Address https://gelex.eu/eli/EU/decision/2012/100@2012-02-17/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO2 emissions from light-duty vehicles, and in particular Article 9(3) thereof,

Whereas:

(1) Where the Commission, in accordance with the second subparagraph of Article 8(5) of Regulation (EC) No 443/2009, confirms and, in accordance with Article 10(2) of that Regulation, makes public, that a manufacturer has failed to comply with Article 4 of Regulation (EC) No 443/2009, it shall in accordance with Article 9(1) of that Regulation impose excess emissions premiums on that manufacturer, or in the case of a pool, on the pool manager.

(2) It is necessary to establish the methods for collecting those excess emissions premiums.

(3) Pursuant to Article 9(4) of Regulation (EC) No 443/2009, the amounts of excess emissions premiums are to be considered as revenue for the general budget of 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 receivable amounts set out in Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities.

(4) For the purpose of establishing the amount receivable within the meaning of Article 71 of Regulation (EC, Euratom) No 1605/2002, it should be considered that, in accordance with Article 8(4) of Regulation (EC) No 443/2009, the manufacturer is to be notified by the Commission of the provisional calculations of its average specific emissions of CO2 in the preceding 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 with Article 8(5) of that Regulation, be given the possibility to verify those calculations and to notify the Commission of any errors within 3 months from receipt of the provisional calculations.

(5) In view of the exchange of views that takes place between the Commission and the manufacturer prior to the confirmation of the manufacturer’s performance in accordance with the second subparagraph of Article 8(5) and Article 10 of Regulation (EC) No 443/2009, and the possibility given to the manufacturer for raising objections against the calculation of its performance, it should be considered that the Commission by confirming the performance has demonstrated that the debt exists and that the amount receivable is certain within the meaning of Article 71 of Regulation (EC, Euratom) No 1605/2002.

(6) The excess emissions premium is to be calculated in accordance with the formulae laid down in Article 9(2) of Regulation (EC) No 443/2009 and is to be made public pursuant to Article 10 of that Regulation. The amount receivable should therefore be considered as a fixed amount that is due within the meaning of Article 71 of Regulation (EC Euratom) No 1605/2002.

(7) The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee,

HAS ADOPTED THIS DECISION:

Article 1

The Commission shall proceed with the recovery of the excess emissions premium calculated in accordance with Article 9 of Regulation (EC) No 443/2009 by establishing a recovery order 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 and Articles 78 to 89 of Regulation (EC, Euratom) No 2342/2002.

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

Versions

1. 2012-02-17

Cited by

• Definitive adoption (EU, Euratom) 2016/150 of the European Union’s general budget for the financial year 2016 Act · Grade B

  The budget presents appropriations and resources by purpose (activity-based budgeting), with a view to enhancing transparency in the management of the budget with reference to the objectives of sound financial management and in particular efficiency and effectiveness. The expenditure authorised by the present budget totals EUR 155004173148 in commitment appropriations and EUR 143885295484 in payment appropriations, representing a variation rate of – 4,48 % and of + 1,84 % respectively by comparison with the 2015 budget. Budgetary revenue totals EUR 143885295484. The uniform rate of call for th

• Definitive adoption (EU, Euratom) 2016/150 of the European Union’s general budget for the financial year 2016 Act · Grade B

  Amount of assigned revenue in accordance with Article 21 of the Financial Regulation: p.m. PROVISIONAL APPROPRIATIONS CONTINGENCY RESERVE Article Item Heading Appropriations 2016 Appropriations 2015 Outturn 2014 % 2014/2016 CHAPTER 10 0 p.m. p.m. 0,— CHAPTER 10 0 — TOTAL p.m. p.m. 0,— CHAPTER 10 1 2000000 1000000 0,— CHAPTER 10 1 — TOTAL 2000000 1000000 0,— Title 10 — Total 2000000 1000000 0,— GRAND TOTAL 545054000 541791500 484574968,— 88,90 PROVISIONAL APPROPRIATIONS Appropriations 2016 Appropriations 2015 Outturn 2014 p.m. p.m. 0,— The appropriations entered in this chapter are provisional

• Council Decision (EU) 2017/710 of 3 April 2017 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex XX (Environment) to the EEA Agreement (CO2 Emissions) Decision · Grade B

  The following subparagraphs shall be added in Article 9(3): The European Commission shall use its established means for collecting excess emissions premiums as stipulated in Commission Decision 2012/100/EU under paragraph 1 also in relation to the registrations in EFTA States of manufacturers established in the EU. The EFTA Surveillance Authority shall determine the means for collecting excess emissions premiums under paragraph 1. These means shall be based on the Commission's means.

• Definitive adoption (EU, Euratom) 2015/339 of the European Union’s general budget for the financial year 2015 Act · Grade B

  The budget presents appropriations and resources by purpose (activity-based budgeting), with a view to enhancing transparency in the management of the budget with reference to the objectives of sound financial management and in particular efficiency and effectiveness. The expenditure authorised by the present budget totals EUR 145321531152 in commitment appropriations and EUR 141214040563 in payment appropriations, representing a variation rate of + 1,84 % and of + 1,57 % respectively by comparison with the 2014 budget. Budgetary revenue totals EUR 141214040563. The uniform rate of call for th

• Definitive adoption (EU, Euratom) 2015/339 of the European Union’s general budget for the financial year 2015 Act · Grade B

  Amount of assigned revenue in accordance with Article 21 of the Financial Regulation: p.m. PROVISIONAL APPROPRIATIONS CONTINGENCY RESERVE Article Item Heading Appropriations 2015 Appropriations 2014 Outturn 2013 % 2013/2015 CHAPTER 10 0 p.m. 700000 0,— CHAPTER 10 0 — TOTAL p.m. 700000 0,— CHAPTER 10 1 1000000 2000000 0,— 0 CHAPTER 10 1 — TOTAL 1000000 2000000 0,— 0 Title 10 — Total 1000000 2700000 0,— 0 GRAND TOTAL 541791500 534202300 464135055,— 85,67 PROVISIONAL APPROPRIATIONS Appropriations 2015 Appropriations 2014 Outturn 2013 p.m. 700000 0,— The appropriations entered in this chapter are