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9.2.2013 Official
Journal
of
the
European
Union L
38/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION DELEGATED REGULATION (EU) No 114/2013
of 6 November 2012
supplementing Regulation (EU) No 510/2011 of the European Parliament and of the Council with
regard to rules for the application for a derogation from the specific CO 2 emissions targets for new
light commercial vehicles
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Where those data do not exist the target should be
compared to the data regarding average specific CO 2
emissions in the following calendar year closest to 2010.
Having regard to the Treaty on the Functioning of the European
Union,
Having regard to Regulation (EU) No 510/2011 of the
(4) In
order
to
facilitate
the
application,
a
list
of
manufac
European Parliament and of the Council of 11 May 2011
turers and their average specific CO 2 emissions in the
setting emission performance standards for new light
Union in 2010 should be provided. The list has been
commercial vehicles as part of the Union’s integrated
drawn up following a formal consultation with the
approach to reduce CO
Member States and the main stakeholders in the group

2 emissions from light-duty vehicles ( 1 ),
and in particular Article 11(7) thereof,
of experts for policy development and implementation of
CO 2 from road vehicles on 9 July 2012.
Whereas:
(5) In
order
to
take
into
account
the
limited
amount
of
(1) According
to
Article
11
of
Regulation
(EU)
No
510/2011
products offered by some applicants and resulting
small-volume manufacturers (hereinafter ‘applicants’) may
limited scope for distribution of the effort to reduce
apply for alternative emissions reduction targets that
average specific CO
must be consistent with their reduction potential,
2 emissions over the fleet, the
applicants should be allowed to choose between a
including the economic and technological potential to
single yearly specific emission target for the period of
reduce their specific emissions of CO 2 , and take into
derogation or different yearly targets, resulting in a
account the characteristics of the market for the types
reduction from the 2010 baseline at the end of the
of new light commercial vehicles concerned.
derogation period.
(2) In
determining
the
applicant’s
reduction
potential,
the
applicant’s economic and technological potential should
be assessed. For that purpose the applicant should
(6) In
accordance
with
the
exception
from
the
right
to
public
provide detailed information on its economic activities
access to documents set out in Article 4(2) of Regulation
as well as information on CO 2 reducing technologies
(EC) No 1049/2001 of the European Parliament and of
used in light commercial vehicles. The information
the Council of 30 May 2001 regarding public access to
requested includes data that is readily available to the
European Parliament, Council and Commission docu
applicant and should not entail an additional adminis
ments ( 2 ) certain information contained in the application
trative burden.
for derogation should be exempted from public access
where disclosure of this information would undermine
the protection of commercial interest, in particular
(3)
In order to provide the applicants with a clear baseline to
information on the applicant’s product planning,
be used for setting the specific emissions targets, it is
expected costs and impacts on the profitability of the
appropriate to use the most recent available data
company. The decisions granting derogations will be
regarding average specific CO 2 emissions in 2010.
published by the Commission on the internet,
( 1 ) OJ L 145, 31.5.2011, p. 1.
( 2 ) OJ L 145, 31.5.2001, p. 43.

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L 38/2
EN
Official Journal of the European Union
9.2.2013
HAS ADOPTED THIS REGULATION:
preceding the date of application for which the applicant is
responsible, or where such data is not available, one of the
Article 1
following:
Subject matter
This Regulation specifies the information to be provided by
(i) an estimate, based on verifiable data, of the number of
applicants for the purpose of demonstrating that the conditions
new light commercial vehicles registered in the period
for a derogation pursuant to Article 11(1) of Regulation (EU)
referred to in the introductory phrase for which the
No 510/2011 are satisfied.
applicant is responsible;
Article 2
(ii) if no light commercial vehicles were registered in the
Definitions
period referred to in the introductory phrase, the
For the purposes of this Regulation, the following definitions
number of new light commercial vehicles registered in
shall apply in addition to the definitions set out in Articles 2
the last calendar year for which such data is available.
and 3 of Regulation (EU) No 510/2011:
(1) ‘applicant’ means a manufacturer within the meaning of
Article 5
Article 11(1) of Regulation (EU) No 510/2011;
Specific emissions target and reduction potential pursuant
to Article 11(2) of Regulation (EU) No 510/2011
(2) ‘vehicle characteristics’ means the features of the vehicle,
including mass, its specific CO
1. The
applicant
shall
provide
the
average
specific
CO

2
2 emissions, the number of
seats, engine performance, power to mass ratio and top
emissions of its new light commercial vehicles registered in
speed;
2010, unless the average specific CO 2 emissions for that year
are listed in Annex III. Where this information is not available,
the applicant shall provide the average specific CO
(3) ‘characteristics of the market’ means information on vehicle
2 emissions
of its new light commercial vehicles registered in the following
characteristics, and names and price ranges of light
calendar year closest to 2010.
commercial vehicles directly competing with the vehicles
for which a derogation is sought;
2. The
applicant
shall
provide
the
following
information
on
(4) ‘own production facility’ means a manufacturing or
its activities:
assembly plant used solely by the applicant for the
purpose of manufacturing or assembling new light
commercial vehicles exclusively for that applicant, including,
where relevant, light commercial vehicles which are
(a) for the calendar year preceding the date of application, the
intended for export;
number of employees and the size of the production facility
in square meters;
(5) ‘own design centre’ means a facility in which the whole
vehicle is designed and developed, and which is under the
(b) the operational model of the production facility specifying
control of and for the exclusive use of the applicant.
which design and production activities are performed by the
applicant and which are outsourced;
Article 3
Application for a derogation pursuant to Article 11(1) of
Regulation (EU) No 510/2011
(c) in the case of a connected undertaking, if the technology is
shared by the manufacturers, and which activities are
An application for a derogation pursuant to Article 11(1) of
outsourced;
Regulation (EU) No 510/2011 shall be submitted by the
applicant in accordance with the format specified in Annex I
to this Regulation, and shall include the information set out in
Article 4 and Article 5 of this Regulation.
(d) for five calendar years preceding the date of application, the
sales volumes, yearly turnover, net profit, and research and
development spending on CO
Article 4
2 -reducing technologies, and
in the case of a connected undertaking, the net transfers to
Information on eligibility criteria
the parent company;
The applicant shall provide the following information on the
eligibility criteria:
(e) the characteristics of its market;
(a) information on the ownership structure of the manufacturer
or group of connected manufacturers, together with the
(f) the price list for all versions of light commercial vehicles to
relevant declaration set out in Annex II;
be covered by the derogation in the calendar year preceding
the date of application, and the expected price list for the
(b) the number of new light commercial vehicles officially
light commercial vehicles planned to be launched and to be
registered in the Union in the three calendar years
covered by the derogation.

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EN
9.2.2013 Official
Journal
of
the
European
Union L
38/3
The information referred to in point (d) of the first
(c) in the case of yearly specific emissions targets, yearly
subparagraph shall be accompanied by the official certified
improvement of specific CO 2 emissions of the vehicle
accounts, or shall be certified by an independent auditor.
versions for which CO 2 reducing technologies are
introduced.
3. The
applicant
shall
provide
the
following
information
on
its technological potential to reduce its specific emissions of
CO
6. The
applicant’s
compliance
with
a
specific
emissions
target

2 :
or yearly specific emissions targets shall be assessed in
accordance with Article 9 of Regulation (EU) No 510/2011
each year during the derogation period.
(a) the list of CO 2 reducing technologies used in its light
commercial vehicles deployed on the market in 2010 or,
where those data are not available, for the following year
closest to 2010, or in case of manufacturers planning to
Article 6
enter the market, for the year in which the derogation starts
to apply;
Assessment by the Commission
1. Where
the
Commission
has
raised
no
objections
within
nine months of the official receipt of a complete application
(b) the list of CO
pursuant to Article 11(1) of Regulation (EU) No 510/2011 the
2 reducing technologies used in its light
commercial vehicles under the programme for the
relevant conditions for applying the derogation shall be deemed
reduction of specific emissions of CO
to be satisfied.
2 and the additional
costs of these technologies for each vehicle version covered
by the application.
If the Commission finds that the application is incomplete,
4. The
applicant
shall,
in
accordance
with
its
reduction additional information may be requested. Where the additional
potential, propose one of the following targets:
information is not submitted within the time period specified in
the request, the Commission may reject the application.
(a) a specific emissions target that ensures that the average
specific emissions of CO 2 at the expiry of the derogation
In the case of a rejection due to the incompleteness of the
period are reduced in comparison to the average specific
application or due to the Commission finding the proposed
emissions of CO 2 referred to in paragraph 1;
specific emissions target inconsistent with the applicant’s
reduction potential, the applicant may submit a completed or
revised application for a derogation.
(b) a yearly specific emissions target for each year of the dero
gation period that is determined so that the average specific
CO 2 emissions during the whole derogation period are
reduced in comparison to the average specific emissions
2. Applications
shall
be
submitted
in
printed
and
electronic
of CO
form. The printed version shall be sent to the Secretariat-
2 referred to in paragraph 1.
General of the European Commission, 1049 Brussels,
Belgium, marked ‘Derogation under Regulation (EU) No
510/2011’. The electronic version shall be sent to the functional
5. The
specific
emissions
target
or
yearly
specific
emissions mailbox specified in Annex I.
targets proposed by the applicant shall be accompanied by a
programme for the reduction of specific emissions of CO 2 for
the new fleet.
3. Where information contained in the application is found
to be incorrect or inaccurate, the decision to grant a derogation
The programme for the reduction of specific emissions of CO
shall be revoked.
2
shall specify the following:
Article 7
(a) the timetable for introduction of CO 2 reducing technologies
in the applicant’s fleet;
Public access to information
1. An
applicant
that
considers
that
information
submitted
in
the application should not be disclosed in accordance with
(b) the estimated new light commercial vehicles registered in
Article 11(8) of Regulation (EU) No 510/2011 shall indicate
the Union per year for the period of the derogation and
this in the application and justify why disclosure would
the expected average specific emissions of CO 2 and average
undermine the protection of the commercial interests of the
mass;
applicant, including intellectual property.

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L 38/4
EN
Official Journal of the European Union
9.2.2013
2. The
exception
from
the
right
to
public
access
to (b) expected impacts of CO 2 reducing technologies on the
documents set out in Article 4(2) of Regulation (EC) No
production costs, purchase prices of vehicles and profit
1049/2001 shall be deemed to apply to the following types
ability of the company.
of information:
Article 8
(a) details of the programme for the reduction of specific
emissions of CO 2 referred to in Article 5, and in particular
This Regulation shall enter into force on the 20th following
details concerning the development of the applicant’s
that of its publication in the Official Journal of the European
product portfolio;
Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 November 2012.
For the Commission
The President
José Manuel BARROSO

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EN
9.2.2013 Official
Journal
of
the
European
Union L
38/5
ANNEX I
Standard format of the application for a derogation to be submitted by manufacturers of light commercial
vehicles meeting the criteria of Article 11(1) of Regulation (EU) No 510/2011
The electronic version of the application shall be sent to the following e-mail address:
EC-CO2-LDV-IMPLEMENTATION@ec.europa.eu
1. Name,
address
and
contact
person
for
the
manufacturer
or
group
of
connected
manufacturers
Name of manufacturer Postal
address Contact
person
name Contact
person
e-mail
Contact person
telephone number
2. Name,
address
and
contact
person
for
the
manufacturer’s
EU
Representative
(Only
in
case
if
a
manu
facturer is established outside the EU)
Name of the manufacturer’s EU
representative
Postal address Contact
person
name Contact
person
e-mail
Contact person
telephone number
3. Eligibility
criteria
3.1. Is
the
applicant
part
of
a
group
of
connected
manufacturers?
YES (declaration set out in Annex II to be attached)
NO
3.2. Is the applicant part of a group of connected manufacturers but operates its own production facilities and design centre?
YES (declaration set out in Annex II to be attached; see point 3.3)
NO (see points 3.4 and 3.5)
3.3. Number of new light commercial vehicles registered in the Union if the application refers to an unconnected manufacturer or
connected manufacturer that operates its own production facilities and own design centre
3.3.1. Official figure in three calendar years preceding the date of application
Year
Number of new EU registrations
3.3.2. Where the official figure referred to in point 3.3.1 is not available for the period referred to therein, an estimate
based on verifiable data
Year
Number of new EU registrations

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L 38/6
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Official Journal of the European Union
9.2.2013
3.3.3. Where the figures in point 3.3.1 and 3.3.2 are not available for that period, the figures for the last calendar year
for which such data is available
Year
Number of new EU registrations
3.4. If the application refers to a group of connected manufacturers please provide the following
Names of manufacturers Postal
Address Contact
person
name Contact
person
e-mail
Contact person
telephone number
3.5. Number of new light commercial vehicles registered in the Union of a group of connected manufacturers if the application
refers to a group of connected manufacturers and the applicant does not operate its own production facilities and own design
centre
3.5.1. Official figure in three calendar years preceding the date of application
Year
Number of new EU registrations
3.5.2. Where the official figure referred to in point 3.5.1 is not available for the period referred to therein, an estimate
based on verifiable data
Year
Number of new EU registrations
3.5.3. Where the figures in point 3.5.1 and 3.5.2 are not available for that period, the figure for the last calendar year for
which such data is available
Year
Number of new EU registrations
4. Requested
duration
of
the
derogation
Number of calendar years (maximum 5)
5.
Proposal for a specific emissions target calculated as fleet average for the period of derogation or separate
specific emissions targets in case of yearly reductions (in g CO 2 /km)
Year
Average specific emission target (g CO 2 /km)

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EN
9.2.2013 Official
Journal
of
the
European
Union L
38/7
6. Company
specific
information
6.1. Average
specific
emissions
of
CO 2 in 2010 if not included in Annex III (or if not available in the following calendar year
closest to 2010)
6.2. Number of employees in the calendar year preceding the date of application
6.3. Size of the production facility in square meters in the calendar year preceding the application
6.4. Sales
volumes
for
5
years
preceding
the
date
of
application
Year
Sales volumes
6.5. Yearly
turnover
for
5
years
preceding
the
date
of
application
Year
Turnover
6.6. Characteristics
of
the
market
Information on planned products, not available on the market at the time of the application, should be provided in
the confidential section of this application:
(a) the vehicle characteristics;
(b) the names and price ranges of directly competing vehicles in the year preceding the date of application;
(c) the price list of vehicles that are to be covered by the derogation in the calendar year preceding the date of
application or in the closest year to the date of application.
6.7. Brief description of the operational model of the production facility
CONFIDENTIAL SECTION OF THE APPLICATION
6.8. Net
profit
for
5
years
preceding
the
date
of
application
Year
Net profit
6.9. Research
and
development
spending
on
CO 2 -reducing technologies over 5 years preceding the date of application
Year
R&D spending
6.10. Net financial transfers to the parent company in case of connected undertakings during 5 years preceding the date of
application
Year
Net transfers

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L 38/8
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Official Journal of the European Union
9.2.2013
7.
Details of the light commercial vehicles to be launched on the Union market for which the applicant will
be responsible
7.1. Characteristics
of
the
market
7.1.1. Vehicle characteristics,
7.1.2. Names and price ranges of directly competing vehicles in the year preceding the date of application,
7.1.3. Expected price list of vehicles to be covered by the derogation.
8. Applicant’s
technological
potential
to
reduce
its
specific
emissions
of
CO 2
8.1. List
of
CO 2 reducing technologies deployed in the applicant’s fleet in 2010
8.2. Where the list referred to in point 8.1 is not available, the list for the following year closest to 2010
8.3. In case of applicant’s planning to enter the Union market, the list referred to in point 8.1 should be provided for the first year
of the derogation
9. Applicant’s
programme
for
the
reduction
of
specific
emissions
of
CO 2
9.1. Timetable
for
deployment
of
CO 2 reducing technologies in the fleet
9.2. Expected
fleet
average
during
the
period
of
derogation
9.2.1. Union registrations of new light commercial vehicles per year during the period of derogation,
9.2.2. Expected average mass of vehicles to be launched on the Union market, their power of the engines and
information on power train configuration,
9.2.3. Expected average specific CO 2 emissions of vehicles to be launched on the Union market.
9.3. CO 2 reducing technologies to be deployed in the applicant’s fleet under the programme for the reduction of specific emissions of
CO 2
9.4. The additional costs per vehicle version of the technologies to be deployed as part of the programme for the reduction of specific
emissions of CO 2
9.5. In the case of yearly targets, yearly improvement of specific CO 2 emissions of the vehicle versions for which CO 2 reducing
technologies are introduced

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EN
9.2.2013 Official
Journal
of
the
European
Union L
38/9
ANNEX II
Standard format of the declaration stating the structure of ownership
Article 11(1)(a) of Regulation (EU) No 510/2011
I hereby declare that I am legally empowered to represent [name] (the manufacturer) applying for a derogation as foreseen
in Article 11(1) of Regulation (EU) No 510/2011 which is not part of a group of connected manufacturers as defined in
Article 3(2) thereof. To the best of my knowledge the [name] (the manufacturer) is eligible to apply for a derogation as
foreseen in Article 11(1) of Regulation (EU) No 510/2011 and the information contained in the application is true and
accurate. Information on the ownership structure of [name] (the manufacturer) is annexed.
Signature Date
Director of [manufacturer]
Article 11(1)(b) of Regulation (EU) No 510/2011
I hereby declare that I am legally empowered to represent [name] (the manufacturer) applying for a derogation as foreseen
in Article 11(1) of Regulation (EU) No 510/2011 which is part of a group of connected manufacturers as defined in
Article 3(2) thereof. To the best of my knowledge the [name] (the manufacturer) is eligible to apply for a derogation as
foreseen in Article 11(1) of Regulation (EU) No 510/2011 and the information contained in the application is true and
accurate. Information on the ownership structure of [name] (the manufacturer) is annexed.
Signature Date
Director of [manufacturer]
Article 11(1)(c) of Regulation (EU) No 510/2011
I hereby declare that I am legally empowered to represent [name] (the manufacturer) applying for a derogation as foreseen
in Article 11 of Regulation (EU) No 510/2011 which is part of a group of connected manufacturers as defined in
Article 3(2) thereof but operates its own production facilities and design centre as defined in Article 2 of Commission
Delegated Regulation (EU) No 114/2013. To the best of my knowledge the [name] (the manufacturer) is eligible to apply
for a derogation as foreseen in Article 11(1) of Regulation (EU) No 510/2011 and the information contained in the
application is true and accurate. Information on the ownership structure of [name] (the manufacturer) is annexed.
Signature Date
Director of [manufacturer]

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L 38/10
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Official Journal of the European Union
9.2.2013
ANNEX III
List of Union average specific CO 2 emissions in 2010 per manufacturer
Make Average
emissions,
(g/km)
Citron
158,96
Dacia
154,13
Fiat
159,99
Ford
202,00
Giotti victoria 167,59
Great wall 190,13
Hyundai 219,73
Isuzu
223,86
Iveco
229,05
Jeep
240,17
Kia
193,29
Land rover 276,93
LDV
234,60
Mazda
247,08
Mercedes 226,29
Mitsubishi 221,87
Mitsubishi fuso 286,83
Nissan
214,11
Opel
183,30
Peugeot 156,84
Piaggio
135,85
Renault 165,47
Renault trucks 250,11
Skoda
136,13
Ssangyong 222,72
Tata
223,00
Toyota
215,41
Vauxhall 162,09
Volkswagen 193,43
Volvo
186,40

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