title: Commission Implementing Regulation (EU) 2018/941 of 2 July 2018 amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and Commission Implementing Regulation (EU) No 885/2014 (Text with EEA relevance.)

text:
               3.7.2018

               EN

               Official Journal of the European Union

               L 166/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/941
   of 2 July 2018
   amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and Commission Implementing Regulation (EU) No 885/2014
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 15(5) thereof,
   Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (2), and in particular Article 53(1)(b)(ii) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 669/2009 (3) lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto (‘the list’), at designated points of entry (‘DPE’) into the territories referred to in Annex I to Regulation (EC) No 882/2004.

               (2)

               Pursuant to Regulation (EC) No 669/2009, in the case of consignments entering the Union by sea, which are unloaded for the purposes of being loaded on another vessel for onwards transportation to a port in another Member State (transhipped consignments), the designated point of entry is the latter port. For the purposes of an efficient organisation of official controls at Union borders, while ensuring a high level of human, animal and plant health protection, the same rule should apply to consignments entering the Union by air transport from a third country, which are transhipped for onward travel to another airport into the Union. In those cases, the designated point of entry should be the latter airport. For the same reasons, this rule should also apply where the consignments are transhipped for onward travel in the same Member State. The terminology used in relation to transhipped consignments should be changed from ‘onwards transportation’ to ‘onward travel’, to reflect the distinct situation of transhipped consignments compared to that of consignments authorised for onwards transportation pending the results of the physical checks. It is therefore appropriate to amend Regulation (EC) No 669/2009 accordingly.

               (3)

               Regulation (EC) No 882/2004 requires competent authorities to notify the Commission and the other Member States of border rejections. As regards pesticides, it is appropriate to clarify that where the competent authorities reject a consignment of feed and food listed in Annex I to Regulation (EC) No 669/2009, such notification should be made where a maximum residue level set out in Regulation (EC) No 396/2005 of the European Parliament and the Council (4) has not been complied with, irrespective of whether the acute reference dose has been exceeded.

               (4)

               Article 2 of Regulation (EC) No 669/2009 provides that the list in Annex I to that Regulation is to be reviewed on a regular basis, and at least biannually, taking into account the sources of information referred to in that Article.

               (5)

               The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed, the findings of audits to third countries carried out by the Directorate for Health and Food Audits and Analysis of the Commission Directorate-General for Health and Food Safety, as well as the biannual reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009, indicate that the list should be amended.

               (6)

               In particular, for consignments of goji berries from China and of turnips prepared or preserved by vinegar or acetic acid (‘pickled turnips’) from Lebanon and from Syria, the aforementioned sources of information indicate the emergence of new risks to human health requiring the introduction of an increased level of official controls. Entries concerning those consignments should therefore be included in the list.

               (7)

               In particular, the list should be amended by deleting the entries for commodities for which the available information indicates an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official controls is therefore no longer justified. The entries in the list concerning Brassica oleracea from China, strawberries from Egypt, dried grapes from Iran, peas with pods from Kenya, yardlong beans from Thailand and aubergines and Ethiopian eggplant from Uganda should therefore be deleted.

               (8)

               Moreover, the list should be amended by decreasing the frequency of identity and physical checks on commodities for which the relevant sources of information indicate an overall improvement of compliance with the relevant requirements provided for in Union legislation and for which the current frequency of such checks is therefore no longer appropriate. The entries in the list concerning pineapples from Benin and lemons and pomegranates from Turkey should therefore be amended accordingly.

               (9)

               The scope of certain entries in the list should be amended to include forms of the commodity other than the ones currently listed, where those other forms present the same risk. It is therefore appropriate to amend the existing entries concerning okra from Vietnam, to include frozen okra.

               (10)

               To protect human health in the Union, Commission Implementing Regulation (EU) No 885/2014 (5) provides that consignments of okra (food, fresh and frozen) from India may only be imported into the Union if they are accompanied by a health certificate stating that the commodities have been sampled and analysed for the presence of pesticide residues and by the results of the sampling and analysis performed by the competent authorities of the third country to ascertain compliance with Union legislation on maximum residue levels of pesticides. Implementing Regulation (EU) No 885/2014 establishes also an increased frequency of official controls on the import of okra from India at Union borders. The results from these controls show a decrease of the frequency of non-compliance with the maximum residue levels of pesticide residues established in Regulation (EC) No 396/2005 for this commodity, providing evidence that the risk related to its import has significantly decreased. It is therefore appropriate to no longer subject okra from India to the special import conditions set out in Implementing Regulation (EU) No 885/2014. An increased level of official controls at Union borders should be maintained further to the discontinuation of pre-export sampling, testing and certification required by Implementing Regulation (EU) No 885/2014 for this commodity. Implementing Regulation (EU) No 885/2014 and Annex I to Regulation (EC) No 669/2009 should be amended accordingly.

               (11)

               The existing entries concerning tea from China in the list in Annex I to Regulation (EC) No 669/2009 require the competent authorities to test this product for Triflurarin. However, Member States have not reported detections of this pesticide in this product and there are no relevant notifications under the Rapid Alert System for Food and Feed set out in accordance with Regulation (EC) No 178/2002. At the same time, frequent detections of Tolfenpyrad in tea from China have been reported. Similarly to Trifluralin, this pesticide is not listed in the control programme referred to in Article 29(2) of Regulation (EC) No 396/2005 and therefore the testing for this pesticide is not required in the framework of Regulation (EC) No 669/2009. It is therefore appropriate to amend the existing entries concerning tea from China in Annex I to Regulation (EC) No 669/2009 to delete the reference to Triflurarin and to require competent authorities to test this product for Tolfenpyrad.

               (12)

               The specific characteristics of the aseptic packaging in barrels of ‘Apricots, otherwise prepared or preserved’ (apricot pulp) (CN Code 2008 50 61) listed in Annex I to Regulation (EC) No 669/2009 are such that the performance of sampling operations at the DPE could result in a serious risk to food safety or in the product being damaged to an unacceptable extent. It is therefore appropriate to amend the existing entries ‘Apricots, otherwise prepared or preserved’ (apricot pulp) in Annex I to Regulation (EC) No 669/2009 to provide that identity and physical checks on consignments of such products may be carried out by the competent authorities of the place of destination as indicated in the common entry document (CED), if appropriate at the premises of the food business operator, where the conditions referred to in Article 9(2) of that Regulation are met.

               (13)

               In order to ensure consistency and clarity, it is appropriate to replace Annex I to Regulation (EC) No 669/2009 by the text set out in Annex I to this Regulation.

               (14)

               Regulation (EC) No 669/2009 and Implementing Regulation (EU) No 885/2014 should therefore be amended accordingly.

               (15)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendments to Commission Regulation (EC) No 669/2009
   Regulation (EC) No 669/2009 is amended as follows:

               (1)

               in Article 3, the last sentence of point (b) is replaced by the following:
               ‘in the case of consignments entering the Union by sea or by air transport from a third country, which are unloaded for the purposes of being loaded on respectively another vessel or aircraft in the same port or airport for onward travel to another port or airport in one of the territories referred to in Annex I to Regulation (EC) No 882/2004, the designated point of entry shall be the latter port or airport;’;

               (2)

               Article 13 is replaced by the following:
               ‘Article 13
               Non-compliance
               1.   If the official controls establish non-compliance, the responsible official of the competent authority shall complete Part III of the common entry document and action shall be taken pursuant to Articles 19, 20 and 21 of Regulation (EC) No 882/2004.
               2.   Where the competent authority at the designated point of entry does not permit the introduction of a consignment of feed and food listed in Annex I due to non-compliance with a maximum residue level set out in Regulation (EC) No 396/2005, it shall immediately notify such border rejection in accordance with Article 19(3) of Regulation (EC) No 882/2004.’;

               (3)

               Annex I is replaced by the text in the Annex I to this Regulation.

         Article 2
   Amendments to Implementing Regulation (EU) No 885/2014
   Implementing Regulation (EU) No 885/2014 is amended as follows:

               (1)

               in Article 1, paragraph 1 is replaced by the following:
               ‘1.   This Regulation shall apply to consignments of the food of non-animal origin which is listed in Annex I.’;

               (2)

               Annex I is amended as set out in Annex II to this Regulation.

         Article 3
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 2 July 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 165, 30.4.2004, p. 1.

      (2)  OJ L 31, 1.2.2002, p. 1.

      (3)  Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC (OJ L 194, 25.7.2009, p. 11).

      (4)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).

      (5)  Commission Implementing Regulation (EU) No 885/2014 of 13 August 2014 laying down specific conditions applicable to the import of okra and curry leaves from India and repealing Implementing Regulation (EU) No 91/2013 (OJ L 242, 14.8.2014, p. 20).

      ANNEX I
      ‘
            ANNEX I

               Feed and food of non-animal origin subject to an increased level of official controls at the designated point of entry

                        Feed and food
                        (intended use)

                        CN code (1)

                        TARIC sub-division

                        Country of origin

                        Hazard

                        Frequency of physical and identity checks (%)

                        Pineapples

                              (Food — fresh or chilled)

                        0804 30 00

                           Benin (BJ)

                        Pesticide residues (2)
                            (3)

                        10

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                           Bolivia (BO)

                        Aflatoxins

                        50

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91 ;
                                    2008 11 96 ;
                                    2008 11 98

                              (Feed and food)

                        Goji berries (wolfberries) (Lycium barbarum L.)

                              (Food — fresh, chilled or dried)

                        ex 0813 40 95 ;

                           10

                           China (CN)

                        Pesticide residues (2)
                            (4)

                        10

                        ex 0810 90 75

                           10

                        Tea, whether or not flavoured

                              (Food)

                        0902

                           China (CN)

                        Pesticide residues (2)
                            (5)

                        10

                                    —

                                    Sweet peppers (Capsicum annuum)

                                    —

                                    0709 60 10 ;
                                    0710 80 51

                           Dominican Republic (DO)

                        Pesticide residues (2)
                            (6)

                        20

                                    —

                                    Peppers (other than sweet) (Capsicum spp.)

                                    —

                                    ex 0709 60 99 ;

                           20

                        ex 0710 80 59

                           20

                                    —

                                    Yardlong beans
                                    (Vigna unguiculata spp. sesquipedalis, vigna unguiculata spp. unguiculata)

                                    —

                                    ex 0708 20 00 ;

                           10

                        ex 0710 22 00

                           10

                              (Food — fresh, chilled or frozen)

                                    —

                                    Sweet peppers (Capsicum annuum)

                                    —

                                    0709 60 10 ;

                           Egypt (EG)

                        Pesticide residues (2)
                            (7)

                        10

                        0710 80 51

                                    —

                                    Peppers (other than sweet) (Capsicum spp.)

                                    —

                                    ex 0709 60 99 ;

                           20

                        ex 0710 80 59

                           20

                              (Food — fresh, chilled or frozen)

                                    —

                                    Hazelnuts, in shell

                                    —

                                 0802 21 00

                           Georgia (GE)

                        Aflatoxins

                        20

                                    —

                                    Hazelnuts, shelled

                                    —

                                 0802 22 00

                              (Food)

                        Palm oil

                              (Food)

                        1511 10 90 ;

                           Ghana (GH)

                        Sudan dyes (8)

                        50

                        1511 90 11 ;

                        ex 1511 90 19 ;

                           90

                        1511 90 99

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                           Gambia (GM)

                        Aflatoxins

                        50

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91 ;
                                    2008 11 96 ;
                                    2008 11 98

                              (Feed and food)

                        Okra

                              (Food — fresh, chilled or frozen)

                        ex 0709 99 90 ;

                           20

                           India (IN)

                        Pesticide residues (2)
                            (9)

                        10

                        ex 0710 80 95

                           30

                        Peppers (other than sweet) (Capsicum spp.)

                              (Food — fresh, chilled or frozen)

                        ex 0709 60 99 ;

                           20

                           India (IN)

                        Pesticide residues (2)
                            (10)

                        10

                        ex 0710 80 59

                           20

                        Chinese celery (Apium graveolens)

                              (Food — fresh or chilled herb)

                        ex 0709 40 00

                           20

                           Cambodia (KH)

                        Pesticide residues (2)
                            (11)

                        50

                        Yardlong beans
                        (Vigna unguiculata spp. sesquipedalis, vigna unguiculata spp. unguiculata)

                              (Food — fresh, chilled or frozen vegetables)

                        ex 0708 20 00 ;

                           10

                           Cambodia (KH)

                        Pesticide residues (2)
                            (12)

                        50

                        ex 0710 22 00

                           10

                        Turnips (Brassica rapa spp. Rapa)

                              (Food — prepared or preserved by vinegar or acetic acid)

                        ex 2001 90 97

                           11 ; 19

                           Lebanon (LB)

                        Rhodamine B

                        50

                        Peppers (sweet or other than sweet) (Capsicum spp.)

                              (Food — dried, roasted, crushed or ground)

                        ex 2008 99 99 ;

                           79

                           Sri Lanka (LK)

                        Aflatoxins

                        20

                        0904 21 10 ;

                        ex 0904 21 90 ;

                           20

                        ex 0904 22 00

                           11 ; 19

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                           Madagascar (MG)

                        Aflatoxins

                        50

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91 ;
                                    2008 11 96 ;
                                    2008 11 98

                              (Feed and food)

                        Sesamum seeds

                              (Food — fresh or chilled)

                        1207 40 90

                           Nigeria (NG)

                        Salmonella (13)

                        50

                        Peppers (other than sweet) (Capsicum spp.)

                              (Food — fresh, chilled or frozen)

                        ex 0709 60 99 ;

                           20

                           Pakistan (PK)

                        Pesticide residues (2)

                        10

                        ex 0710 80 59

                           20

                        Raspberries

                              (Food — frozen)

                        0811 20 31 ;

                           Serbia (RS)

                        Norovirus

                        10

                        ex 0811 20 11 ;

                           10

                        ex 0811 20 19

                           10

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                           Sudan (SD)

                        Aflatoxins

                        50

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91 ;
                                    2008 11 96 ;
                                    2008 11 98

                              (Feed and food)

                        Sesamum seeds

                              (Food — fresh or chilled)

                        1207 40 90

                           Sudan (SD)

                        Salmonella (13)

                        50

                        Watermelon (Egusi, Citrullus spp.) seeds and derived products

                              (Food)

                        ex 1207 70 00 ;

                           10

                           Sierra Leone (SL)

                        Aflatoxins

                        50

                        ex 1106 30 90 ;

                           30

                        ex 2008 99 99

                           50

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                           Senegal (SN)

                        Aflatoxins

                        50

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91 ;
                                    2008 11 96 ;
                                    2008 11 98

                              (Feed and food)

                        Turnips (Brassica rapa spp. Rapa)

                              (Food — prepared or preserved by vinegar or acetic acid)

                        ex 2001 90 97

                           11 ; 19

                           Syria (SY)

                        Rhodamine B

                        50

                        Peppers (other than sweet) (Capsicum spp.)

                              (Food — fresh, chilled or frozen)

                        ex 0709 60 99 ;

                           20

                           Thailand (TH)

                        Pesticide residues (2)
                            (14)

                        10

                        ex 0710 80 59

                           20

                                    —

                                    Dried apricots

                                    —

                                 0813 10 00

                           Turkey (TR)

                        Sulphites (16)

                        20

                                    —

                                    Apricots, otherwise prepared or preserved (15)

                                    —

                                 2008 50 61

                              (Food)

                        Dried grapes (including dried grapes cut or crushed into a paste, without any further treatment)

                              (Food)

                        0806 20

                           Turkey (TR)

                        Ochratoxin A

                        5

                        Lemons (Citrus limon, Citrus limonum)

                              (Food — fresh, chilled or dried)

                        0805 50 10

                           Turkey (TR)

                        Pesticide residues (2)

                        10

                        Pomegranates

                              (Food — fresh or chilled)

                        ex 0810 90 75

                           30

                           Turkey (TR)

                        Pesticide residues (2)
                            (17)

                        10

                        Sweet Peppers (Capsicum annuum)

                              (Food — fresh, chilled or frozen)

                        0709 60 10 ;
                        0710 80 51

                           Turkey (TR)

                        Pesticide residues (2)
                            (18)

                        10

                        Vine leaves

                              (Food)

                        ex 2008 99 99

                           11 ; 19

                           Turkey (TR)

                        Pesticide residues (2)
                            (19)

                        50

                        Sesamum seeds

                              (Food — fresh or chilled)

                        1207 40 90

                           Uganda (UG)

                        Salmonella (13)

                        50

                                    —

                                    Pistachios, in shell

                                    —

                                 0802 51 00

                           United States (US)

                        Aflatoxins

                        10

                                    —

                                    Pistachios, shelled

                                    —

                                 0802 52 00

                                    —

                                    Pistachios, roasted

                                          (Food)

                                    —

                                    ex 2008 19 13 ;

                           20

                        ex 2008 19 93

                           20

                                    —

                                    Dried apricots

                                    —

                                 0813 10 00

                           Uzbekistan (UZ)

                        Sulphites (16)

                        50

                                    —

                                    Apricots, otherwise prepared or preserved (15)

                                    —

                                 2008 50 61

                              (Food)

                                    —

                                    Coriander leaves

                                    —

                                 ex 0709 99 90

                           72

                           Vietnam (VN)

                        Pesticide residues (2)
                            (20)

                        50

                                    —

                                    Basil (holy, sweet)

                                    —

                                 ex 1211 90 86

                           20

                                    —

                                    Mint

                                    —

                                 ex 1211 90 86

                           30

                                    —

                                    Parsley

                                    —

                                 ex 0709 99 90

                           40

                              (Food — fresh or chilled herbs)

                        Okra

                              (Food — fresh, chilled or frozen)

                        ex 0709 99 90

                           20

                           Vietnam (VN)

                        Pesticide residues (2)
                            (20)

                        50

                        ex 0710 80 95

                           30

                        Peppers (other than sweet) (Capsicum spp.)

                              (Food — fresh, chilled or frozen)

                        ex 0709 60 99 ;

                           20

                           Vietnam (VN)

                        Pesticide residues (2)
                            (20)

                        50

                        ex 0710 80 59

                           20

                        Pitahaya (dragon fruit)

                              (Food — fresh or chilled)

                        ex 0810 90 20

                           10

                           Vietnam (VN)

                        Pesticide residues (2)
                            (20)

                        10

                  ’

         (1)  Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists, the CN code is marked “ex”.

         (2)  Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1) that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only).

         (3)  Residues of Ethephon.

         (4)  Residues of Amitraz.

         (5)  Residues of Tolfenpyrad.

         (6)  Residues of Acephate, Aldicarb (sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb), Amitraz (amitraz including the metabolites containing the 2,4-dimethylaniline moiety expressed as amitraz), Diafenthiuron, Dicofol (sum of p, p′ and o,p′ isomers), Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and Methiocarb (sum of methiocarb and methiocarb sulfoxide and sulfone, expressed as methiocarb).

         (7)  Residues of Dicofol (sum of p, p′ and o,p′ isomers), Dinotefuran, Folpet, Prochloraz (sum of prochloraz and its metabolites containing the 2,4,6-Trichlorophenol moiety expressed as prochloraz), Thiophanate-methyl and Triforine.

         (8)  For the purposes of this Annex, “Sudan dyes” refers to the following chemical substances: (i) Sudan I (CAS Number 842-07-9); (ii) Sudan II (CAS Number 3118-97-6); (iii) Sudan III (CAS Number 85-86-9); (iv) Scarlet Red; or Sudan IV (CAS Number 85-83-6).

         (9)  Residues of Diafenthiuron.

         (10)  Residues of Carbofuran.

         (11)  Residues of Phenthoate.

         (12)  Residues of Chlorbufam.

         (13)  Reference method EN/ISO 6579-1 or a method validated against it in accordance with the most recent version of EN/ISO 16140 or other internationally accepted similar protocols.

         (14)  Residues of Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)), Prothiofos and Triforine.

         (15)  Identity and physical checks may be carried out by the competent authority of the place of destination as indicated in the CED, if appropriate at the premises of the feed and food business operator in accordance with Article 9(2) of this Regulation.

         (16)  Reference methods: EN 1988-1:1998, EN 1988-2:1998 or ISO 5522:1981.

         (17)  Residues of Prochloraz.

         (18)  Residues of Diafenthiuron, Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)) and Thiophanate-methyl.

         (19)  Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and Metrafenone.

         (20)  Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos.

      ANNEX II
      In Annex I to Implementing Regulation (EU) No 885/2014, the following entry concerning okra from India is deleted:

                     ‘Okra

                           (Food — fresh and frozen)

                     ex 0709 99 90

                     20

                     India (IN)

                     Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (2)

                     20

         (2)  Certification by the country of origin and control at import by the Member States to ensure compliance with Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1), in particular residues of: Acephate, Methamidophos, Triazophos, Endosulfan, Monocrotophos, Methomyl, Thiodicarb, Diafenthiuron, Thiamethoxam, Fipronil, Oxamyl, Acetamiprid, Indoxacarb, Mandipropamid.’


title: Commission Implementing Regulation (EU) 2018/939 of 26 June 2018 entering a name in the register of protected designations of origin and protected geographical indications (‘Cidre Contentin’/‘Contentin’ (PDO))

text:
               3.7.2018

               EN

               Official Journal of the European Union

               L 166/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/939
   of 26 June 2018
   entering a name in the register of protected designations of origin and protected geographical indications (‘Cidre Contentin’/‘Contentin’ (PDO))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, France's application to register the name ‘Cidre Cotentin’/‘Cotentin’ was published in the Official Journal of the European Union (2).

               (2)

               By letter of 16 November 2016, the French authorities notified the Commission that, under Article 15(4) of Regulation (EU) No 1151/2012, a transitional period ending on 15 November 2026 had been granted to the limited liability agricultural holding (EARL) La Vallée des Pommiers, 17, bis hameau Les Mesles, 50340 Bricquebosq, and to the limited liability company (SARL) Cidrerie Le père Mahieu, 17, bis hameau Les Mesles, 50340 Bricquebosq, which are established on their territory, and meet the conditions of the above article, in accordance with the order of 14 October 2016 on the protected designation of origin ‘Cidre Contentin’/‘Contentin’, published on 22 October 2016 in the Official Journal of the French Republic. During the national opposition procedure, these operators, who had been legally marketing ‘Cidre Contentin’/‘Contentin’ continuously for at least five years prior to submission of the application, lodged an objection.

               (3)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Cidre Contentin’/‘Contentin’ should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Cidre Contentin’/‘Contentin’ (PDO) is hereby entered in the register.
   The name specified in the first paragraph denotes a product in Class 1.8 as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
   Article 2
   The protection provided under Article 1 is subject to the transitional period granted by France pursuant to the order of 14 October 2016 on the protected designation of origin ‘Cidre Contentin’/‘Contentin’ (PDO), published on 22 October 2016 in the Official Journal of the French Republic, under Article 15(4) of Regulation (EU) No 1151/2012, to operators meeting the conditions set out in that Article.
   Article 3
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 26 June 2018.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

      (1)  OJ L 343, 14.12.2012, p. 1.

      (2)  OJ C 39, 2.2.2018, p. 33.

      (3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


title: Commission Implementing Regulation (EU) 2018/988 of 27 April 2018 amending and correcting Implementing Regulation (EU) 2017/656 laying down the administrative requirements relating to emission limits and type-approval of internal combustion engines for non-road mobile machinery in accordance with Regulation (EU) 2016/1628 of the European Parliament and of the Council (Text with EEA relevance.)

text:
                  18.7.2018

                  EN

                  Official Journal of the European Union

                  L 182/46

            COMMISSION IMPLEMENTING REGULATION (EU) 2018/988
      of 27 April 2018
      amending and correcting Implementing Regulation (EU) 2017/656 laying down the administrative requirements relating to emission limits and type-approval of internal combustion engines for non-road mobile machinery in accordance with Regulation (EU) 2016/1628 of the European Parliament and of the Council
      (Text with EEA relevance)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013 and amending and repealing Directive 97/68/EC (1), and in particular Articles 18(5), 21(3), 23(5), 24(12) and 32(3) thereof,
      Whereas:

                  (1)

                  Commission Implementing Regulation (EU) 2017/656 (2) lays down, inter alia, the templates for certain documents to be drawn up in the context of the EU type-approval of internal combustion engines for non-road mobile machinery. Given a number of errors and omissions, those templates should be amended and corrected and made more comprehensive.

                  (2)

                  For the purpose of transparency and completeness, the engine manufacturer should include in the information folder a copy of the demonstration reports of specific tests when applying for an EU type-approval.

                  (3)

                  In order to harmonise and facilitate the procedures for the calculation of gaseous pollutant emissions for in-service monitoring of non-road mobile engines in accordance with Commission Delegated Regulation (EU) 2017/655 (3), the reference work and the reference CO2 mass used for that calculation should be stated in the addendum of the template of the EU type-approval certificate and in the single format of the test report.

                  (4)

                  For the purpose of harmonising the terminology used in the entire legislative package relating to emission limits and type-approval of internal combustion engines for non-road mobile machinery and clarifying their meaning, the terms ‘cylinder displacement’ and ‘engine displacement’ appearing in Implementing Regulation (EU) 2017/656 should be replaced by the terms ‘swept volume per cylinder’ and ‘engine total swept volume’.

                  (5)

                  Finally, following the publication of Implementing Regulation (EU) 2017/656, minor errors of different types have been detected and need to be corrected. In particular, certain changes should be made to provisions containing contradictions or redundant information and certain references and numbering should be corrected.

                  (6)

                  In particular, points 10 to 11.2 of the template for the single format of the test report should be corrected in order to correctly reflect the terminology used in Regulation (EU) 2016/1628.

                  (7)

                  Implementing Regulation (EU) 2017/656 should therefore be amended and corrected accordingly.

                  (8)

                  The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee – Motor Vehicles,

            HAS ADOPTED THIS REGULATION:
      Article 1
      Amendments to Implementing Regulation (EU) 2017/656
      Implementing Regulation (EU) 2017/656 is amended as follows:

                  (1)

                  the following Article 12a is inserted:
                  ‘Article 12a
                  Transitional provisions
                  1.   Notwithstanding the application of the provisions of this Regulation, as amended by Commission Implementing Regulation (EU) 2018/988 (*1), approval authorities shall, until 31 December 2018, also continue to grant EU type-approvals to engine types or engine families in accordance with this Regulation, in its version applicable on 6 August 2018.
                  2.   Notwithstanding the application of the provisions of this Regulation, as amended by Implementing Regulation (EU) 2018/988, the Member States shall, until 30 June 2019, also permit the placing on the market of engines based on an engine type approved in accordance with this Regulation, in its version applicable on 6 August 2018.

                     (*1)  Commission Implementing Regulation (EU) 2018/988 of 27 April 2018 amending and correcting Implementing Regulation (EU) 2017/656 laying down the administrative requirements relating to emission limits and type-approval of internal combustion engines for non-road mobile machinery in accordance with Regulation (EU) 2016/1628 of the European Parliament and of the Council (OJ L 182, 18.7.2018, p. 46).’;"

                  (2)

                  Annex I is amended in accordance with Annex I to this Regulation;

                  (3)

                  Annex IV is amended in accordance with Annex IV to this Regulation;

            Article 2
      Corrections to Implementing Regulation (EU) 2017/656
      Implementing Regulation (EU) 2017/656 is corrected as follows:

                  (1)

                  Annex I is corrected in accordance with Annex II to this Regulation;

                  (2)

                  in Annex II, Appendix 1 and Appendix 2 are corrected in accordance with Annex III to this Regulation;

                  (3)

                  in Annex III, Appendix 1, Table 1, the ninth row, in the first column, the words ‘Applicable exemption code (EM) or transition code (TM) from column 4 of Table 1 of Appendix 2 to Annex II’ are replaced by the words ‘Applicable exemption code (EM) or transition code (TR) from column 4 of Table 1 of Appendix 2 to Annex II’;

                  (4)

                  in Annex IV, the Addendum to the EU type-approval certificate is corrected in accordance with Annex V to this Regulation;

                  (5)

                  Annex V is corrected in accordance with Annex VI to this Regulation;

                  (6)

                  Annex VI is corrected in accordance with Annex VII to this Regulation;

                  (7)

                  Annex IX is corrected in accordance with Annex VIII to this Regulation.

            Article 3
      Entry into force
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 27 April 2018.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 252, 16.9.2016, p. 53.

         (2)  Commission Implementing Regulation (EU) 2017/656 of 19 December 2016 laying down the administrative requirements relating to emission limits and type-approval of internal combustion engines for non-road mobile machinery in accordance with Regulation (EU) 2016/1628 of the European Parliament and of the Council (OJ L 102, 13.4.2017, p. 364).

         (3)  Commission Delegated Regulation (EU) 2017/655 of 19 December 2016 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council with regard to monitoring of gaseous pollutant emissions from in-service internal combustion engines installed in non-road mobile machinery (OJ L 102, 13.4.2017, p. 334).

         ANNEX I
         Annex I to Implementing Regulation (EU) 2017/656 is amended as follows:

                     (1)

                     Part A is amended as follows:

                                 (a)

                                 point 1.5.1 is replaced by the following:

                                             ‘1.5.1.

                                             Where applicable, a copy of the demonstration reports set out in points 10.5.1 and 13.4.1 of Appendix 1 of Annex IV to Delegated Regulation (EU) 2017/654’;

                                 (b)

                                 the following points 1.5.2 and 1.5.3 are inserted:

                                             ‘1.5.2.

                                             Where applicable, a description of the connection for, and method to read, the records set out in point 5.2.1.1.(e) of Appendix 1 of Annex IV to Delegated Regulation (EU) 2017/654 and point 4.1 of Appendix 2 of that Annex;

                                             1.5.3.

                                             Where the engine type or engine family is member of a NCD engine family, a justification of its membership together with the information requested in points 1.5, 1.5.1 and 1.5.2 on the NCD engine family may be supplied alternatively, upon agreement of the approval authority;’;

                                 (c)

                                 point 1.6.1 is replaced by the following:

                                             ‘1.6.1.

                                             Where applicable, a copy of the demonstration report set out in point 9.3.6.1 of Appendix 4 of Annex IV to Delegated Regulation (EU) 2017/654’;

                                 (d)

                                 the following points 1.6.2 and 1.6.3 are inserted:

                                             ‘1.6.2.

                                             Where applicable, a description of the connection for, and method to read, the records set out in point 5.4 of Appendix 4 of Annex IV to Delegated Regulation (EU) 2017/654 and point 4.1 of Appendix 2 of that Annex;

                                             1.6.3.

                                             Where the engine type or engine family is member of a PCD engine family, a justification of its membership together with the information requested in points 1.6, 1.6.1 and 1.6.2 on the PCD engine family may be supplied alternatively, upon agreement of the approval authority;’;

                     (2)

                     Appendix 3 is amended as follows:

                                 (a)

                                 Part B is amended as follows:

                                             (i)

                                             point 2.10.4 is replaced by the following:

                                                         ‘2.10.4.

                                                         Others: Yes/No
                                                         (if yes, complete section 3.10.4 and provide a schematic diagram of the location and order of the devices)’;

                                             (ii)

                                             point 2.11.9 is replaced by the following:

                                                         ‘2.11.9.

                                                         Other devices or features that have a strong influence on emissions: Yes/No
                                                         (if yes, complete section 3.11.7)’;

                                 (b)

                                 in Part C, the table is amended as follows:

                                             (i)

                                             the following row with item number 3.4.6.1 is inserted:

                                                         ‘3.4.6.1.

                                                         In case of RMC, number of pre-conditioning RMC prior to RMC NRSC test

                                                         X

                                                         Minimum 0,5’

                                             (ii)

                                             the following rows with item numbers 3.10.3 to 3.10.4.1 are inserted:

                                                         ‘3.10.3.

                                                         Air injection

                                                         3.10.3.1.

                                                         Operation principle:

                                                         X

                                                         3.10.4.

                                                         Other(s)

                                                         3.10.4.1.

                                                         Type(s):

                                                         X’

                                             (iii)

                                             the following row with item number 3.11.1.3.1 is inserted:

                                                         ‘3.11.1.3.1.

                                                         Test conditions for measurement:

                                                         X

                                                         X’

                                             (iv)

                                             the following rows with item numbers 3.11.7 and 3.11.7.1 are inserted:

                                                         ‘3.11.7.

                                                         Other device(s) or feature(s)

                                                         3.11.7.1.

                                                         Type(s):

                                                         X’

         ANNEX II
         Annex I to Implementing Regulation (EU) 2017/656 is corrected as follows:

                     (1)

                     in Part A, point 1.3 is replaced by the following:

                                 ‘1.3.

                                 Manufacturer's statement on the compliance of the engine type or engine family with the exhaust emission limits set out in Annex II to Regulation (EU) 2016/1628 with regard to specified liquid fuels, fuel mixtures or fuel emulsions other than those set out in point 1.2.2 of Annex I to Delegated Regulation (EU) 2017/654;’;

                     (2)

                     Part B is corrected as follows:

                                 (a)

                                 point 2.1.3.2 is replaced by the following:

                                             ‘2.1.3.2.

                                             An (X) in the corresponding column of the table identifies the purpose(s) for which each item is required:

                                                         (a)

                                                         “Test” means information required for the conduct of the emissions test,

                                                         (b)

                                                         “Installation” means information required for the installation in non-road mobile machinery, and

                                                         (c)

                                                         “Homologation” means information required for any inspection to confirm that the engine matches with the characteristics of the specified engine type, and, where applicable, of the specified engine family.

                                                   The columns “test”, “installation” and “homologation” are for information only, and may be omitted from the information document submitted to the approval authority.’;

                                 (b)

                                 in point 4.2, the second paragraph is replaced by the following:
                                 ‘The engine family designation shall clearly and unequivocally identify those engines presenting a unique combination of technical features for those items set out in Part B of Appendix 3 applicable to the particular engine family.’;

                     (3)

                     Appendix 3 is corrected as follows:

                                 (a)

                                 Part B is corrected as follows:

                                             (i)

                                             point 2.5 is replaced by the following:

                                                         ‘2.5.

                                                         Range of swept volume per cylinder (cm3): …’;

                                             (ii)

                                             point 2.8.3 is replaced by the following:

                                                         ‘2.8.3.

                                                         list of additional fuels, fuel mixtures or emulsions suitable for use by the engine, as declared by the manufacturer in accordance with point 1.2.3 of Annex I to Delegated Regulation (EU) 2017/654 (provide reference to recognised standard or specification): …’;

                                 (b)

                                 in Part C, the table is corrected as follows:

                                             (i)

                                             the row with item number 3.4.6 is replaced by the following:

                                                         ‘3.4.6.

                                                         Pre-conditioning for RMC NRSC: Steady-state operation/RMC:

                                                         X’

                                             (ii)

                                             the rows with item numbers 3.6.4 and 3.6.5 are replaced by the following:

                                                         ‘3.6.4.

                                                         Engine total swept volume (cm3):

                                                         X

                                                         3.6.5.

                                                         Swept volume per cylinder as % of parent engine:

                                                         X

                                                         If engine family’

                                             (iii)

                                             the rows with item numbers 3.8.3 and 3.8.3.1 are replaced by the following:

                                                         ‘3.8.3.

                                                         Charge air cooler: Yes/No

                                                         X

                                                         X

                                                         3.8.3.1.

                                                         Type: air-air/air-water/other(specify)

                                                         X’

                                             (iv)

                                             in the row with item number 3.8.3.4, the item number ‘3.8.3.4.’ is replaced by the item number ‘3.8.3.3.’;

                                             (v)

                                             the row with item number 3.10.1.1 is replaced by the following:

                                                         ‘3.10.1.1.

                                                         Characteristics: cooled/uncooled, high pressure/low pressure/other (specify):

                                                         X’

                                             (vi)

                                             the row with item number 3.11.1.3 is replaced by the following:

                                                         ‘3.11.1.3.

                                                         Minimum temperature at inlet to first after-treatment device (deg. C), if stated:

                                                         X

                                                         X’

                                             (vii)

                                             the row with item number 3.14.2 is replaced by the following:

                                                         ‘3.14.2.

                                                            Pressure regulator(s)/vaporiser(s)’

         ANNEX III
         Annex II to Implementing Regulation (EU) 2017/656 is corrected as follows:

                     (1)

                     in Appendix 1, in Section 2, point 3 is replaced by the following:

                                 ‘3.

                                 Exemption Code (EM)/transition code (TR) (6): …’;

                     (2)

                     in Appendix 2, Table 1 is corrected as follows:

                                 (i)

                                 in the heading of column 4, the words ‘Exemption Code (EM) or transition code (TM) (column 4)’ are replaced by the words ‘Exemption code (EM) or transition code (TR) (column 4)’;

                                 (ii)

                                 in the first row, in column 5 (‘Text for supplementary information’), the words ‘ENGINE NOT FOR USE IN EU MACHINERY’ are replaced by the words ‘ENGINE NOT FOR USE IN EU NON-ROAD MOBILE MACHINERY’.

         ANNEX IV
         Annex IV to Implementing Regulation (EU) 2017/656 is amended as follows:

                     (1)

                     in the Addendum to the EU type-approval certificate, the following points 11.3 to 11.3.2 are added:
                     ‘11.3.   In service monitoring reference values (9)

                                 11.3.1.

                                 Reference work (kWh): …

                                 11.3.2.

                                 Reference CO2 mass (g): …’;

                     (2)

                     in the Explanatory notes to Annex IV, the following explanatory note (9) is added:

                                 ‘(9)

                                 Only applicable to engines of sub-categories NRE-v-5 and NRE-v-6 tested on NRTC.’;

         ANNEX V
         In Annex IV to Implementing Regulation (EU) 2017/656, the Addendum to the EU type-approval certificate is corrected as follows:

                     (1)

                     points 2.11.8, 2.11.9 and 2.11.10 are replaced by the following:

                                 ‘2.11.8.

                                 Other after-treatment devices (specify): …

                                 2.11.9.

                                 Other devices or features that have a strong influence on emissions (specify): …’;

                     (2)

                     in point 3.6.4 in the second column ‘Item description’, the words ‘Engine Displacement (cm3):’ are replaced by the words ‘Engine total swept volume (cm3):’;

         ANNEX VI
         Annex V to Implementing Regulation (EU) 2017/656 is corrected as follows:

                     (1)

                     in point 3.1, the introductory wording of the first paragraph is replaced by the following:
                     ‘Example of a EU type-approval number of an NRSh-v-1b engine operating on petrol fuel, issued by the Netherlands, which has been extended three times:’;

                     (2)

                     in point 3.2, the introductory wording of the first paragraph is replaced by the following:
                     ‘Example of a EU type-approval number of a NRE-c-3 type 1A dual fuel engine operating on gaseous fuel of type LN2 (a specific liquefied natural gas/liquefied biomethane composition resulting in a λ-shift factor not differing by more than 3 per cent the λ-shift factor of the G20 gas specified in Annex I to Delegated Regulation (EU) 2017/654 and the ethane content of which does not exceed 1,5 per cent), which has not yet been extended, issued by France:’;

                     (3)

                     in point 3.3, the introductory wording of the first paragraph is replaced by the following:
                     ‘Example of a EU type-approval number of a RLL-v-1 engine according to the SPE emission limits operating on diesel fuel, issued by Austria, which has been extended 2 times:’.

         ANNEX VII
         Annex VI to Implementing Regulation (EU) 2017/656 is corrected as follows:

                     (1)

                     point 2.6 is replaced by the following:

                                 ‘2.6.

                                 The test report may be delivered on paper or in an electronic format agreed between the manufacturer, technical service and approval authority.’;

                     (2)

                     Appendix 1 is corrected as follows:

                                 (i)

                                 points 10 to 11.2 are replaced by the following:
                                 ‘10.   Information concerning the conduct of the transient test (if applicable)

                                 10.1.   Cycle (mark cycle with X) to be stated in Table 8:

                                    Table 8

                                    Transient test cycle

                                             NRTC

                                             LSI-NRTC

                                       10.2.   Transient test deterioration factors:

                                             10.2.1.

                                             Deterioration Factor (DF): calculated/fixed

                                             10.2.2.

                                             DF values and the emissions results to be stated in Table 9 or Table 10

                                       10.3.   NRTC emission results:

                                    Table 9

                                    DF values and the emissions results for NRTC

                                             DF
                                             mult/add

                                             CO

                                             HC

                                             NOx

                                             HC+NOx

                                             PM

                                             PN

                                             Emissions

                                             CO (g/kWh)

                                             HC (g/kWh)

                                             NOx (g/kWh)

                                             HC+NOx (g/kWh)

                                             PM (g/kWh)

                                             PN (#/kWh)

                                             Cold start

                                             Hot start test result
                                             with/without regeneration

                                             Weighted test result

                                                k
                                                ru/k
                                                rd

                                             mult/add

                                             Weighted test result with IRAFs

                                                Final test result with DF

                                             10.3.1.

                                             Hot cycle CO2 (g/kWh):

                                             10.3.2.

                                             Cycle average NH3 (ppm):

                                             10.3.3.

                                             Cycle work for hot start test (kWh):

                                             10.3.4.

                                             Cycle CO2 for hot start test (g):

                                       10.4.   LSI-NRTC emission results

                                    Table 10

                                    DF values and the emissions results for LSI- NRTC

                                             DF
                                             mult/add

                                             CO

                                             HC

                                             NOx

                                             HC+NOx

                                             PM

                                             PN

                                             Emissions

                                             CO (g/kWh)

                                             HC (g/kWh)

                                             NOx (g/kWh)

                                             HC+NOx (g/kWh)

                                             PM (g/kWh)

                                             PN (#/kWh)

                                             test result
                                             with/without regeneration

                                                k
                                                ru/k
                                                rd

                                             mult/add

                                             Test result with IRAFs

                                                Final test result with DF

                                             10.4.1.

                                             Cycle CO2 (g/kWh):

                                             10.4.2.

                                             Cycle average NH3 (ppm):

                                             10.4.3.

                                             Cycle work (kWh):

                                             10.4.4.

                                             Cycle CO2 (g):

                                       10.5.   Sampling system used for the transient test:

                                             10.5.1.

                                             Gaseous emissions:

                                             10.5.2.

                                             PM:

                                             10.5.3.

                                             Particle number:

                                       11.   Final emissions results

                                 11.1.   Cycle emissions results to be stated in Table 11.

                                    Table 11

                                    Final emissions results

                                             Emissions

                                             CO
                                             (g/kWh)

                                             HC
                                             (g/kWh)

                                             NOx

                                             (g/kWh)

                                             HC+NOx

                                             (g/kWh)

                                             PM
                                             (g/kWh)

                                             PN
                                             (#/kWh)

                                             Test Cycle (1)

                                             NRSC final result with DF (2).

                                             Final transient test result with DF (3)

                                       11.2.   CO2 result (4):
                                 11.3.   In service monitoring reference values (5)
                                 11.3.1.   Reference work (kWh) (6):
                                 11.3.2.   Reference CO2 mass (g) (7):’;

                                 (ii)

                                 the explanatory notes to Appendix 1 are replaced by the following:
                                 ‘Explanatory notes to Appendix 1:

                                    (Footnote markers, footnotes and explanatory notes not to be stated on the test report)

                                             (1)

                                             For NRSC indicate the cycle noted in point 9.1 (Table 4); for transient test indicate cycle noted in point 10.1 (Table 8).

                                             (2)

                                             Copy the “Final test result with DF” results from Table 6.

                                             (3)

                                             Copy “Final test result with DF” results from Table 9 or 10, as applicable.

                                             (4)

                                             For an engine type or engine family that is tested on both the NRSC and a transient cycle, indicate the hot cycle CO2 emissions values from the NRTC noted in point 10.3.4 or the CO2 emissions values from the LSI-NRTC noted in point 10.4.4. For an engine only tested on an NRSC indicate the CO2 emissions values given in that cycle noted in point 9.3.3.

                                             (5)

                                             Only applicable to engines of sub-categories NRE-v-5 and NRE-v-6 tested on NRTC.

                                             (6)

                                             Indicate the cycle work for hot start test value from the NRTC noted in point 10.3.3.

                                             (7)

                                             Indicate the cycle CO2 for hot start test value from the NRTC noted in point 10.3.4.’.

         ANNEX VIII
         Points 2.4.4 to 2.4.4.3 of Annex IX to Implementing Regulation (EU) 2017/656 are replaced by the following:

            ‘2.4.4.   Swept volume per cylinder
            2.4.4.1.   Engine with a swept volume per cylinder ≥ 750 cm3

            In order for engines with a swept volume per cylinder of ≥ 750 cm3 to be considered to belong to the same engine family, the spread of their swept volume per cylinder shall not exceed 15 per cent of the largest swept volume per cylinder within the engine family.
            2.4.4.2.   Engine with a swept volume per cylinder < 750 cm3

            In order for engines with an individual cylinder swept volume of < 750 cm3 to be considered to belong to the same engine family, the spread of their swept volume per cylinder shall not exceed 30 per cent of the largest swept volume per cylinder within the engine family.
            2.4.4.3.   Engine with greater spread in swept volume per cylinder
            Notwithstanding points 2.4.4.1 and 2.4.4.2, engines with a swept volume per cylinder that exceeds the spread defined in paragraphs 2.4.4.1 and 2.4.4.2 may be considered to belong to the same engine family subject to the approval of the approval authority. The approval shall be based on technical elements (calculations, simulations, experimental results etc.) showing that exceeding the spread does not have a significant influence on the exhaust emissions.’.