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18.2.2012 Official
Journal
of
the
European
Union L
47/69
COMMISSION IMPLEMENTING DECISION
of 17 February 2012
on the detailed arrangements for the collection of premiums for excess CO 2 emissions from new
light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and
of the Council
(Text with EEA relevance)
(2012/99/EU)
THE EUROPEAN COMMISSION,
in accordance with Article 8(4) of Regulation (EU) No
510/2011, the manufacturer is to be notified by the
Commission of the provisional calculations of its
Having regard to the Treaty on the Functioning of the European
average specific emissions of CO 2 in the preceding
Union,
year, the specific emissions target and the difference
between its average specific emissions and the specific
emissions target for that year, and must in accordance
Having regard to Regulation (EU) No 510/2011 of the
with Article 8(5) of that Regulation be given the possi
European Parliament and of the Council of 11 May 2011
bility to verify those calculations and to notify the
setting emission performance standards for new light
Commission of any errors within three months from
commercial vehicles as part of the Union’s integrated
receipt of the provisional calculations.
approach to reduce CO 2 emissions from light-duty vehicles ( 1 ),
and in particular Article 9(3) thereof,
(5) In view of the exchange of views that takes place
Whereas:
between the Commission and the manufacturer prior
to the confirmation of the manufacturer’s performance
in accordance with Article 8(6) and Article 10 of Regu
(1) Where
the
Commission,
in
accordance
with
Article
8(6)
lation (EU) No 510/2011 and the possibility given to the
of Regulation (EU) No 510/2011, confirms, and in
manufacturer for raising objections against the calcu
accordance with Article 10(2) of that Regulation, makes
lation of its performance, it should be considered that
public, that a manufacturer has failed to comply with
the Commission by confirming the performance has
Article 4 of Regulation (EU) No 510/2011, it shall in
demonstrated that the debt exists and that the amount
accordance with Article 9(1) of that Regulation impose
receivable is certain within the meaning of Article 71 of
excess emissions premiums on that manufacturer, or in
Regulation (EC, Euratom) No 1605/2002.
the case of a pool, on the pool manager.
(6) The
excess
emissions
premium
is
to
be
calculated
in
(2) It
is
necessary
to
adopt
detailed
arrangements
for
the
collection of those excess emissions premiums.
accordance with the formulae laid down in Article 9(2)

of Regulation (EU) No 510/2011 and is to be made
public pursuant to Article 10 of that Regulation. The
(3) Pursuant
to
Article
9(4)
of
Regulation
(EU)
No
amount receivable should therefore be considered as a
510/2011, the amounts of excess emissions premiums
fixed amount that is due within the meaning of
are to be considered as revenue for the general budget of
Article 71 of Regulation (EC, Euratom) No 1605/2002.
the European Union and are to be entered and booked in
title 7 of the general budget. It is therefore appropriate to
apply as collection method the rules for recovery of
(7) The
measures
provided
for
in
this
Decision
are
in
receivable amounts set out in Council Regulation (EC,
accordance with the opinion of the Climate Change
Euratom) No 1605/2002 of 25 June 2002 on the
Committee,
Financial Regulation applicable to the general budget of
the European Communities ( 2 ) and Commission Regu
lation (EC, Euratom) No 2342/2002 of 23 December
2002 laying down detailed rules for the implementation
HAS ADOPTED THIS DECISION:
of Council Regulation (EC, Euratom) No 1605/2002 on
the Financial Regulation applicable to the general budget
of the European Communities ( 3 ).
Article 1
The Commission shall proceed with the recovery of the excess
(4)
For the purpose of establishing the amount receivable
emissions premium calculated in accordance with Article 9 of
within the meaning of Article 71 of Regulation (EC,
Regulation (EU) No 510/2011 by establishing a recovery order
Euratom) No 1605/2002, it should be considered that,
and by issuing a debit note addressed to the manufacturer
concerned in accordance with the provisions set out in
Articles 71 to 74 of Regulation (EC, Euratom) No 1605/2002
( 1 ) OJ L 145, 31.5.2011, p. 1.
( 2 ) OJ L 248, 16.9.2002, p. 1.
and Articles 78 to 89 of Regulation (EC, Euratom) No
( 3 ) OJ L 357, 31.12.2002, p. 1.
2342/2002.

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L 47/70
EN
Official Journal of the European Union
18.2.2012
Article 2
This Decision shall enter into force on the 20th day following its publication in the Official Journal of the
European Union.
Done at Brussels, 17 February 2012.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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