them, which may affect our revenue. Governmental regulations may increase the costs we incur to design, develop and
produce our cars and may affect our product portfolio. Regulation may also result in a change in the character or performance
characteristics of our cars which may render them less appealing to our clients. We anticipate that the number and extent of
these regulations, and their effect on our cost structure and product line-up, will increase significantly in the future.
Current European legislation limits fleet average greenhouse gas emissions for new passenger cars. Due to our small
volume manufacturer (“SVM”) status we benefit from a derogation from the existing emissions requirement and we are
instead required to meet, by 2021, alternative targets for our fleet of EU-registered vehicles. Despite global shipments
exceeding 10,000 vehicles in 2019, Ferrari still qualifies as an SVM under EU regulations, since its total number of registered
vehicles in the EU per year is less than 10,000 vehicles. On July, 14, 2021, the European Commission published a proposal to
amend the EU 2019/631, which, among other things, would repeal from 2030 the derogation granted to SMVs. If the
proposed amendment is confirmed in the final rule, this may have a significant effect on our costs.
Switzerland has historically adopted the targets approved by the European Commission. On November 24, 2021, the
Swiss Federal Council amended the CO2 emission regulations for cars and vans and starting from January 1, 2022 the
vehicles of niche and small volume manufacturers will have to meet the same CO2 emission targets as those of large volume
manufacturers. This change in legislation is expected to result in additional costs for Ferrari, either through penalties or the
purchase of emissions credits from other manufacturers.
In the United States, the U.S. Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety
Administration (“NHTSA”) have set the federal standards for passenger cars and light trucks to meet certain combined
average greenhouse gas (“GHG”) and fuel economy (“CAFE”) levels and more stringent standards have been prescribed for
model years 2017 through 2025. Since Ferrari is considered to be an SVM under EPA GHG regulations (as it produces less
than 5,000 vehicles per model year for the US market), we expect to benefit from a derogation from currently applicable
standards. We also petitioned the EPA for alternative standards for the model years 2017-2021 and 2022-2025, which are
aligned to our technical and economic capabilities. On June 25, 2020, the EPA Administrator signed the final determination
for alternative GHG standards for SVMs for model years 2017 through 2021 and issued final alternative GHG standards for
us and other SVMs. In September 2016 we petitioned the NHTSA for recognition as an independent manufacturer of less
than 10,000 vehicles produced globally and we proposed alternative CAFE standards for model years 2017, 2018 and 2019.
Then, in December, 2017, we amended the petition by proposing alternative CAFE standards for model years 2016, 2017 and
2018 instead, covering also the 2016 model year. In 2019, our global production exceeded 10,000 vehicles, and therefore we
are no longer considered an SVM by the NHTSA for the model year 2019. We previously purchased the CAFE credits
needed to fulfill this deficit. On July 15, 2020, we submitted to the NHTSA a petition for an exemption from the CAFE
standards for the model year 2020. We proceeded with this submission because, although Ferrari originally intended to
produce more than 10,000 vehicles in 2020, actual production was lower than 10,000 vehicles as a result of the COVID-19
pandemic and the related shutdown of our production facilities. Therefore, since we met the NHTSA definition of SVM, we
have requested an alternative fleet average GHG standard for model year 2020. The NHTSA has confirmed that it will not
send a shortfall letter to Ferrari requiring payment of CAFE civil penalties or the application of CAFE credits with regard to
model year 2020 until the NHTSA has ruled on Ferrari’s petitions for an alternative standard. If our petitions are rejected, we
will not be able to benefit from the more favorable CAFE standard levels which we have petitioned for and this may require
us to purchase additional CAFE credits in order to comply with applicable CAFE standards. In 2021, our global production
exceeded 10,000 vehicles again, and therefore we are no longer considered SVM by the NHTSA for the model year 2021.
We already purchased the CAFE credits needed to fulfill our 2021 deficit. We expect to adopt the same approach in the
coming years.
In the United States, considerable uncertainty is associated with emissions regulations in light of changing policies
under the past and newly appointed administration. New regulations are in the process of being developed, and many existing
and potential regulatory initiatives are subject to review by federal or state agencies or the courts. On March, 31, 2020, the
NHTSA and the EPA issued the final Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule (the “SAFE Vehicles Rule”)
setting CAFE and carbon dioxide emissions standards for model years 2021-2026 passenger cars and light trucks. Under the
SAFE Vehicles Rule, the overall stringency of the federal standards is significantly reduced from the levels previously set:
the final rule will increase stringency of CAFE and CO2 emissions standards by 1.5 percent each year through model year
2026, as compared with the previous standards issued in 2012, which would have required annual increases of approximately
5 percent. In May 2021, the NHTSA issued a notice of proposed rulemaking proposing to fully repeal the regulatory text and
appendices promulgated in the SAFE Vehicles Rule. In August 2021, the EPA published a notice of proposed rulemaking
proposing to strengthen federal GHG emissions standards for passenger cars and light trucks by setting stringent requirements
for reductions from model years 2023-2026. Consistent with the EPA approach, in September 2021, NHTSA published a