title: Commission Implementing Regulation (EU) 2021/1880 of 26 October 2021 correcting the Polish language version of Implementing Regulation (EU) 2019/317 laying down a performance and charging scheme in the single European sky (Text with EEA relevance)

text:
                  27.10.2021

                  EN

                  Official Journal of the European Union

                  L 380/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/1880
         of 26 October 2021
         correcting the Polish language version of Implementing Regulation (EU) 2019/317 laying down a performance and charging scheme in the single European sky
         (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 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (1), and in particular Article 11(6) thereof,
         Having regard to Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) (2), and in particular Article 15(4) thereof,
         Whereas:

                     (1)

                     The Polish language version of Commission Implementing Regulation (EU) 2019/317 (3) contains errors which affect the scope of the following provisions: in Article 14(1), first sentence and in Article 15(1), first sentence as regards the criterion for assessing the consistency of performance targets; in Article 21(3) as regards the condition of establishing a specific terminal charging zone; in Article 22(5), third subparagraph, introductory sentence as regards the charging zones for which the determined costs are set out; in Article 22(7), second sentence as regards the obligation of the national supervisory authorities to examine the relevant accounting documents; in Annex I, Section 1, point 2.1(c), point 2.2(a)(iii) and point 2.2(b)(iv) as regards the entry or exit points used in the calculation of indicators for flights departing from or arriving at an airport outside the European airspace; in Annex I, Section 1, point 3.1(b) as regards the definition of ‘calculated take-off time’; in Annex I, Section 2, point 1.2(d) as regards the airspace, for which the rate of separation minima infringements is calculated; in Annex I, Section 2, point 2.1(b) and point 2.2(b)(iii) as regards the definition of the ‘en route part’; in Annex II, point 3.3(e), Annex IV, point 2.1(d)(iii), Annex VII, Table 1, points 3 and 3.4, Annex VII, point 2.1(i) and Annex XI, point 1.2(f) as regards the calculation of the cost of capital; in Annex IV, point 1.3 as regards the reference values; in Annex VI, point 1.2(d) and point 2.1(d) as regards the scope of the reporting obligations on the trends; in Annex VI, point 2.1(a), second paragraph as regards the type of data covered by the exception; in Annex XIII, point 1.1(a) as regards the reference value informing the pivot value; as well as in Annex XIII, point 2.1(a), first subparagraph and point 2.1(b), first subparagraph as regards the condition for calculating the financial advantage and disadvantage.

                     (2)

                     The Polish language version of Implementing Regulation (EU) 2019/317 should therefore be corrected accordingly. The other language versions are not affected.

                     (3)

                     The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee,

               HAS ADOPTED THIS REGULATION:

            Article 1

               (does not concern the English language)

            Article 2
            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 October 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 96, 31.3.2004, p. 1.

            (2)  OJ L 96, 31.3.2004, p. 10.

            (3)  Commission Implementing Regulation (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013 (OJ L 56, 25.2.2019, p. 1).


title: Commission Implementing Regulation (EU) 2019/1605 of 27 September 2019 approving the low-risk active substance Bacillus subtilis strain IAB/BS03, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance.)

text:
                  30.9.2019

                  EN

                  Official Journal of the European Union

                  L 250/49

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1605
         of 27 September 2019
         approving the low-risk active substance Bacillus subtilis strain IAB/BS03, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
         (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 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2) in conjunction with Article 22 thereof,
         Whereas:

                     (1)

                     In accordance with Article 7(1) of Regulation (EC) No 1107/2009, Investigaciones y Aplicaciones Biotecnológicas S.L. submitted to the Netherlands on 16 December 2014 an application for the approval of the active substance Bacillus subtilis strain IAB/BS03.

                     (2)

                     In accordance with Article 9(3) of that Regulation, the Netherlands, as rapporteur Member State, notified the applicant, the other Member States, the Commission and the European Food Safety Authority (‘the Authority’) of the admissibility of the application on 23 June 2015.

                     (3)

                     On 24 February 2017, the rapporteur Member State submitted a draft assessment report to the Commission with a copy to the Authority, assessing whether that active substance can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009.

                     (4)

                     The Authority complied with Article 12(1) of Regulation (EC) No 1107/2009. In accordance with Article 12(3) of that Regulation, it requested that the applicant supply additional information to the Member States, the Commission and the Authority. The assessment of the additional information by the rapporteur Member State was submitted to the Authority in the format of an updated draft assessment report on 14 December 2017.

                     (5)

                     On 18 April 2018, the Authority communicated to the applicant, the Member States and the Commission its conclusion (2) on whether the active substance Bacillus subtilis strain IAB/BS03 can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Authority made its conclusion available to the public.

                     (6)

                     On 12 December 2018, the Commission presented to the Standing Committee on Plants, Animals, Food and Feed the review report for Bacillus subtilis strain IAB/BS03 and a draft Regulation providing that Bacillus subtilis strain IAB/BS03 is approved.

                     (7)

                     The applicant was given the possibility to submit comments on the review report.

                     (8)

                     It has been established with respect to one or more representative uses of at least one plant protection product containing the active substance, and in particular the uses which were examined and detailed in the review report, that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied.

                     (9)

                     It is therefore appropriate to approve Bacillus subtilis strain IAB/BS03.

                     (10)

                     The Commission considers that Bacillus subtilis strain IAB/BS03 is a low-risk active substance pursuant to Article 22 of Regulation (EC) No 1107/2009. Bacillus subtilis strain IAB/BS03 is not a substance of concern and fulfils the conditions set in point 5 of Annex II to Regulation (EC) No 1107/2009.

                     (11)

                     It is therefore appropriate to approve Bacillus subtilis strain IAB/BS03 as a low-risk substance for a period of 15 years.

                     (12)

                     In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is necessary to provide for certain conditions.

                     (13)

                     In accordance with Article 13(4) of Regulation (EC) No 1107/2009, Commission Implementing Regulation (EU) No 540/2011 (3) should be amended accordingly.

                     (14)

                     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
            Approval of the active substance
            The active substance Bacillus subtilis strain IAB/BS03, as specified in Annex I, is approved subject to the conditions laid down in that Annex.

            Article 2
            Amendments to Implementing Regulation (EU) No 540/2011
            Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II 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 September 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 309, 24.11.2009, p. 1.

            (2)  EFSA (European Food Safety Authority), 2018. Conclusion on the peer review of the pesticide risk assessment of the active substance Bacillus subtilis strain IAB/BS03. EFSA Journal 2018;16(6):5261. DOI:10.2903/j.efsa.2018.5261.

            (3)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

            ANNEX I

                        Common Name, Identification Numbers

                        IUPAC Name

                        Purity (1)

                        Date of approval

                        Expiration of approval

                        Specific provisions

                           Bacillus subtilis strain IAB/BS03
                        Accession number in the Spanish Type Culture Collection (CECT), Spain: CECT 7254
                        Accession number in the German Type Culture Collection (DSMZ), Germany: DSM 24682

                        Not applicable

                        Minimum concentration:
                        1 × 1013 CFU/kg
                        Maximum concentration:
                        5 × 1013 CFU/kg

                        20 October 2019

                        20 October 2034

                        For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on Bacillus subtilis strain IAB/BS03, and in particular Appendices I and II thereof, shall be taken into account.
                        In this overall assessment Member States shall pay particular attention to:

                                    a)

                                    the specification of the technical material as commercially manufactured used in plant protection products, including full characterisation of relevant secondary metabolites;

                                    b)

                                    the protection of operators and workers, taking into account that microorganisms are per se considered as potential sensitisers, and ensuring that adequate personal protective equipment is included as a condition of use.

                              Strict maintenance of environmental conditions and quality control analysis during the manufacturing process shall be assured by the producer, in order to ensure the fulfilment of the limits on microbiological contamination as referred to in OECD Issue Paper on Microbial Contaminant Limits for Microbial Pest Control Products, contained in the Working Document SANCO/12116/2012 (2).
                        Conditions of use shall include risk mitigation measures, where appropriate.

               (1)  Further details on identity and specification of active substance are provided in the review report.

               (2)  https://ec.europa.eu/food/sites/food/files/plant/docs/pesticides_ppp_app-proc_guide_phys-chem-ana_microbial-contaminant-limits.pdf

            ANNEX II
            In Part D of the Annex to Implementing Regulation (EU) No 540/2011, the following entry is added:

                           ‘17

                              Bacillus subtilis strain IAB/BS03
                           Accession number in the Spanish Type Culture Collection (CECT), Spain: CECT 7254
                           Accession number in the German Type Culture Collection (DSMZ), Germany: DSM 24682

                           Not applicable

                           Minimum concentration:
                           1 × 1013 CFU/kg
                           Maximum concentration:
                           5 × 1013 CFU/kg

                           20 October 2019

                           20 October 2034

                           For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on Bacillus subtilis strain IAB/BS03, and in particular Appendices I and II thereof, shall be taken into account.
                           In this overall assessment Member States shall pay particular attention to:

                                       a)

                                       the specification of the technical material as commercially manufactured used in plant protection products, including full characterisation of relevant secondary metabolites;

                                       b)

                                       the protection of operators and workers, taking into account that microorganisms are per se considered as potential sensitisers, and ensuring that adequate personal protective equipment is included as a condition of use.

                                 Strict maintenance of environmental conditions and quality control analysis during the manufacturing process shall be assured by the producer, in order to ensure the fulfilment of the limits on microbiological contamination as referred to in OECD Issue Paper on Microbial Contaminant Limits for Microbial Pest Control Products, contained in the Working Document SANCO/12116/2012 (1).
                           Conditions of use shall include risk mitigation measures, where appropriate.

               (1)  https://ec.europa.eu/food/sites/food/files/plant/docs/pesticides_ppp_app-proc_guide_phys-chem-ana_microbial-contaminant-limits.pdf’


title: Commission Implementing Regulation (EU) 2019/1606 of 27 September 2019 concerning the non-renewal of the approval of the active substance methiocarb, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance.)

text:
                  30.9.2019

                  EN

                  Official Journal of the European Union

                  L 250/53

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1606
         of 27 September 2019
         concerning the non-renewal of the approval of the active substance methiocarb, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
         (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 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 20(1) and Article 78(2) thereof,
         Whereas:

                     (1)

                     Commission Directive 2007/5/EC (2) included methiocarb as an active substance in Annex I to Council Directive 91/414/EEC (3).

                     (2)

                     Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4).

                     (3)

                     The approval of the active substance methiocarb, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 31 July 2020.

                     (4)

                     An application for the renewal of the approval of methiocarb was submitted in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) within the time period provided for in that Article.

                     (5)

                     The applicant submitted the supplementary dossiers required in accordance with Article 6 of Implementing Regulation (EU) No 844/2012. The application was found to be complete by the rapporteur Member State.

                     (6)

                     The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (‘the Authority’) and the Commission on 13 July 2017.

                     (7)

                     The Authority communicated the renewal assessment report to the applicant and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.

                     (8)

                     On 24 September 2018 the Authority communicated to the Commission its conclusion (6) on whether methiocarb can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented the draft renewal report for methiocarb to the Standing Committee on Plants, Animals, Food and Feed on 24 January 2019.

                     (9)

                     The Authority identified an unacceptable risk to workers, even when taking into account the use of personal protective equipment and a high risk to birds, mammals and earthworms. Furthermore, the Authority could not conduct the consumer risk assessment because the residue definition for risk assessment in plant commodities could not been finalised since the genotoxic potential of metabolite M01 could not be ruled out based on the available data.

                     (10)

                     The Commission invited the applicant to submit its comments on the conclusion of the Authority. Furthermore, in accordance with the third subparagraph of Article 14(1) of Implementing Regulation (EU) No 844/2012, the Commission invited the applicant to submit comments on the draft renewal report. The applicant submitted its comments, which have been carefully examined.

                     (11)

                     However, despite the arguments put forward by the applicant, the concerns regarding the active substance could not be eliminated.

                     (12)

                     Consequently, it has not been established with respect to one or more representative uses of at least one plant protection product that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied. It is therefore appropriate not to renew the approval of the active substance methiocarb in accordance with Article 20(1)(b) of that Regulation.

                     (13)

                     Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

                     (14)

                     Member States should be provided with sufficient time to withdraw authorisations for plant protection products containing methiocarb. Taking into account the risk identified for workers from loading and sowing the treated seeds and for birds, wild mammals, earthworms from treated seeds, for plant protection products containing methiocarb, where Member States grant any grace period in accordance with Article 46 of Regulation (EC) No 1107/2009, that period should at the latest, expire on 3 April 2020.

                     (15)

                     Commission Implementing Regulation (EU) 2019/707 (7) extended the approval period of methiocarb to 31 July 2020 in order to allow the renewal process to be completed before the expiry of the approval of that substance. However, given that a decision on the non-renewal of the approval is taken ahead of that extended expiry date, this Regulation should apply as soon as possible.

                     (16)

                     This Regulation does not prejudice the submission of a further application for the approval of methiocarb in accordance with Article 7 of Regulation (EC) No 1107/2009.

                     (17)

                     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
            Non-renewal of the approval of the active substance
            The approval of the active substance methiocarb is not renewed.

            Article 2
            Amendment to Implementing Regulation (EU) No 540/2011
            In Part A of the Annex to Implementing Regulation (EU) No 540/2011, row 148, on methiocarb, is deleted.

            Article 3
            Transitional measures
            Member States shall withdraw authorisations for plant protection products containing methiocarb as active substance by 3 January 2020 at the latest.

            Article 4
            Grace period
            Any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall be as short as possible and shall expire by 3 April 2020, at the latest.

            Article 5
            Entry into force and application
            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, 27 September 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 309, 24.11.2009, p. 1.

            (2)  Commission Directive 2007/5/EC of 7 February 2007 amending Council Directive 91/414/EEC to include captan, folpet, formetanate and methiocarb as active substances (OJ L 35, 8.2.2007, p. 11).

            (3)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

            (4)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

            (5)  Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

            (6)  EFSA (European Food Safety Authority), 2018. Conclusion on the peer review of the pesticide risk assessment of the active substance methiocarb EFSA Journal 2018;16(10):5429.

            (7)  Commission Implementing Regulation (EU) 2019/707 of 7 May 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances alpha-cypermethrin, beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, desmedipham, dimethoate, dimethomorph, diuron, ethephon, etoxazole, famoxadone, fenamiphos, flumioxazine, fluoxastrobin, folpet, foramsulfuron, formetanate, metalaxyl-m, methiocarb, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole, s-metolachlor and tebuconazole (OJ L 120, 8.5.2019, p. 16).


title: Commission Implementing Regulation (EU) 2019/1607 of 27 September 2019 amending Implementing Regulation (EU) 2016/1239 as regards the applicable closing dates for the submission of licence applications

text:
                  30.9.2019

                  EN

                  Official Journal of the European Union

                  L 250/56

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1607
         of 27 September 2019
         amending Implementing Regulation (EU) 2016/1239 as regards the applicable closing dates for the submission of licence applications
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 178(b) thereof,
         Whereas:

                     (1)

                     Commission Implementing Regulation (EU) 2016/1239 (2) lays down common provisions as regards the application for and the issue of import and export licences for agricultural products. It contains provisions on the deadlines for licence applications and requests for cancellation. In particular, it contains provisions for cases in which that Regulation sets a period for procedures, in order to determine the opening or closing dates for that period where those dates fall on a Saturday, Sunday or public holiday.

                     (2)

                     To facilitate tariff quota management across the Union, it is necessary to ensure that all agricultural tariff quotas managed by licences are subject to the same rules establishing deadlines for licence applications.

                     (3)

                     Applicants should be able to lodge the licence applications regardless of public holidays in the Member States. Currently, closing dates for licence applications falling on a Saturday, Sunday or public holiday are determined differently, depending on whether the application period is defined by reference to a specified date or the length of that period. For the latter case, Article 3(4) of Council Regulation (EEC, Euratom) No 1182/71 (3) provides that if the period ends on a Saturday, Sunday or public holiday, the closing date for application is the working day following that Saturday, Sunday or public holiday. In accordance with Article 5 of that Regulation, where the application period is defined by reference to a specified date, it ends on the last hour of the closing date. This means that, in the absence of a specific provision for cases where the closing date of application periods defined by reference to a specified date ends on a Saturday, Sunday or public holiday, applications would have to be submitted by the last working day preceding the Saturday, Sunday or public holiday in such cases.

                     (4)

                     To avoid uncertainty about the relevant closing date, the closing dates for the submission of licence applications that fall on a Saturday, Sunday or public holiday should be advanced in all cases, irrespective of whether the application period is defined by reference to a specified date or the length of that period. In addition, Member States that want to provide for the necessary working arrangements allowing the submission of licence applications on a Saturday, Sunday or public holiday should be allowed to do so. For such cases, in order to ensure transparency in the management of licence applications, rules should be laid down to ensure that applicants are informed about such arrangements.

                     (5)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Article 3(3) of Implementing Regulation (EU) 2016/1239 is amended as follows:

                        (1)

                        point (b) is replaced by the following:

                                    ‘(b)

                                    by way of derogation from Article 3(2)(b) and (4) of that Regulation, the applicable closing date shall be the last working day preceding the Saturday, Sunday or public holiday and shall end at 13.00 hours Brussels time. However, in respect of applications for a licence Member States may decide to provide for the necessary working arrangements to allow their submission on a Saturday, Sunday or public holiday. In that case, the applicable closing date shall be the given Saturday, Sunday or public holiday and shall end at 13.00 hours Brussels time. Where a Member State decides to provide for such working arrangements, it shall publish them.’;

                        (2)

                        the following second subparagraph is added:
                        ‘Point (b) of the first subparagraph shall also apply where the applicable closing date is defined by reference to a specified date and that date falls on a Saturday, Sunday or public holiday.’

            Article 2
            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 September 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 347, 20.12.2013, p. 671.

            (2)  Commission Implementing Regulation (EU) 2016/1239 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the system of import and export licences (OJ L 206, 30.7.2016, p. 44).

            (3)  Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1).


title: Commission Implementing Regulation (EU) 2019/1682 of 2 October 2019 registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council Ямболска гроздова ракия/Гроздова ракия от Ямбол/Yambolska grozdova rakya/Grozdova rakya ot Yambol

text:
                  9.10.2019

                  EN

                  Official Journal of the European Union

                  L 258/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1682
         of 2 October 2019
         registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council ‘Ямболска гроздова ракия/Гроздова ракия от Ямбол/Yambolska grozdova rakya/Grozdova rakya ot Yambol’
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (1), and in particular Article 30(2) thereof,
         Whereas:

                     (1)

                     Pursuant to Article 17(5) of Regulation (EC) No 110/2008 of the European Parliament and of the Council (2), the Commission examined Bulgaria’s application of 7 January 2014 for the registration of the geographical indication ‘Ямболска гроздова ракия/Гроздова ракия от Ямбол/Yambolska grozdova rakya/Grozdova rakya ot Yambol’.

                     (2)

                     After concluding that the application complied with Regulation (EC) No 110/2008, the Commission published the main specifications of the technical file in the Official Journal of the European Union (3) as required by Article 17(6) of that Regulation.

                     (3)

                     No statement of objection has been received by the Commission under Article 17(7) of Regulation (EC) No 110/2008.

                     (4)

                     Regulation (EU) 2019/787, which replaces Regulation (EC) No 110/2008, entered into force on 25 May 2019. In accordance with Article 49(1) of that Regulation, Chapter III of Regulation (EC) No 110/2008 on geographical indications is repealed with effect from 8 June 2019. The Protection Regulation should therefore be adopted in accordance with the new Regulation.

                     (5)

                     The indication ‘Ямболска гроздова ракия/Гроздова ракия от Ямбол/Yambolska grozdova rakya/Grozdova rakya ot Yambol’ should therefore be registered as a geographical indication,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The geographical indication ‘Ямболска гроздова ракия/Гроздова ракия от Ямбол/Yambolska grozdova rakya/Grozdova rakya ot Yambol’ is hereby entered in the register. Pursuant to Article 30(4) of Regulation (EU) 2019/787, this Regulation confers on the name ‘Ямболска гроздова ракия/Гроздова ракия от Ямбол/Yambolska grozdova rakya/Grozdova rakya ot Yambol’ the protection referred to in Article 21 of Regulation (EU) 2019/787.

            Article 2
            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, 2 October 2019.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

            (1)  OJ L 130, 17.5.2019, p. 1.

            (2)  Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).

            (3)  OJ C 435, 3.12.2018, p. 5.


title: Commission Implementing Regulation (EU) 2019/1692 of 9 October 2019 on the application of certain registration and data-sharing provisions of Regulation (EC) No 1907/2006 of the European Parliament and of the Council after the expiry of the final registration deadline for phase-in substances (Text with EEA relevance)

text:
                  10.10.2019

                  EN

                  Official Journal of the European Union

                  L 259/12

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1692
         of 9 October 2019
         on the application of certain registration and data-sharing provisions of Regulation (EC) No 1907/2006 of the European Parliament and of the Council after the expiry of the final registration deadline for phase-in substances
         (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 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular Article 132 thereof,
         Whereas:

                     (1)

                     In order to avoid overloading authorities and natural or legal persons with the work arising from the registration of substances that were already on the internal market when Regulation (EC) No 1907/2006 entered into force, Article 23 of that Regulation established a transitional regime for phase-in substances. Consequently, a number of different transitional deadlines for the registration of such substances were laid down. It follows from Article 23(3) of that Regulation that the final registration deadline in that transitional regime expired on 1 June 2018.

                     (2)

                     In order to ensure equality between market operators manufacturing or placing on the market phase-in and non-phase-in substances, it is necessary to specify the applicability, after the expiry of the transitional regime, of provisions that laid down favourable conditions for the registration of phase-in substances. Therefore, for those provisions, an appropriate, reasonable and clear cut-off date should be set, after which those provisions should either no longer apply or only apply in specific circumstances.

                     (3)

                     Article 3(30) of Regulation (EC) No 1907/2006 sets conditions for the calculation of the quantities per year of phase-in substances based on the average production or import volumes for the three preceding calendar years. In order to ensure that market operators have sufficient time to make the necessary adjustments to their calculation methods, those conditions should, as a first measure, continue to apply until the specified cut-off date. To take into account the definition of ‘per year’ in Article 3(30) of Regulation (EC) No 1907/2006, it is appropriate to set the cut-off date at the end of this calendar year (31 December 2019).

                     (4)

                     In line with the legislator’s intent to reduce the possible impact of registration obligations on low volume substances, Article 12(1)(b) of Regulation (EC) No 1907/2006 lays down less stringent information requirements for the registration of certain low volume phase-in substances, provided that they do not meet the criteria in Annex III to Regulation (EC) No 1907/2006. Pursuant to Article 23(3) of that Regulation, those low volume phase-in substances needed to be registered by the deadline for registration on 1 June 2018. However after this deadline, to ensure equal treatment for registrants that join a registration or update their dossiers in accordance with Article 12(1)(b), that provision should, as a second measure, continue to apply after 1 June 2018.

                     (5)

                     On 1 June 2018, the formal operation of substance information exchange fora (SIEFs) ceased. However, as a third measure, the continuing data-sharing obligations of registrants should be reinforced and registrants should be encouraged to use similar informal communication platforms to enable them to meet their continuing registration and data-sharing obligations under both Regulation (EC) No 1907/2006 and Commission Implementing Regulation (EU) 2016/9 (2).

                     (6)

                     It is appropriate to set out, as a fourth measure, that a potential registrant who pre-registered a phase-in substance in accordance with Article 28 of Regulation (EC) No 1907/2006 should, until the specified cut-off date, not be required to follow the inquiry process set out in Article 26 of that Regulation because the objective of the inquiry process has already been fulfilled through the pre-registration.

                     (7)

                     It is necessary to ensure that data-sharing dispute processes are clearly identifiable. The data-sharing rules set out in Article 30 of Regulation (EC) No 1907/2006 should therefore continue to apply until the specified cut-off date. After that cut-off date, only the data-sharing rules in Articles 26 and 27 of that Regulation should apply.

                     (8)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 133 of Regulation (EC) No 1907/2006,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Calculation of quantities of phase-in substances
            The specific method for calculating quantities per year of phase-in substances, as set out in Article 3(30) of Regulation (EC) No 1907/2006, shall continue to apply only until 31 December 2019. Once a registrant has completed the registration of a substance, that registrant shall subsequently calculate his quantity of that substance per calendar year in accordance with Article 3(30) of Regulation (EC) No 1907/2006.

            Article 2
            Registration requirements for certain low volume phase-in substances
            The expiry of the transitional regime for phase-in substances in Regulation (EC) No 1907/2006 shall not affect the applicability of Article 12(1)(b) of that Regulation.

            Article 3
            Data-sharing obligations after registration
            After registering a substance, registrants, including those who jointly submit data with other registrants, shall continue to fulfil their data-sharing obligations in a fair, transparent and non-discriminatory way as specified in Title III of Regulation (EC) No 1907/2006 and in Implementing Regulation (EU) 2016/9. In that context, registrants may use informal communication platforms similar to the substance information exchange fora referred to in Article 29 of Regulation (EC) No 1907/2006.

            Article 4
            Duty to inquire and sharing of data for phase-in substances

               1.   Where data-sharing negotiations conducted in accordance with Article 30 of Regulation (EC) No 1907/2006 result in failure to reach an agreement, the provisions of that Article shall apply only until 31 December 2019.

               2.   After 31 December 2019, pre-registrations made in accordance with Article 28 of Regulation (EC) No 1907/2006 shall no longer be valid and Articles 26 and 27 shall apply to all phase-in substances.

            Article 5
            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, 9 October 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 396 30.12.2006, p. 1.

            (2)  Commission Implementing Regulation (EU) 2016/9 of 5 January 2016 on joint submission of data and data-sharing in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (OJ L 3, 6.1.2016, p. 41).


title: Commission Implementing Regulation (EU) 2019/1839 of 31 October 2019 amending Implementing Regulation (EU) 2017/1152 as regard the determination and reporting of WLTP CO2 values for certain categories of new light commercial vehicles and adjusting the input data for the correlation tool (Text with EEA relevance)

text:
                  4.11.2019

                  EN

                  Official Journal of the European Union

                  L 282/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1839
         of 31 October 2019
         amending Implementing Regulation (EU) 2017/1152 as regard the determination and reporting of WLTP CO2 values for certain categories of new light commercial vehicles and adjusting the input data for the correlation tool
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union’s integrated approach to reduce CO2 emissions from light-duty vehicles (1), and in particular the first subparagraph of Article 8(9) and the third subparagraph of Article 13(6) thereof,
         Whereas:

                     (1)

                     Light commercial vehicles for which type-approvals have been granted pursuant to Regulation (EC) No 595/2009 of the European Parliament and of the Council (2) and extended pursuant to the fourth paragraph of Article 2 of that Regulation may be placed on the market in 2020, and as end-of-series vehicles until June 2022, with CO2 emission values determined in accordance with the New European Drive Cycle (NEDC).

                     (2)

                     Those vehicles should, however, be adequately accounted for in the calculation of the specific CO2 emission targets applicable to manufacturers from 2021 to 2024, and for verifying compliance with those targets in the years 2021 and 2022 in accordance with points 1 to 5 of Part B of Annex I to Regulation (EU) 2019/631 of the European Parliament and of the Council (3).

                     (3)

                     Commission Implementing Regulation (EU) 2017/1152 (4) provides a methodology for the correlation of NEDC CO2 emission values and those determined in accordance with the Worldwide Harmonised Light Vehicle Test Procedure (WLTP) as set out in Commission Regulation (EU) 2017/1151 (5). It is therefore appropriate to clarify in Regulation (EU) 2017/1152 which WLTP CO2 emission values should be attributed to this specific group of light commercial vehicles, with a view to ensuring that those values take into account the CO2 emission values that are to be determined for this group of vehicles from 1 January 2021 in accordance with Annex VIII to Commission Regulation (EU) No 582/2011 (6).

                     (4)

                     Regulation (EU) 2019/631 provides that the EU fleet-wide CO2 emission targets for new light commercial vehicles for 2025 and 2030 are to be calculated on the basis of the CO2 emissions measured in accordance with Regulation (EU) 2017/1151 for new light commercial vehicles registered in 2020 (hereinafter ‘measured CO2 emission values’).

                     (5)

                     Implementing Regulation (EU) 2017/1152 sets out rules about the calculation and reporting by manufacturers of those measured CO2 emission values. It is, however, necessary to further specify how those values are to be determined, in particular, as regards Not-Off-Vehicle Charging Hybrid Electric Vehicles (NOVC-HEV) and Off-Vehicle Charging Hybrid Electric Vehicles (OVC-HEV).

                     (6)

                     It should also be clarified how the measured CO2 emission values are to be determined where several CO2 emissions tests are performed for the purpose of type-approval.

                     (7)

                     The correlation of the CO2 emissions of NOVC-HEVs and OVC-HEVs should be performed on the basis of physical vehicle tests and not on the basis of simulations performed by the correlation tool, due to the complexity of adapting the correlation tool to take into account such vehicle technologies. In order to ensure effective verification of the correlation results, technical test data relating to those vehicles should be provided to the Commission in the same way as for conventional vehicles.

                     (8)

                     Implementing Regulation (EU) 2017/1152 should therefore be amended accordingly.

                     (9)

                     The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Implementing Regulation (EU) 2017/1152 is amended as follows:

                        (1)

                        in Article 3(1), point (d) is replaced by the following:

                                    ‘(d)

                                    with regard to end-of-series vehicles referred to in Article 27 of Directive 2007/46/EC, and to N1 vehicles with a reference mass between 2 380 kg and 2 610 kg for which the type-approvals granted pursuant to Regulation (EC) No 595/2009, in respect of their engines, have been extended in accordance with the fourth paragraph of Article 2 of that Regulation (‘HDV-derived N1 vehicles’), the measured NEDC CO2 values, and, where available, NEDC CO2 values.’;

                        (2)

                        Article 4 is amended as follows:

                                    (a)

                                    the following paragraph 1a is added:

                                       ‘1a.   With regard to HDV-derived N1 vehicles registered in 2020 for which CO2 emission values have been determined in accordance with UNECE Regulation No 101 as referred to in Annex VIII to Regulation (EU) No 582/2011 in its version of 31 January 2014, the following shall apply:

                                                   (a)

                                                   Where an extension of the type approval pursuant to Regulation (EC) No 595/2009 has been granted by 31 December 2020 and a WLTP CO2 value has been determined in accordance with Regulation (EU) 2017/1151 in conjunction with Annex VIII to Regulation (EU) No 582/2011, that WLTP CO2 value shall be attributed to the HDV-derived N1 vehicle registered in 2020, if the type, variant and version code of that vehicle is the same as that recorded in the type approval certificate of the type approval extension in question.
                                                   The manufacturer shall by 28 February 2021 submit the following information to the Commission with regard to each vehicle covered by this point:

                                                               (i)

                                                               Vehicle identification number;

                                                               (ii)

                                                               Type, variant and version code;

                                                               (iii)

                                                               Type approval number, including the extension number;

                                                               (iv)

                                                               A copy of the type approval certificate.

                                                   (b)

                                                   Where the type approval pursuant to Regulation (EC) No 595/2009 is not extended by 31 December 2020, the following WLTP CO2 value shall be attributed to each HDV-derived N1 vehicle concerned:
                                                   Where,

                                                               NEDCind

                                                               is the measured NEDC CO2 value in 2020 of the individual vehicle;

                                                               NEDC2020

                                                               is the average specific emissions of CO2 in 2020 of the manufacturer determined in accordance with this Regulation, calculated in accordance with the second indent of Article 4(3) of Regulation (EU) 2019/631, and without including CO2 savings resulting from the application of Article 11 of that Regulation;

                                                               WLTP2020

                                                               is the average specific emissions of CO2 in 2020 of the manufacturer determined in accordance with Regulation (EU) 2017/1151 or in accordance with point (a) of this paragraph, calculated in accordance with the second indent of Article 4(3) of Regulation (EU) 2019/631, and without including CO2 savings resulting from the application of Article 11 of that Regulation.

                                                         NEDC2020 and WLTP2020 shall only include those vehicles with a WLTP CO2 value determined in accordance with Regulation (EU) 2017/1151 or with point (a) of this paragraph.
                                                   The manufacturer shall by 28 February 2021 submit to the Commission a copy of the certificate of conformity of each vehicle covered by this point.

                                             Where the manufacturer does not provide the information and documents referred to in points (a) and (b), the WLTP CO2 value of the vehicles concerned shall be attributed as set out in paragraph 2(a) of this Article.’

                                    (b)

                                    Paragraph 2 is amended as follows:

                                                (i)

                                                the introductory subparagraph is replaced by the following:
                                                ‘With regard to end-of-series vehicles that have not been type approved in accordance with Commission Regulation (EU) 2017/1151 but are registered in 2020, the following WLTP CO2 values shall be attributed to each registered vehicle:’

                                                (ii)

                                                the following subparagraph is added:
                                                ‘With regard to end-of-series vehicles registered in 2021 and 2022, the WLTP CO2 values to be attributed to each of those vehicles shall be those determined in accordance with paragraph 1a(b) of this Article.’

                        (3)

                        Article 6a is amended as follows:

                                    (a)

                                    the first subparagraph of paragraph 1 is replaced by the following:
                                    ‘Manufacturers shall calculate the combined, or where applicable weighted combined CO2 emissions, determined as MCO2,
                                       measured, for each light commercial vehicle registered in 2020 in accordance with the following:

                                                (a)

                                                For pure internal combustion engine vehicles:
                                                the equation for calculating MCO2-ind set out in the second subparagraph of paragraph 3.2.3.2.4. of Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151, where the terms MCO2-H and MCO2-L shall, for the interpolation family concerned, be replaced by the values MCO2,C,5 (combined) taken from the entries 2.5.1.1.3. (vehicle H) and 2.5.1.2.3. (vehicle L) of the EC type-approval certificate, as indicated in the model set out in Appendix 4 to Annex I to Regulation (EU) 2017/1151;

                                                (b)

                                                For Not-Off-Vehicle Charging Hybrid Electric Vehicles (NOVC-HEV):
                                                the equation: MCO2-measured = MCO2-L,C,5 + Kind x (MCO2-H,C,5 – MCO2-L,C,5)
                                                Where,

                                                            MCO2-L,C,5

                                                            is the value MCO2,C,5 (combined) for the interpolation family concerned, taken from entry 2.5.1.2.3 of the EC type-approval certificate, as indicated in the model set out in Appendix 4 to Annex I to Regulation (EU) 2017/1151;

                                                            Kind

                                                            is the interpolation coefficient for the considered individual vehicle for the applicable WLTP test cycle as specified in paragraph 4.5.3 of Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151;

                                                            MCO2-H,C,5

                                                            is the value MCO2,C,5 (combined) for the interpolation family concerned, taken from entry 2.5.1.1.3 of the EC type-approval certificate, as indicated in the model set out in Appendix 4 to Annex I to Regulation (EU) 2017/1151.

                                                (c)

                                                For Off-Vehicle Charging Hybrid Electric Vehicles (OVC-HEV):
                                                the equation: MCO2-measured = MCO2-L,C,5 + Kind x (MCO2-H,C,5 – MCO2-L,C,5)
                                                Where,

                                                            MCO2-L,C,5, MCO2-H,C,5

                                                            are, for the interpolation family concerned, determined in accordance with the formula set out in paragraph 4.1.3.1 of Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151, where the term Mi,CDj shall be replaced by the value MCO2,CD (combined) taken from the entry 2.5.3.2 for vehicle H and L, as applicable, of the EC type-approval certificate, and the term Mi,CS shall be replaced by the value MCO2,C,5 (combined) taken from entry 2.5.3.1 of the EC type-approval certificate for vehicle H, L, or M, as applicable;

                                                            Kind

                                                            is the interpolation coefficient for the considered individual vehicle for the applicable WLTP test cycle as defined in paragraph 4.5.3 of Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151.’

                                    (b)

                                    the following paragraph 1a is inserted:

                                       ‘1a.   Where more than one measurement is recorded in entries 2.5.1.1.3., 2.5.1.2.3., 2.5.3.1., or 2.5.3.2. of an EC type-approval certificate, the MCO2,C,5 or MCO2,CD values referred to in paragraph 1 shall for the purpose of this provision be determined as follows:

                                                   (a)

                                                   in the case of one measurement: the combined value recorded for Test 1;

                                                   (b)

                                                   in the case of two measurements: the average of the two combined values recorded for Tests 1 and 2;

                                                   (c)

                                                   in the case of three measurements: the average of the three combined values recorded for Tests 1, 2 and 3.’;

                        (4)

                        Annex I is amended as follows:

                                    (a)

                                    in point 2.1, the last sentence of the second paragraph is replaced by the following:
                                    ‘With regard to Not-Off-Vehicle Charging Hybrid Electric Vehicles (NOVC-HEV) and Off-Vehicle Charging Hybrid Electric Vehicles (OVC-HEV), the NEDC CO2 values to be used as a reference for the purpose of Section 3 shall be determined by way of physical vehicle tests instead of correlation tool simulations. The physical measurements shall be performed in accordance with the relevant provisions referring to physical vehicle tests set out in this Annex. The input data for the physical vehicle tests shall be determined and submitted to the type-approval authority or, where applicable, technical service, in accordance with point 2.4.’;

                                    (b)

                                    in point 2.2a, point (a) is replaced by the following:
                                    ‘(a) The correction of the WLTP test results for CO2 mass emissions in accordance with Appendix 2 to Sub-Annex 6 and Appendix 2 to Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151 shall apply to all such test results, notwithstanding the provisions in paragraph 3.4.4(a) of Appendix 2 to Sub-Annex 6 and paragraph 1.1.4(a) of Appendix 2 to Sub-Annex 8 to Annex XXI to that Regulation;’;

                                    (c)

                                    in point 2.4, table 1 is amended as follows:

                                                (i)

                                                in entry 24, the text in the second column under ‘Input parameters for the correlation tool’ is replaced by the words ‘Service battery capacity’;

                                                (ii)

                                                entries 38 to 41 are replaced by the following:

                                                            ‘38

                                                            WLTP CO2 value phase 1 (Charge-Sustaining value in case of NOVC and OVC-HEVs)

                                                            gCO2/km

                                                            Entry 2.1.1.2.1.
                                                            of Appendix 8a to Annex I of (EU) 2017/1151

                                                               Uncorrected measured value MCO2,p,1 of phase Low

                                                            39

                                                            WLTP CO2 value phase 2 (Charge-Sustaining value in case of NOVC and OVC-HEVs)

                                                            gCO2/km

                                                            Idem

                                                               Uncorrected measured value MCO2,p,1 of phase Medium

                                                            40

                                                            WLTP CO2 value phase 3 (Charge-Sustaining value in case of NOVC and OVC-HEVs)

                                                            gCO2/km

                                                            Idem

                                                               Uncorrected measured value MCO2,p,1 of phase High

                                                            41

                                                            WLTP CO2 value phase 4 (Charge-Sustaining value in case of NOVC and OVC-HEVs)

                                                            gCO2/km

                                                            Idem

                                                               Uncorrected measured value MCO2,p,1 of phase Extra-High’

                                                (iii)

                                                in entry 60, the text in the second column under ‘Input parameters for the correlation tool’ is replaced by the words ‘WLTP Alternator (DC/DC converter — low voltage side — in case of NOVC and OVC-HEVs) Current’;

                                                (iv)

                                                in entry 61, the text in the second column under ‘Input parameters for the correlation tool’ is replaced by the words ‘Service battery current’;

                                                (v)

                                                entry 75 is deleted;

                                                (vi)

                                                entry 77 is replaced by the following:

                                                            ‘77

                                                            WLTP CO2 measured corrected (Charge-Sustaining value in case of NOVC and OVC-HEVs) for vehicle H and/or L

                                                            g/km

                                                            Entry 2.1.1.2.1 of Appendix 8a to Annex I of (EU) 2017/1151

                                                               Combined measured CO2 emissions for vehicle H and L after all applicable corrections, MCO2,C,5
                                                               . In case of 2 and 3 WLTP tests all measured results shall be provided (except for NOVC and OVC-HEVs where only final type-approval value shall be provided).’

                                                (vii)

                                                the following entries 79 to 101 are added:

                                                            ‘79

                                                            WLTP Charge-depleting CO2 results (combined)

                                                            gCO2/km

                                                            2.5.3.2 of Appendix 4 to Annex I to Regulation (EU) 2017/1151

                                                               Combined charge depleting CO2 mass emissions MCO2,CD (average values in case of 2 and 3 tests) for the Type I test as calculated according to paragraph 4.1.2 of Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151(OVC-HEV only)

                                                            80

                                                            WLTP utility factor-weighted combined CO2 emission (measured)

                                                            gCO2/km

                                                            Calculated according to paragraph 4.1.3.1 of Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151

                                                               Calculated weighted combined results (measured) as described in Article 7a(1)(c) of this Regulation (OVC-HEV only)

                                                            81

                                                            WLTP utility factor-weighted combined CO2 emission (declared)

                                                            gCO2/km

                                                            Entry 2.5.3.3 of the EC type-approval certificate

                                                               Calculated weighted combined results (declared) taken from entry 2.5.3.3 of the EC type-approval certificate (OVC-HEV only)

                                                            82

                                                            WLTP Equivalent all electric range (EAER) combined

                                                            km

                                                            Entry 2.5.3.7.2 (EAER) of the EC type-approval certificate

                                                               Combined Equivalent all Electric Range (EAER) (OVC-HEV only)

                                                            83

                                                            Index number of the transition cycle

                                                            —

                                                            Entry 2.1.1.4.1.4 of Appendix 8a to Annex I to Regulation (EU) 2017/1151

                                                               for OVC-HEV indicate the index number of the transition cycle

                                                            84

                                                            Relative electric energy change REECi of each charge-depleting test

                                                            —

                                                            Calculated according to paragraph 3.2.4.5.2 of Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151

                                                               Indicate REECi of each CD test

                                                            85

                                                            NEDC Charge- Sustaining CO2 emission (declared, Condition B)

                                                            gCO2/km

                                                            Information document (Appendix 3 of Annex I to Regulation (EU) 2017/1151)
                                                            (for NOVC-HEV entry 3.5.7.2.1; for OVC-HEV entry 3.5.7.2.2)

                                                               OEM declaration

                                                               for NOVC-HEV: Declared combined NEDC CO2 value; For OVC-HEV: Declared combined charge sustaining CO2 mass emission (NEDC condition B).

                                                            86

                                                            NEDC Charge- Depleting CO2 emission (declared, Condition A)

                                                            gCO2/km

                                                            Information document, (entry 3.5.7.2.3 of Appendix 3 of Annex I to Regulation (EU) 2017/1151)

                                                               Combined CD CO2 emission, OEM declaration (only OVC-HEV)

                                                            87

                                                            NEDC weighted-combined CO2 emission (declared)

                                                            gCO2/km

                                                            OEM declaration

                                                               OEM declaration (only OVC-HEV)

                                                            88

                                                            NEDC electric range for OVC-HEV (declared)

                                                            km

                                                            OEM declaration

                                                               OEM declaration (only OVC-HEV)

                                                            89

                                                            KCO2 factor for charge sustaining mode correction

                                                            (g/km)/(Wh/km)

                                                            paragraph 2.3.2 of Appendix 2 of Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151

                                                               RCB CO2 mass emission correction coefficient for NOVC and OVC-HEV

                                                            90

                                                            Hybrid Vehicle Configuration (P0, P1, P2, P2 planetary, P3, or P4) (***)

                                                            —

                                                               Does the vehicle have an electric machine used for vehicle propulsion and electric energy generation in P0, P1, P2, P2 planetary, P3, or P4 position, or a combination thereof?

                                                               OEM declaration

                                                            91

                                                            Maximum power output of each electric machine (P0, P1, P2, P2 planetary, P3, or P4) (***)

                                                            kW

                                                            Point 3.3.1.1.1 of Appendix 3 of Annex I to Regulation (EU) 2017/1151

                                                               OEM declaration

                                                            92

                                                            Maximum torque output of each electric machine (P0, P1, P2, P2 planetary, P3, or P4) (***)

                                                            Nm

                                                               OEM declaration

                                                            93

                                                            For each electric machine, the ratio between the electric machine rotational speed and the reference rotational speed (P0, P1, P2, P2 planetary, P3, or P4) (***)

                                                            —

                                                               OEM declaration

                                                            94

                                                            Traction REESS capacity

                                                            Ah

                                                            Point 3.3.2.3 of Appendix 3 of Annex I to Regulation (EU) 2017/1151

                                                               OEM declaration

                                                            95

                                                            Traction REESS current

                                                            A

                                                            Appendix 3 of Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151

                                                               20Hz time-series values used for the test(s) resampled to 1Hz

                                                            96

                                                            Traction REESS technology type

                                                            —

                                                            Point 1.1.10 of Appendix 8a of Annex I to Regulation (EU) 2017/1151

                                                               OEM declaration

                                                            97

                                                            Traction REESS initial state of charge

                                                            %

                                                               OEM declaration

                                                            98

                                                            Number of REESS cells

                                                            Point 3.3.2.1 of Appendix 3 of Annex I to Regulation (EU) 2017/1151

                                                               OEM declaration

                                                            99

                                                            Traction REESS voltage nominal/time-series

                                                            V

                                                            Appendix 3 of Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151

                                                               Nominal or time-series values used for the test (20Hz minimum)

                                                            100

                                                            Engine-idle coasting function

                                                            —

                                                            Y/N

                                                               Does the vehicle have the engine idle coasting function (allow the engine to idle during vehicle coasting in order to save fuel)?

                                                            101

                                                            Engine-off coasting function

                                                            —

                                                            Y/N

                                                               Does the vehicle have the engine-off coasting function (allow the engine to switch off during vehicle coasting in order to save fuel)?

                                    (d)

                                    in the second paragraph of point 4.2.1.4.2, the following sentence is added:
                                    ‘In the case of point (d), where the road load coefficients for the road load matrix family have been determined in accordance with point 2.3.8.2.1(a), the road load coefficients for the individual vehicle may be determined in accordance with the formulae set out in the second paragraph of point 4.2.1.5.’.

            Article 2
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            Point (4)(c) of Article 1 shall apply from 1 January 2020.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 31 October 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 145, 31.5.2011, p. 1.

            (2)  Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1).

            (3)  Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).

            (4)  Commission Implementing Regulation (EU) 2017/1152 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure with regard to light commercial vehicles and amending Implementing Regulation (EU) No 293/2012 (OJ L 175, 7.7.2017, p. 644).

            (5)  Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1–643).

            (6)  Commission Regulation (EU) No 582/2011 of 25 May 2011 implementing and amending Regulation (EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy duty vehicles (EuroVI) and amending Annexes I and III to Directive 2007/46/EC of the European Parliament and of the Council (OJ L 167, 25.6.2011, p. 1).

            (***)  P0: the electric machine is connected to the engine transmission belt therefore has the engine speed as reference speed;
         P1: the electric machine is connected to the engine crankshaft therefore has the engine speed as reference speed;
         P2: the electric machine is mounted right upstream the transmission (gearbox or continuously variable transmission), therefore has the transmission input speed as reference speed;
         P2 planetary: the electric machine is connected to the gear of a planetary gearset that is not connected to the internal combustion engine or the final drive sides, here referred to as the planetary side. In this case the speed ratio to be specified is the ratio between the electric machine and planetary side rotational speed (reference speed) reflecting the speed multiplication/reduction effect of a reduction gear
         P3: the electric machine is right upstream the final drive of a driven axle therefore has the final drive input rotational speed as reference speed (this includes electric machines mounted on the gear of a planetary gearset on the final drive side). A vehicle can have up to two P3 machines (one for the front (P3a) and one for the rear (P3b) axle;
         P4: the electric machine is downstream the final drive, therefore has the wheel speed as reference speed. A vehicle can have up to four P4 motors (one for each wheel, where P4a indicates front wheels and P4b rear wheels).
         Further specifications of these inputs are to be provided in the input template for the correlation tool’;