
Text proposed by the Commission	Amendment
2. From 2020, this Regulation sets a target of 135 g CO2/km for the average emissions of new light commercial vehicles registered in the Community.	2. From 2022, this Regulation sets a target of 135 g CO2/km for the average emissions of new light commercial vehicles registered in the Community.
Amendment  7 Proposal for a regulation Article 3 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) ‘average specific emissions of CO2’ means, in relation to a manufacturer, the average of the specific emissions of CO2 of all light commercial vehicles of which it is the manufacturer;	(a) ‘average specific emissions of CO2’ means, in relation to a manufacturer, the average of the specific emissions of CO2 of all light commercial vehicles, as referred to in Article 2, of which it is the manufacturer;
Amendment  8 Proposal for a regulation Article 3 – paragraph 1 – point f
Text proposed by the Commission	Amendment
(f) 'specific emissions of CO2' means the emissions of a light commercial vehicle measured in accordance with Regulation (EC) No 715/2007 and specified as the CO2 mass emission (combined) in the certificate of conformity;	(f) 'specific emissions of CO2' means the emissions of a light commercial vehicle measured in accordance with Regulation (EC) No 715/2007 and specified as the CO2 mass emission (combined) in the certificate of conformity of the complete or completed vehicle;
Justification
In order to account for the specific conditions of "multi-stage vehicles", the European Commission has put forward recommended amendments to the original proposal. This amendment reflects those recommendations.
Amendment  9 Proposal for a regulation Article 3 – paragraph 1 – point g a (new)
Text proposed by the Commission	Amendment
	(ga) ‘complete vehicle’ means any vehicle which need not be completed in order to meet the relevant technical requirements of Directive 2007/46/EC.
Justification
Completed vehicles are covered by the legislative proposal.
Amendment  10 Proposal for a regulation Article 3 – paragraph 1 – point g b (new)
Text proposed by the Commission	Amendment
	(gb) ‘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.
Justification
Consistency reasons with Annex II, Part B, Paragraph 5
Amendment  11 Proposal for a regulation Article 4 – subparagraph 1 a (new)
Text proposed by the Commission	Amendment
	Where the specific emissions of the completed vehicle are not available, the manufacturer of the base vehicle shall use the specific emissions of the base vehicle for determining its average specific emissions of CO2.
Justification
In order to account for the specific conditions of "multi-stage vehicles", the European Commission has put forward recommended amendments to the original proposal. This amendment reflects those recommendations.
Amendment  12 Proposal for a regulation Article 4 – subparagraph 2 – indents 1, 2 and 3
Text proposed by the Commission	Amendment
-75% in 2014,	-50% in 2014,
-80% in 2015,	-75% in 2015,
-100% from 2016 onwards.	-100% from 2016 onwards
Amendment  13 Proposal for a regulation Article 5 – title
Text proposed by the Commission	Amendment
Super-credits	Super-credits and financial incentives
Justification
The need to extend the scope of the regulation in order to encourage the renewal of the light commercial vehicle fleet
Amendment  14 Proposal for a regulation Article 5 – paragraph - 1 a (new)
Text proposed by the Commission	Amendment
	- 1a. Member States may make provision for financial incentives that apply to vehicles in series production which comply with this Regulation and its implementing measures.
	Those incentives shall be valid for all new vehicles offered for sale on the market of a Member State which comply at least with the specific emission targets in Annex I in advance of the dates set out in Annex I and they shall cease on the dates set out therein.
Justification
In order to achieve targets we need to encourage the renewal of the fleet.
Amendment  15 Proposal for a regulation Article 5 – paragraph - 1 b (new)
Text proposed by the Commission	Amendment
	- 1b. Member States may grant financial incentives for the retrofitting of in-use vehicles and for scrapping vehicles which do not comply with this Regulation.
Justification
In order to achieve targets we need to encourage the renewal of the fleet.
Amendment  16 Proposal for a regulation Article 5 – paragraph - 1 c (new)
Text proposed by the Commission	Amendment
	- 1c. For each type of vehicle, the financial incentives referred to in paragraphs -1a and -1b shall not exceed the additional cost of the technical devices introduced to ensure compliance with the specific emission targets in Annex I, including the cost of installation in the vehicle.
Justification
The financial incentives need to be linked with the additional cost of the technical devices introduced to ensure compliance with the emission limits.
Amendment  17 Proposal for a regulation Article 5 – paragraph - 1 d (new)
Text proposed by the Commission	Amendment
	- 1d. The Commission shall be informed in sufficient time of plans to institute or change the financial incentives referred to in paragraphs - 1a and -1b.
Justification
The Commission shall have a coordinating role.
Amendment  18 Proposal for a regulation Article 5 – introductory part – indents 1, 2 and 3
Text proposed by the Commission	Amendment
- 2,5 light commercial vehicles in 2014,	- 2,5 light commercial vehicles in 2014,
- 1,5 light commercial vehicles in 2015,	- 1,5 light commercial vehicles in 2016,
- 1 light commercial vehicle from 2016.	- 1 light commercial vehicle from 2018.
Amendment  19 Proposal for a regulation Article 5 a (new)
Text proposed by the Commission	Amendment
	Article 5a
	Speed limitation
	From 2018 on, manufacturers of light commercial vehicles shall ensure that all new light commercial vehicles falling within the scope of this Regulation, as set out in Article 2, are equipped with speed limitation devices for which the maximum speed is set at 120 km/h.
Justification
Unlike heavy duty vehicles, light commercial vehicles are not currently equipped with speed limitation devices. Speed limiters are a very cost-effective way to reduce fuel consumption, CO2 emissions and contribute to road safety.
Amendment  20 Proposal for a regulation Article 8 – paragraph 1
Text proposed by the Commission	Amendment
1. In respect of the period 1 January 2014 and every calendar year thereafter, the Commission shall impose an excess emissions premium on a manufacturer or pool manager, as appropriate, where a manufacturer’s average specific emissions of CO2 exceed its specific emissions target.	1. In respect of the period 1 January 2014 and every calendar year thereafter, the Commission shall strictly impose an excess emissions premium on every manufacturer or pool manager, as appropriate, where a manufacturer’s average specific emissions of CO2 exceed its specific emissions target.
Amendment  21 Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – point a – point i
Text proposed by the Commission	Amendment
(a) From 2014 until 2018	(a) From 2014 until 2018
(i) For excess emissions of more than 3 g CO2/km:	(i) For excess emissions of more than 3 g CO2/km:
((Excess emissions – 3) × €120 + 45 €) × number of new light commercial vehicles.	((Excess emissions - 3) x €95 + 45 €) x number of new light commercial vehicles.
Justification
The excess emissions premium should be consistent with that in Regulation (EC) No 443/2009 (CO2 from cars).
Amendment  22 Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – point b – introductory part
Text proposed by the Commission	Amendment
(b) From 2019:	(b) From 2019:
(Excess emissions × €120) × number of new light commercial vehicles.	(Excess emissions × €95) × number of new light commercial vehicles.
Amendment  23 Proposal for a regulation Article 8 – paragraph 2 – subparagraph 2 – first point
Text proposed by the Commission	Amendment
‘excess emissions’ means the positive number of grams per kilometre by which a manufacturer’s average specific emissions of CO2 taking into account CO2 emissions reductions due to innovative technologies approved in accordance with Article 11 exceeded its specific emissions target in the calendar year or part of the calendar year to which the obligation under Article 4 applies, rounded to the nearest three decimal places; and	‘excess emissions’ means the positive number of grams per kilometre by which a manufacturer’s average specific emissions of CO2 taking into account CO2 emissions reductions due to innovative technologies approved in accordance with Article 11 and to the use of speed-limiting devices in accordance with Article 5a, exceeded its specific emissions target in the calendar year or part of the calendar year to which the obligation under Article 4 applies, rounded to the nearest three decimal places; and
Amendment  24 Proposal for a regulation Article 8 – paragraph 4
Text proposed by the Commission	Amendment
4.The amounts of the excess emissions premium shall be considered as revenue for the general budget of the European Union.	4. The amounts of the excess emissions premium shall be considered as revenue for the general budget of the European Union, and shall be used solely to finance projects aimed at innovative technologies for the benefit of lowering the negative impacts of transport on the environment.
Justification
The revenue from the excess emissions premium should be earmarked for research into further improving the environmental performance of the sector.
Amendment  25 Proposal for a regulation Article 10 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
An application for a derogation from the specific emissions target calculated in accordance with Annex I may be made by a manufacturer of fewer than 22 000 new light commercial vehicles registered in the Community per calendar year and:	An application for a derogation from the specific emissions target calculated in accordance with Annex I may be made by a manufacturer of fewer than 25 000 new light commercial vehicles registered in the Community per calendar year and:
Justification
Taking into account that the small manufacturers' total share on the LCV market is only 5%, the Rapporteur suggests extending the limit of 22,000 vehicles registered (1% of total EU LCV sales) to 25,000 (approx. 1.4%). This would still be less than the figure (equivalent to 2% of total sales) adopted in Regulation (EC) No 443/2009 on the reduction of CO2 from new passenger cars. This would permit greater flexibility for small manufacturers when exiting the economic crisis.
Amendment  26 Proposal for a regulation Article 10 – paragraph 1 – introductory part – point b
Text proposed by the Commission	Amendment
(b) is part of a group of connected manufacturers that is responsible in total for fewer than 22 000 new light commercial vehicles registered in the Community per calendar year; or	(b) is part of a group of connected manufacturers that is responsible in total for fewer than 25 000 new light commercial vehicles registered in the Community per calendar year; or
Justification
Taking into account that the small manufacturers' total share on the LCV market is only 5%, the Rapporteur suggests extending the limit of 22,000 vehicles registered (1% of total EU LCV sales) to 25,000 (approx. 1.4%). This would still be less than the figure (equivalent to 2% of total sales) adopted in Regulation (EC) No 443/2009 on the reduction of CO2 from new passenger cars. This would permit greater flexibility for small manufacturers when exiting the economic crisis.
Amendment  27 Proposal for a regulation Article 10 – paragraph 2 – point d
Text proposed by the Commission	Amendment
(d) a specific emissions target consistent with its reduction potential, including the economic and technological potential to reduce its specific emissions of CO2 and taking into account the characteristics of the market for the type of light commercial vehicle manufactured.	(d) a specific emissions target consistent with its reduction potential and the industry average, including the economic and technological potential to reduce its specific emissions of CO2 and taking into account the characteristics of the market for the type of light commercial vehicle manufactured
Justification
While the industry average CO2 emission reduction to reach the target of 175 g CO2/km is a reduction of 14%, certain small manufacturers would have to deal with reductions of more than double that. So as not to discriminate against them, the industry average should be among the criteria taken into account during the approval of the derogation.
Amendment  28 Proposal for a regulation Article 11 – paragraph 2 – introductory part
Text proposed by the Commission	Amendment
2. The Commission shall by 31 December 2012, adopt detailed provisions for a procedure to approve such innovative technologies in accordance with the regulatory procedure referred to in Article 13(2). Those detailed provisions shall be based on the following criteria for innovative technologies:	2. The Commission shall by 31 December 2012, adopt detailed provisions for a procedure to approve such innovative technologies in accordance with the regulatory procedure referred to in Article 13(2). Those detailed provisions shall be in accordance with the provisions established under Article 12(2) of Regulation (EC) No 443/2009 and be based on the following criteria for innovative technologies:
Justification
Article 12 paragraph 2 of the passenger car CO2 Regulation (EC) 443/2009 mentions that the Commission shall, by 2010, adopt detailed provisions for a procedure to approve such innovative technologies.
Amendment  29 Proposal for a regulation Article 12 – paragraph 1 – subparagraph 1
Text proposed by the Commission	Amendment
By 31 October 2016, and every three years thereafter, measures shall be adopted to amend Annex I to adjust the figure M0, referred to therein, to the average mass of new light commercial vehicles in the previous three calendar years.	By 31 October 2016, and every three years thereafter, measures shall be adopted to amend Annex I to adjust the figure M0, referred to therein, to the average mass of new light commercial vehicles registered in the previous three calendar years.
Amendment  30 Proposal for a regulation Article 12 – paragraph 4 – subparagraph 1 – indent 1
Text proposed by the Commission	Amendment
subject to confirmation of its feasibility on the basis of updated impact assessment results, the modalities for reaching, by the year 2020, a long-term target of 135 g CO2/km in a cost-effective manner; and	subject to confirmation of its feasibility on the basis of updated impact assessment results, the modalities for reaching, by the year 2022, a long-term target of 135 g CO2/km in a cost-effective manner; and
Amendment  31 Proposal for a regulation Article 12 – paragraph 7
Text proposed by the Commission	Amendment
7.The Commission shall by 2015 review the method of determining the specific emissions of CO2 of completed vehicles in paragraph 7 of Part B of Annex II and, if appropriate, submit a proposal to the European Parliament and to the Council to amend Annex II.	7. By 2014 the Commission shall, where appropriate, establish a procedure for obtaining representative values of CO2 emissions and fuel efficiency of completed vehicles.
Justification
In order to account for the specific conditions of "multi-stage vehicles", the European Commission has put forward recommended amendments to the original proposal. This amendment reflects those recommendations.
Amendment  32 Proposal for a regulation Annex II – part A – point 3 – point d – point ii
Text proposed by the Commission	Amendment
(ii) the specific emissions of CO2;	(ii) the specific emissions of CO2 and the share of emissions reduction as a result of innovative technologies in accordance with Article 11;
Justification
For consistency of the text
Amendment  33 Proposal for a regulation Annex II – part B – point 7
Text proposed by the Commission	Amendment
7. Specific emissions of completed vehicles. The specific emissions of completed vehicles shall be determined in accordance with Directive 2004/3/EC. Where that value is not available, the specific emissions of a completed vehicle shall be set equal to the highest value of the specific emissions of all complete vehicles that are of the same type of vehicle as the incomplete vehicle on which the completed vehicle is based, and that have been registered in the EU in the same monitoring year, where 'type of vehicle' is defined in accordance with Article 3 of Directive 2007/46/EC. If there are more than three different values of specific emissions of all complete vehicles, the second-highest specific emissions shall be used.	deleted
Justification
In order to account for the specific conditions of "multi-stage vehicles", the European Commission has put forward recommended amendments to the original proposal. This amendment reflects those recommendations.

PROCEDURE

Title	Emission performance standards for new light commercial vehicles
References	COM(2009)0593 – C7-0271/2009 – 2009/0173(COD)
Committee responsible	ENVI
Opinion by        Date announced in plenary	TRAN 24.11.2009
Rapporteur        Date appointed	Oldřich Vlasák 9.11.2009
Discussed in committee	27.4.2010		21.6.2010
Date adopted	22.6.2010
Result of final vote	+: –: 0:	32 4 2
Members present for the final vote	Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Antonio Cancian, Luis de Grandes Pascual, Christine De Veyrac, Saïd El Khadraoui, Ismail Ertug, Carlo Fidanza, Jacqueline Foster, Mathieu Grosch, Jim Higgins, Ville Itälä, Georgios Koumoutsakos, Werner Kuhn, Jörg Leichtfried, Eva Lichtenberger, Gesine Meissner, Hella Ranner, Vilja Savisaar, Debora Serracchiani, Brian Simpson, Keith Taylor, Silvia-Adriana Ţicău, Thomas Ulmer, Dominique Vlasto, Artur Zasada
Substitute(s) present for the final vote	Zigmantas Balčytis, Philip Bradbourn, Frieda Brepoels, Spyros Danellis, Tanja Fajon, Jelko Kacin, Dominique Riquet, Alfreds Rubiks, Janusz Władysław Zemke
Substitute(s) under Rule 187(2) present for the final vote	Morten Løkkegaard, Traian Ungureanu

PROCEDURE

Title	Emission performance standards for new light commercial vehicles
References	COM(2009)0593 – C7-0271/2009 – 2009/0173(COD)
Date submitted to Parliament	28.10.2009
Committee responsible        Date announced in plenary	ENVI 24.11.2009
Committee(s) asked for opinion(s)        Date announced in plenary	ITRE 24.11.2009		TRAN 24.11.2009
Associated committee(s)        Date announced in plenary	ITRE 20.5.2010
Rapporteur(s)        Date appointed	Martin Callanan 9.12.2009
Discussed in committee	17.3.2010		3.5.2010
Date adopted	28.9.2010
Result of final vote	+: –: 0:	32 25 1
Members present for the final vote	János Áder, Kriton Arsenis, Pilar Ayuso, Paolo Bartolozzi, Sandrine Bélier, Sergio Berlato, Milan Cabrnoch, Martin Callanan, Nessa Childers, Chris Davies, Bairbre de Brún, Esther de Lange, Anne Delvaux, Bas Eickhout, Edite Estrela, Jill Evans, Elisabetta Gardini, Gerben-Jan Gerbrandy, Julie Girling, Nick Griffin, Françoise Grossetête, Jolanta Emilia Hibner, Dan Jørgensen, Karin Kadenbach, Christa Klaß, Holger Krahmer, Jo Leinen, Corinne Lepage, Peter Liese, Radvilė Morkūnaitė-Mikulėnienė, Vladko Todorov Panayotov, Gilles Pargneaux, Antonyia Parvanova, Andres Perello Rodriguez, Sirpa Pietikäinen, Mario Pirillo, Pavel Poc, Frédérique Ries, Oreste Rossi, Dagmar Roth-Behrendt, Daciana Octavia Sârbu, Carl Schlyter, Horst Schnellhardt, Richard Seeber, Catherine Soullie, Salvatore Tatarella, Anja Weisgerber, Sabine Wils, Marina Yannakoudakis
Substitute(s) present for the final vote	Christofer Fjellner, Matthias Groote, Rebecca Harms, Marisa Matias, Judith A. Merkies, Miroslav Mikolášik, Thomas Ulmer, Marita Ulvskog, Kathleen Van Brempt