Proposal for a regulation
Article 1 – point 4 a (new)
Regulation (EC) No 443/2009
Article 7 a (new)
(4a) The following Article is inserted: "Article 7a In service conformity 1. The provisions on in-service conformity shall apply mutatis mutandis to fuel consumption and CO2 emissions of new passenger cars during their normal useful life under normal conditions of use, as laid down in Article 9 and Annex II of Regulation (EC) No 692/2008. Such provisions shall require an independent coast-down test of the new car for which in-service conformity is being verified to provide the resistance values for setting the dynamometer. 2. The results of in-service testing shall be accompanied by a verification report undertaken by an independent and certified body. The verification report shall evaluate whether in-service testing was representative of normal conditions of use and adjustments warranted. 3. Member States shall make available to the public, in electronic form, the results of in-service testing and the accompanying verification report in accordance with Directive 2003/4/EC, and shall transmit those results and the verification report to the Commission within three months. 4. If the measured value of CO2 emissions for a new passenger car during in-service testing exceeds its specific emissions of CO2 reported under Article 8(2) by more than 4 % , the Commission shall recalculate the average specific emissions of CO2 for the manufacturer in preceding years to determine compliance with the specific emissions target, in accordance with Article 8. Based on the recalculations, any exceeding of the specific emissions target shall be subject to an excess emissions premium in accordance with Article 9. 5. The Commission shall keep a central register of the results of in-service testing reported by national authorities and shall, on an annual basis, publish a synthesis report. The central register and synthesis reports shall be made available to the public in electronic form. 6. The Commission shall adopt by means of implementing acts detailed rules on in- service conformity referred to in paragraph 1, necessary to ensure in- service testing reproduces normal conditions of use to the maximum extent possible while promoting uniform implementation and based on experiences during implementation of paragraph 1 by manufacturers and evaluations in verification reports referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2). Those rules shall be adopted by [DDMMYYYY]."