title: Commission Implementing Regulation (EU) 2018/230 of 16 February 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Monor, Monori’ (PDO)

text:
               17.2.2018

               EN

               Official Journal of the European Union

               L 45/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/230
   of 16 February 2018
   conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Monor, Monori’ (PDO)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the Eurpean 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 99 thereof,
   Whereas:

               (1)

               In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Monor, Monori’ sent by Hungary and has published it in the Official Journal of the European Union
                   (2).

               (2)

               No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

               (3)

               In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Monor, Monori’ should be protected and entered in the register referred to in Article 104 of that Regulation.

               (4)

               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
   The name ‘Monor, Monori’ (PDO) is hereby protected.
   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, 16 February 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ C 329, 30.9.2017, p. 4.


title: Commission Implementing Regulation (EU) 2018/252 of 19 February 2018 on exceptional market support measures for the poultry sector in France

text:
               20.2.2018

               EN

               Official Journal of the European Union

               L 46/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/252
   of 19 February 2018
   on exceptional market support measures for the poultry sector in France
   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 220(1)(a) thereof,
   Whereas:

               (1)

               Between 1 December 2016 and 30 June 2017, numerous outbreaks of highly pathogenic avian influenza of subtype H5 were confirmed and notified by France. In total, 486 outbreaks were confirmed in France. The species affected are ducks, geese, turkeys, Guinea fowls, quails, and Gallus domesticus chicks, chickens, cockerels, capons, poulards, young hens and laying hens.

               (2)

               France immediately and efficiently took all the necessary animal health and veterinary measures required in accordance with Council Directive 2005/94/EC (2).

               (3)

               In particular, France took control, monitoring and preventive measures and established protection and surveillance zones (‘the regulated zones’) pursuant to Commission Implementing Decisions (EU) 2017/247 (3), (EU) 2017/417 (4), (EU) 2017/554 (5), (EU) 2017/696 (6), (EU) 2017/780 (7) and (EU) 2017/1139 (8). In order to control and prevent the spread of the disease, France imposed two sets of measures, the first being restrictions to movements of birds, prohibition of placing of birds and prolonged fallowing periods in poultry holdings in the regulated zones established following an outbreak of highly pathogenic avian influenza of subtype H5; and the second being the implementation, in the ducks and geese holdings located in the zones regulated on 31 March 2017, of a further extension of fallowing periods and a prohibition of placing of birds until 28 May 2017.

               (4)

               In applying those measures, France managed to contain and eradicate the spread of the disease. The Union and national animal health and veterinary measures were applied until 29 September 2017 in all relevant holdings.

               (5)

               France informed the Commission that the necessary health and veterinary measures, which had been applied to contain and eradicate the spread of the disease, had affected a very large number of operators and that those operators suffered income losses not eligible for Union financial contribution under Regulation (EU) No 652/2014 of the European Parliament and of the Council (9).

               (6)

               On 12 April, 3 August and 13 November 2017, the Commission received formal requests from France for part-financing of certain exceptional measures pursuant to Article 220(3) of Regulation (EU) No 1308/2013.

               (7)

               As a result of the animal health and veterinary measures applied, fallowing periods were prolonged, placing of birds was prohibited and movements were restricted on holdings of all types of poultry in the regulated zones established following outbreaks of highly pathogenic avian influenza of subtype H5. This concerned the following species: ducks, geese, turkeys, Guinea fowls, quails and Gallus domesticus chicks, chickens, cockerels, capons, poulards, young hens and laying hens. This led to a loss of production of poultry in these holdings. It is therefore appropriate to compensate these losses.

               (8)

               As a result of the animal health and veterinary measures applied, the placing of ducks and geese in all holdings located in the regulated zones was forbidden until 28 May 2017. This led to a loss of production of poultry meat in these ducks and geese holdings. It is therefore appropriate to compensate these losses.

               (9)

               In accordance with Article 220(5) of Regulation (EU) No 1308/2013, the Union part-financing has to be equivalent to 50 % of the expenditure borne by France for the exceptional market support measures. The maximum quantities eligible for financing in respect of each exceptional market support measure should be fixed by the Commission after scrutinising the request received from France.

               (10)

               To avoid any risk of overcompensation, the flat rate amount of part-financing should be based on technical and economic studies or accounting documents and fixed at an appropriate level for each animal and product according to the categories of animals produced in terms of species but also in terms of the production method, i.e. standard production, free range production, certified production under national scheme, certified production under the Label Rouge scheme, production covered by a Protected Geographical Indication (PGI), and, finally, in terms of the length of the supply chain, i.e. long supply chain for poultry producers who only produce live animals, short supply chain for poultry producers who produce live animals and transform them into processed products.

               (11)

               To avoid any risk of double funding, losses suffered should not have been compensated by state aid or insurance and the Union part-financing under this Regulation should be limited to eligible animals and products for which no Union financial contribution has been received under Regulation (EU) No 652/2014.

               (12)

               The extent and duration of the exceptional market support measures provided for in this Regulation should be limited to what is strictly necessary to support the market. In particular, the exceptional market support measures should apply only to the production of poultry in the holdings located in the regulated zones and for the duration of the animal health and veterinary measures laid down in the Union and French legislation relevant to the 486 outbreaks of highly pathogenic avian influenza confirmed between 1 December 2016 and 30 June 2017, and to the zones regulated on 31 March 2017.

               (13)

               To ensure flexibility in case the numbers of animals not produced and eligible for compensation differ from the maximum numbers set in this Regulation which are based on estimates, compensation may be adjusted within certain limits, as long as the maximum amount of expenditure part-financed by the Union is respected.

               (14)

               For the sake of a sound budgetary management of these exceptional market support measures, only those payments made by France to beneficiaries by 30 September 2018 at the latest, should be eligible for Union part-financing. Article 5(2) of Commission Delegated Regulation (EU) No 907/2014 (10) should not be applicable.

               (15)

               In order to ensure the eligibility and the correctness of the payments, France should carry out ex-ante checks.

               (16)

               To allow the Union to perform its financial control, France should communicate to the Commission the clearance of payments.

               (17)

               In order to ensure an immediate implementation of the measures laid down in this Regulation by France, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

               (18)

               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
   The Union shall provide part-financing equivalent to 50 % of the expenditure borne by France to support the market of poultry seriously affected by the 486 outbreaks of highly pathogenic avian influenza of subtype H5 which were detected and notified by France between 1 December 2016 and 30 June 2017.
   Article 2
   Expenditure borne by France shall be eligible for Union part-financing only:

               (a)

               for the duration of the application of animal health and veterinary measures referred to in Union and French legislation listed in the Annex; and

               (b)

               for those poultry holdings that have been subject to the animal health and veterinary measures and located in the zones referred to in Union and French legislation listed in the Annex (‘the regulated zones’); and

               (c)

               if it has been paid by France to the beneficiaries by 30 September 2018 at the latest. Article 5(2) of Delegated Regulation (EU) No 907/2014 shall not apply; and

               (d)

               if the animal or product, for the period referred to in paragraph a), has not benefitted from any compensation by means of state aid or insurance and for which no Union financial contribution has been received under Regulation (EU) No 652/2014.

         Article 3
   1.   The maximum level of Union part-financing shall be EUR 32 500 000, detailed as follows:

               (a)

               for loss of production of geese and ducks located in the regulated zones, the following flat rates shall apply per animal:

                           (i)

                           for producers with a short supply chain:

                                       —

                                       Mulard ducks starter covered by CN code 0105 99 10:
                                       EUR 0,24 per animal for a maximum of 420 877 animals,

                                       —

                                       Mulard ducks fattened covered by CN code 0105 99 10:
                                       EUR 1,13 per animal for a maximum of 469 483 animals,

                                       —

                                       Mulard ducks finished covered by CN code 0105 99 10:
                                       EUR 4,41 per animal for a maximum of 596 122 animals,

                                       —

                                       Mulard ducks covered by CN code 0105 99 10 whole carcases:
                                       EUR 2,20 per animal for a maximum of 624 494 animals,

                                       —

                                       Mulard ducks covered by CN code 0105 99 10 cut in pieces:
                                       EUR 4,275 per animal for a maximum of 434 960 animals,

                                       —

                                       Mulard ducks covered by CN code 0105 99 10 processed:
                                       EUR 19,055 per animal for a maximum of 152 038 animals,

                                       —

                                       Starter geese covered by CN code 0105 99 20:
                                       EUR 2,455 per animal for a maximum of 5 625 animals,

                                       —

                                       Geese covered by CN code 0105 99 20 whole carcases:
                                       EUR 10,595 per animal for a maximum of 9 832 animals,

                                       —

                                       Geese covered by CN code 0105 99 20 processed:
                                       EUR 23,33 per animal for a maximum of 3 004 animals,

                                       —

                                       Ducks covered by CN code 0105 99 10 for roasting:
                                       EUR 5,16 per animal for a maximum of 215 animals,

                                       —

                                       Geese covered by CN code 0105 99 20 for roasting:
                                       EUR 11,505 per animal for a maximum of 215 animals;

                           (ii)

                           for producers with a long supply chain:

                                       —

                                       Mulard ducks starter standard, PGI and Label Rouge covered by CN code 0105 99 10:
                                       EUR 0,24 per animal for a maximum of 7 681 851 animals,

                                       —

                                       Mulard ducks fattened standard covered by CN code 0105 99 10:
                                       EUR 0,515 per animal for a maximum of 456 754 animals,

                                       —

                                       Mulard ducks fattened PGI covered CN code 0105 99 10:
                                       EUR 0,68 per animal for a maximum of 6 464 618 animals,

                                       —

                                       Mulard ducks fattened Label Rouge covered by CN code 0105 99 10:
                                       EUR 0,81 per animal for a maximum of 724 618 animals,

                                       —

                                       Mulard ducks finished standard covered by CN code 0105 99 10:
                                       EUR 1,48 per animal for a maximum of 776 279 animals,

                                       —

                                       Mulard ducks finished PGI covered by CN code 0105 99 10:
                                       EUR 1,645 per animal for a maximum of 5 929 395 animals,

                                       —

                                       Mulard ducks finished Label Rouge covered by CN code 0105 99 10:
                                       EUR 2,63 per animal for a maximum of 633 228 animals,

                                       —

                                       Muscovy ducks standard covered by CN code 0105 99 10:
                                       EUR 0,48 per animal for a maximum of 104 958 animals,

                                       —

                                       Muscovy ducks certified covered by CN code 0105 99 10:
                                       EUR 0,585 per animal for a maximum of 215 animals,

                                       —

                                       Muscovy ducks Label Rouge covered by CN code 0105 99 10:
                                       EUR 0,625 per animal for a maximum of 215 animals,

                                       —

                                       Mallard ducks covered by CN code 0105 99 10:
                                       EUR 1,1325 per animal for a maximum of 2 000 animals,

                                       —

                                       Geese fattened covered by CN code 0105 99 20:
                                       EUR 2,855 per animal for a maximum of 26 572 animals,

                                       —

                                       Geese finished covered by CN code 0105 99 20:
                                       EUR 5,54 per animal for a maximum of 19 082 animals;

               (b)

               for loss of production of poultry other than ducks and geese located in the regulated zones, the following flat rates shall apply per animal and per day:

                           (i)

                           for producers with a short supply chain:

                                       —

                                       Chickens covered by CN code 0105 94 00, whole carcasses:
                                       EUR 0,02459 per animal and per day for a maximum of 178 319 animals,

                                       —

                                       Chickens covered by CN code 0105 94 00, cut in pieces:
                                       EUR 0,03776 per animal and per day for a maximum of 2 097 animals,

                                       —

                                       Chickens covered by CN code 0105 94 00, processed:
                                       EUR 0,086 per animal and per day for a maximum of 705 animals,

                                       —

                                       Guinea fowls covered by CN code 0105 99 50, whole carcasses:
                                       EUR 0,021335 per animal and per day for a maximum of 4 181 animals,

                                       —

                                       Guinea Fowls covered by CN code 0105 99 50, cut in pieces:
                                       EUR 0,032765 per animal and per day for a maximum 215 animals,

                                       —

                                       Turkeys covered by CN code 0105 99 30, whole carcasses:
                                       EUR 0,045895 per animal and per day for a maximum of 215 animals,

                                       —

                                       Turkeys covered by CN code 0105 99 30, cut in pieces:
                                       EUR 0,070485 per animal and per day for a maximum of 215 animals,

                                       —

                                       Capons covered by CN code 0105 94 00, whole carcasses:
                                       EUR 0,038595 per animal and per day for a maximum of 215 animals,

                                       —

                                       Poulards covered by CN code 0105 94 00, whole carcasses:
                                       EUR 0,045085 per animal and per day for a maximum of 215 animals,

                           (ii)

                           for producers with a long supply chain:

                                       —

                                       Standard chickens and cockerels covered by CN code 0105 94 00:
                                       EUR 0,00191 per animal and per day for a maximum of 2 235 243 animals,

                                       —

                                       Label Rouge or free range chickens covered by CN code 0105 94 00:
                                       EUR 0,004165 per animal and per day for a maximum of 5 904 353 animals,

                                       —

                                       Organic chickens covered by CN code 0105 94 00:
                                       EUR 0,00505 per animal and per day for a maximum of 295 130 animals,

                                       —

                                       Standard Guinea fowls covered by CN code 0105 99 50:
                                       EUR 0,002325 per animal and per day for a maximum of 25 166 animals,

                                       —

                                       Label Rouge and free range Guinea fowls covered by CN code 0105 99 50:
                                       EUR 0,003655 per animal and per day for a maximum of 484 740 animals,

                                       —

                                       Standard turkeys covered by CN code 0105 99 30:
                                       EUR 0,005195 per animal and per day for a maximum of 66 237 animals,

                                       —

                                       Label Rouge and free range turkeys covered by CN code 0105 99 30:
                                       EUR 0,00654 per animal and per day for a maximum of 215 animals,

                                       —

                                       Standard quails covered by CN code 0106 39 80:
                                       EUR 0,000605 per animal and per day for a maximum of 2 407 761 animals,

                                       —

                                       Label Rouge and free range quails covered by CN code 0106 39 80:
                                       EUR 0,00107 per animal and per day for a maximum of 922 861 animals,

                                       —

                                       Capons covered by CN code 0105 94 00:
                                       EUR 0,009475 per animal and per day for a maximum of 215 animals,

                                       —

                                       Poulards covered by CN code 0105 94 00:
                                       EUR 0,006575 per animal and per day for a maximum of 215 animals;

                           (iii)

                           for producers of starter chicks:

                                       —

                                       Starter chicken covered by CN code 0105 94 00:
                                       EUR 0,013135 per animal and per day for a maximum of 135 489 animals,

                                       —

                                       Starter Guinea fowls covered by CN code 0105 99 50:
                                       EUR 0,00812 per animal and per day for a maximum of 5 004 animals,

                                       —

                                       Starter turkeys covered by CN code 0105 99 30:
                                       EUR 0,01261 per animal and per day for a maximum of 215 animals;

                           (iv)

                           for producers of laying hens:

                                       —

                                       Standard young hens for laying covered by CN code 0105 94 00:
                                       EUR 0,00182 per animal and per day for a maximum of 127 001 animals,

                                       —

                                       Young hens for laying in barn covered by CN code 0105 94 00:
                                       EUR 0,002545 per animal and per day for a maximum of 25 460 animals,

                                       —

                                       Young organic hens for laying covered by CN code 0105 94 00:
                                       EUR 0,00197 per animal and per day for a maximum of 215 animals,

                                       —

                                       Laying hens in cage covered by CN code 0105 94 00:
                                       EUR 0,004275 per animal and per day for a maximum of 118 675 animals,

                                       —

                                       Laying hens in barn covered by CN code 0105 94 00:
                                       EUR 0,00575 per animal and per day for a maximum of 215 animals,

                                       —

                                       Free range laying hens covered by CN code 0105 94 00:
                                       EUR 0,00867 per animal and per day for a maximum of 33 273 animals,

                                       —

                                       Label rouge laying hens covered by CN code 0105 94 00:
                                       EUR 0,009585 per animal and per day for a maximum of 215 animals,

                                       —

                                       Organic laying hen covered by CN code 0105 94 00:
                                       EUR 0,01306 per animal and per day for a maximum of 46 887 animals.

         2.   Where the number of animals not produced and eligible for compensation exceeds the maximum number of animals per item set in paragraph 1, expenditure eligible for Union part-financing may be adjusted per item and go beyond the amounts resulting from the application of the maximum numbers of animals per item, provided that the total of adjustments remains below 10 % of the maximum level of expenditure part-financed by the Union referred to in Article 3(1).
   Article 4
   France shall carry out administrative and physical checks in accordance with Articles 58 and 59 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council (11).
   In particular, France shall verify:

               (a)

               the eligibility of the applicant submitting the request for support;

               (b)

               for each eligible applicant: the eligibility, the quantity and the value of the actual loss of production;

               (c)

               that funding has not been received by any eligible applicant from any other sources to compensate the losses referred to in Article 2.

         For eligible applicants for which administrative checks are completed, aid can be paid without waiting for all checks being made, notably those on applicants selected for on-the-spot checks.
   In cases where the eligibility of an applicant was not confirmed, the aid shall be recovered and sanctions applied.
   Article 5
   France shall communicate to the Commission the clearance of payments.
   Article 6
   This Regulation shall enter into force on the 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, 19 February 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16).

      (3)  Commission Implementing Decision (EU) 2017/247 of 9 February 2017 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 36, 11.2.2017, p. 62).

      (4)  Commission Implementing Decision (EU) 2017/417 of 7 March 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 63, 9.3.2017, p. 177).

      (5)  Commission Implementing Decision (EU) 2017/554 of 23 March 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 79, 24.3.2017, p. 15).

      (6)  Commission Implementing Decision (EU) 2017/696 of 11 April 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 101, 13.4.2017, p. 80).

      (7)  Commission Implementing Decision (EU) 2017/780 of 3 May 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 116, 5.5.2017, p. 30).

      (8)  Commission Implementing Decision (EU) 2017/1139 of 23 June 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 164, 27.6.2017, p. 59).

      (9)  Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.6.2014, p. 1).

      (10)  Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).

      (11)  Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).

      ANNEX

         Regulated zones and periods as referred to in Article 2

      Parts of France and periods established in accordance with Directive 2005/94/EC and defined in:

                  —

                  Commission Implementing Decision (EU) 2017/247 of 9 February 2017 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 36, 11.2.2017, p. 62),

                  —

                  Commission Implementing Decision (EU) 2017/417 of 7 March 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 63, 9.3.2017, p. 177),

                  —

                  Commission Implementing Decision (EU) 2017/554 of 23 March 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 79, 24.3.2017, p. 15),

                  —

                  Commission Implementing Decision (EU) 2017/696 of 11 April 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 101, 13.4.2017, p. 80),

                  —

                  Commission Implementing Decision (EU) 2017/780 of 3 May 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 116, 5.5.2017, p. 30),

                  —

                  Commission Implementing Decision (EU) 2017/1139 of 23 June 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 164, 27.6.2017, p. 59),

                  —

                  Order of 31 March 2017 establishing additional arrangements for prevention, surveillance and to combat highly pathogenic avian influenza in some parts of the territory (Official Journal of the French Republic of 2.4.2017, text 24 of 71),

                  —

                  Prefectural Orders declaring an infection following outbreaks of highly pathogenic avian influenza confirmed between 1 December 2016 and 30 June 2017,

                  —

                  Prefectural Orders withdrawing declarations of infection following outbreaks of highly pathogenic avian influenza confirmed between 1 December 2016 and 30 June 2017,


title: Commission Implementing Regulation (EU) 2018/258 of 21 February 2018 amending Implementing Regulation (EU) No 725/2011 for the purpose of adjusting it to the change in the regulatory test procedure and simplifying the administrative procedures for application and certification (Text with EEA relevance. )

text:
                  22.2.2018

                  EN

                  Official Journal of the European Union

                  L 49/1

            COMMISSION IMPLEMENTING REGULATION (EU) 2018/258
      of 21 February 2018
      amending Implementing Regulation (EU) No 725/2011 for the purpose of adjusting it to the change in the regulatory test procedure and simplifying the administrative procedures for application and certification
      (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 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles (1), and in particular Article 12(2) thereof,
      Whereas:

                  (1)

                  The Worldwide Harmonized Light Vehicle Test Procedure (WLTP) set out in Commission Regulation (EU) 2017/1151 (2) was adopted by the Commission on 1 June 2017. The WLTP replaces the New European Driving Cycle (NEDC) set out in Annex XII to Commission Regulation (EC) No 692/2008 (3). From 2021, compliance with the CO2 emissions targets set out in Regulation (EC) No 443/2009 are to be verified on the basis of CO2 emissions determined in accordance with the WLTP procedure. From that date, also CO2 eco-innovation savings should be determined by reference to the WLTP.

                  (2)

                  To reflect the change in the regulatory test procedure and taking into account the procedure to correlate the WLTP CO2 values into the corresponding NEDC CO2 values, set out in Commission Implementing Regulation (EU) 2017/1153 (4), it is necessary to amend Commission Implementing Regulation (EU) No 725/2011 (5).

                  (3)

                  To ensure a smooth transition from the NEDC to the WLTP, it should be possible to submit an application for the approval of an innovative technology as an eco-innovation by reference to the NEDC until 31 December 2019, and to the WLTP from the entry into force of this Regulation.

                  (4)

                  While the Commission has granted more than twenty approvals of eco-innovations, the deployment by manufacturers of those technologies in the European Union vehicle fleet has until 2017 been quite limited. In order to promote a more extensive deployment of those technologies and obtain the highest potential for reducing CO2 emissions from passenger cars, the approval and certification process should be simplified.

                  (5)

                  Lowering the savings threshold to 0,5 g CO2/km is likely to promote a wider deployment of innovative technologies capable of reducing CO2 emissions. However, in order to ensure that those CO2 savings are actually achieved, it is essential that they are determined very accurately. It is therefore necessary to assess and quantify the uncertainty that is linked to the methods used for demonstrating the savings and to take that uncertainty into account when the CO2 savings are certified by the approval authority. It is appropriate to align the change of the savings threshold with the introduction of the WLTP, and as a consequence the new threshold should apply for the purpose of applications made by reference to the WLTP.

                  (6)

                  For the purpose of demonstrating the CO2 savings, component testing should be possible in those cases where the savings are not vehicle dependent in order to improve the accuracy and simplify the determination of the CO2 savings.

                  (7)

                  In order to simplify the certification of CO2 savings, it should be possible for the applicant to propose, in addition to a detailed testing methodology for determining the savings, a simplified evaluation method or pre-defined CO2 savings in the application for the approval of an innovative technology as an eco-innovation. Where such simplified methods or pre-defined CO2 savings are used, the savings certified by approval authorities should be determined in a conservative way reflecting the lowest level of savings demonstrated.

                  (8)

                  A technology that has already for some time been widely available on the market cannot be considered innovative within the meaning of Article 12 of Regulation (EC) No 443/2009 and should not be eligible as an eco-innovation. In order to create the right incentives, it is therefore appropriate to replace the 2009 reference year by a dynamic reference year as a baseline for determining the innovativeness of a technology. The new dynamic reference year should apply for applications submitted from 1 January 2020.

                  (9)

                  Where the Commission finds, based on the experience gained from assessing a number of innovative technologies with the same characteristics, that it has been satisfactorily and conclusively demonstrated that such technologies meet the eligibility criteria referred to in Article 12 of Regulation (EC) No 443/2009, or in the case an innovative technology is not dependent on manufacturer specific vehicle parameters, it should be possible to approve the innovative technology as an eco-innovation by a decision which provides all manufacturers with the possibility to certify CO2 savings by reference to that decision provided that the conditions of the decision are met.

                  (10)

                  Some innovative technologies require strong statistical evidence to support the assumptions given in the application for the approval of an innovative technology as an eco-innovation and the parameters proposed in the testing methodology. In order to have the widest possible data sets, it should be possible for a group of manufacturers or suppliers to apply together. Where that is the case, the group should have the possibility to submit an application including several verification reports, where that is necessary for confidentiality or competition reasons.

                  (11)

                  For the purpose of ensuring that the certified CO2 savings that are used by manufacturers for target compliance purposes are correct, the Commission should be in a position to react swiftly and notify manufacturers where it detects or is informed of any deviations or inconsistences in the testing methodology or the innovative technology which could affect the level of the certified savings.

                  (12)

                  Experience shows that it may be necessary to adjust the testing methodologies set out in the decisions approving an eco-innovation, inter alia, to take into account technical developments, or to extend the scope of the approval decision to a wider range of vehicles. It should therefore be possible for both the original applicant and for the Commission to initiate an amendment of those decisions.

                  (13)

                  Implementing Regulation (EU) No 725/2011 should therefore be amended accordingly.

                  (14)

                  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) No 725/2011 is amended as follows:

                  (1)

                  Article 2 is amended as follows:

                              (a)

                              in paragraph 2, the first sentence is replaced by the following:
                              ‘An application for the approval of an innovative technology as an eco-innovation may be made under this Regulation in respect of a technology, provided that the following conditions are met:’;

                              (b)

                              in paragraph 2, point (a) is replaced by the following:

                                          ‘(a)

                                          it had been fitted in 3 % or less of all new passenger cars registered in 2009 for applications submitted until 31 December 2019, or in 3 % or less of all new passenger cars registered in the year n-4, n being the year of application, for applications submitted from 1 January 2020;’;

                              (c)

                              the following paragraph 3 is added:
                              ‘3.   An application for the approval of an innovative technology as an eco-innovation may be made by reference to the standard test procedure in accordance with the following:

                                          (a)

                                          to the New European Driving Cycle referred to in Annex XII to Regulation (EC) No 692/2008 until 31 December 2019;

                                          (b)

                                          to the Worldwide Harmonised Light Vehicle Test Procedure (WLTP) referred to in Commission Regulation (EU) 2017/1151 (*1) from 14 March 2018.

                                 (*1)  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 Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).’;"

                  (2)

                  Article 3 is amended as follows:

                              (i)

                              point (c) is replaced by the following:

                                          ‘(c)

                                          “applicant” means the manufacturer or supplier, or a group of manufacturers or suppliers, submitting an application for the approval of an innovative technology as an eco-innovation;’;

                              (ii)

                              the following point (f) is added:

                                          ‘(f)

                                          “requester” means a manufacturer or supplier or a group of manufacturers or suppliers that requests the amendment of a decision approving an innovative technology as an eco-innovation.’;

                  (3)

                  Article 4 is amended as follows:

                              (a)

                              the title is replaced by the following:
                              ‘Article 4
                              Application for the approval of an innovative technology as an eco-innovation’;

                              (b)

                              paragraph 2 is amended as follows:

                                          (i)

                                          the introductory sentence is replaced by the following:
                                          ‘An application for the approval of an innovative technology as an eco-innovation shall include the following:’;

                                          (ii)

                                          point (e) is replaced by the following:

                                                      ‘(e)

                                                      a methodology to be used for demonstrating the CO2 emissions reductions of the innovative technology, including a reference to the applicable standard test procedure in accordance with Article 2(3), or where such methodology has already been approved by the Commission, a reference to the approved methodology;’;

                                          (iii)

                                          the following point (ea) is inserted:

                                                      ‘(ea)

                                                      where appropriate, and in addition to the methodology referred to in point (e), a simplified method for evaluating the CO2 savings to be certified or pre-defined CO2 savings values to be used for the purpose of certification of all vehicles fitted with the innovative technology;’;

                                          (iv)

                                          in point (f) points (i) and (ii) are replaced by the following:

                                                      ‘(i)

                                                      the emissions reduction achieved by the innovative technology as determined in accordance with points (e) and, where applicable, (ea) meets the relevant threshold specified in Article 9(1), taking into account any deterioration over time of the technology;

                                                      (ii)

                                                      the CO2 savings of the innovative technology are not or only partially covered by the standard test procedure CO2 measurement as referred to in point (c) of Article 12(2) of Regulation (EC) No 443/2009 and as specified in Article 2(3) of this Regulation;’;

                                          (v)

                                          the following point (iv) is added:

                                                      ‘(iv)

                                                      the CO2 reduction value to be attributed to a vehicle at the moment of certification using the simplified evaluation method or by way of pre-defined CO2 savings values as referred to in point (ea), is lower or equal to the emissions reduction achieved by the innovative technology as determined using the testing methodology referred to in point (e), including any possible interactions with other approved eco-innovations.’;

                  (4)

                  Article 5 is amended as follows:

                              (a)

                              the title is replaced by the following:
                              ‘Article 5
                              Baseline and eco-innovation’;

                              (b)

                              in paragraph 1, points (a) and (b) are replaced by the following:

                                          ‘(a)

                                          an eco-innovation vehicle that shall be fitted with the innovative technology, or, where appropriate, the innovative technology as a stand-alone component;

                                          (b)

                                          a baseline vehicle that shall not be fitted with the innovative technology but that is in all other aspects identical to the eco-innovation vehicle, or, where appropriate, a baseline technology as a stand-alone component.’;

                              (c)

                              paragraph 2 is replaced by the following:
                              ‘2.   If the applicant considers that the information referred to in Articles 8 and 9 can be demonstrated by other means than those referred to in paragraph 1, the application for the approval of an innovative technology as an eco-innovation shall include the necessary details justifying that conclusion and a methodology providing equivalent results.’;

                              (d)

                              the following paragraph 3 is added:
                              ‘3.   Where the application for the approval of an innovative technology as an eco-innovation is made by reference to the WLTP as referred to in Article 2(3)(b), the baseline vehicle shall be the vehicle within the interpolation family which represents the worst case for the purpose of demonstrating the eco-innovation savings.
                              In the case referred to in the second subparagraph of point 1.2.3.1 of sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151, the baseline vehicle shall be the test vehicle H.
                              The choice of baseline vehicle shall be supported by strong and independent statistical evidence on the basis of which verifiable assumptions about the appropriateness and representativeness of the baseline vehicle can be made.’;

                  (5)

                  Article 7 is amended as follows:

                              (a)

                              the following paragraph 1a is added:
                              ‘1a.   Where the applicant is a group of manufacturers or suppliers, the following conditions apply:

                                          (a)

                                          the independent and certified body shall carry out the verifications referred to in points (a) to (e) of paragraph 2 in relation to each member of the applicant group, where relevant, depending on the content of the application for the approval of an innovative technology as an eco-innovation;

                                          (b)

                                          where appropriate for confidentiality or competition reasons, several verification reports may be provided by the members of the applicant group for different sets of data supporting the same application.’;

                              (b)

                              paragraph 2 is amended as follows:

                                          (i)

                                          the following point (ca) is inserted:

                                                      ‘(ca)

                                                      verify, in the case of point (ea) of Article 4(2), that the simplified evaluation method or the pre-defined CO2 savings values referred to in that point are appropriate for certifying the CO2 savings for the relevant vehicles referred to in point (d) of Article 4(2), and meet the minimum requirements specified in Article 4[2][f](iv);’;

                                          (ii)

                                          the following subparagraph is added:
                                          ‘For the purpose of points (c) and (ca), the independent and certified body shall provide the testing protocols established for the verification.’;

                              (c)

                              in paragraph 3, the first subparagraph is replaced by the following:
                              ‘For the purposes of the certification of the CO2 savings in accordance with Article 11, the independent and certified body shall, at the request of the manufacturer, draw up a report on the interaction between several eco-innovations fitted to one vehicle type, variant, version or, where applicable, interpolation family.’;

                  (6)

                  Article 8 is amended as follows:

                              (a)

                              in paragraph 1, points (a) and (b) are replaced by the following:

                                          ‘(a)

                                          the CO2 emissions from the baseline vehicle and from the eco-innovation vehicle with the innovative technology in operation resulting from the application of the methodology referred to in point (e) of Article 4(2) and, where appropriate, the application of the simplified evaluation method referred to in point (ea) of that Article;

                                          (b)

                                          the CO2 emissions from the baseline vehicle and from the eco-innovation vehicle with the innovative technology in operation resulting from the application of the standard test procedure as specified in accordance with Article 2(3)(a) or (b).’;

                              (b)

                              in paragraph 2, the following subparagraph is added:
                              ‘In the case of applications for the approval of an innovative technology as an eco-innovation made by reference to Article 2(3)(b), the uncertainty shall be assessed and quantified for the purpose of determining the savings. The quantified uncertainty shall be subtracted from the total savings.’;

                              (c)

                              the following paragraph 3 is added:
                              ‘3.   In the case of pre-defined CO2 savings values proposed in accordance with Article 4(2)(ea), those values shall be set at a level that is lower or equal to the total savings determined in accordance with paragraph 2.’;

                  (7)

                  Article 9 is amended as follows:

                              (a)

                              paragraph 1 is replaced by the following:
                              ‘1.   The minimum reduction to be achieved in accordance with Article 8(2) by the innovative technology shall be:

                                          (a)

                                          1 g CO2/km in the case of applications made by reference to Article 2(3)(a);

                                          (b)

                                          0,5 g CO2/km in the case of applications made by reference to Article 2(3)(b)’;

                              (b)

                              in paragraph 2, the wording ‘standard test cycle’ is replaced by ‘standard test procedure’;

                  (8)

                  the title of Article 10 is replaced by the following:
                  ‘Article 10
                  Assessment of an application for the approval of an innovative technology as an eco-innovation’;

                  (9)

                  Article 11 is amended as follows:

                              (a)

                              paragraph 2 is replaced by the following:
                              ‘2.   The certified CO2 savings of the eco-innovation demonstrated in accordance with the corresponding decision to approve the innovative technology as an eco-innovation shall be specified separately in both the type approval documentation and the certificate of conformity in accordance with Directive 2007/46/EC, on the basis of tests carried out by technical services in accordance with Article 11 of that Directive, using the approved testing methodology.
                              Subject to the requirements of the approval decision, the quantified uncertainty referred to in Article 8(2) shall be subtracted from the total savings to be certified. Where the CO2 savings of an eco-innovation for a specific type, variant, version and, where appropriate, interpolation family are below the relevant threshold specified in Article 9(1), the savings shall not be certified.
                              In the case pre-defined CO2 savings determined in accordance with Article 4(2)(ea) are specified in the approval decision, the relevant pre-defined savings value may be entered directly into the type approval documentation, provided that the approval authority is in a position to confirm that the vehicle is fitted with the technology in accordance with the specifications of the approval decision.’;

                              (b)

                              in the second subparagraph of paragraph 4, the value ‘1 g CO2/km’ is replaced by ‘0,5 g CO2/km’;

                  (10)

                  Article 12 is amended as follows:

                              (a)

                              in paragraph 1, after the second subparagraph, the following subparagraph is inserted:
                              ‘The Commission may also, where it finds or is informed of deviations or inconsistences in the testing methodology or in the innovative technology in comparison to the information it had received as part of the application for the approval of the innovative technology as an eco-innovation, notify this to the manufacturer.’;

                              (b)

                              paragraph 3 is replaced by the following:
                              ‘3.   A manufacturer for which the certified CO2 savings are no longer taken into account may apply for a new certification of the vehicles concerned in accordance with the procedure laid down in Article 11, or may, where appropriate, make a request for an amendment of the approval decision in accordance with Article 12a, which shall be supported by such evidence that is required to confirm the appropriateness of the testing methodology and the level of CO2 savings achieved by the innovative technology.’;

                  (11)

                  the following Article 12a is inserted:
                  ‘Article 12a
                  Amendment of a decision to approve an innovative technology as an eco-innovation
                  1.   A manufacturer or supplier, including the original applicant, may submit to the Commission a request for an existing approval decision to be amended. The request and all supporting documentation shall also be submitted by electronic mail or electronic data carrier or uploaded to a server managed by the Commission. The written request shall list the supporting documentation.
                  2.   The following information and evidence shall be provided together with the request for amendment:

                              (a)

                              contact details of the requester;

                              (b)

                              the reference to the approval decision to be amended;

                              (c)

                              a description of the amendments proposed including a summary of that description;

                              (d)

                              evidence demonstrating the necessity and the appropriateness of the amendments;

                              (e)

                              evidence demonstrating that emissions reduction achieved by the innovative technology as determined using the amended testing methodology, or where appropriate, the new or amended simplified evaluation method or pre-defined CO2 savings, meets the relevant threshold specified in article 9(1), taking into account any deterioration over time of the technology;

                              (f)

                              a specific validation report established by an independent and certified body that verifies the following:

                                          (i)

                                          the amended testing methodology meets the requirements set out in Article 6(1) and, where applicable, the requirements set out in Article 4(2)(f)(iv);

                                          (ii)

                                          the emissions reduction achieved by the innovative technology as determined using the amended testing methodology or, where appropriate, the new or amended simplified evaluation method or pre-defined CO2 savings, meets the relevant threshold specified in Article 9(1), taking into account any deterioration over time of the technology.

                        3.   On receipt of the request for the amendment, the Commission shall make public the summary description of the amendments proposed referred to in point 2(c).
                  4.   The Commission shall assess the request for amendment and, within nine months from receipt of a complete request, it shall amend the approval decision, unless objections are raised in respect of the appropriateness of the proposed amendments.
                  The amended approval decision shall, where necessary, specify its applicability and the information required for the certification of the CO2 savings in accordance with Article 11 of this Regulation, subject to the application of the exceptions to the right to public access to documents specified in Regulation (EC) No 1049/2001.
                  5.   The Commission may require adjustments to the proposed amendments. The Commission shall in that case consult the requester as well as other relevant stakeholders, including the original applicant for the approval of the innovative technology as an eco-innovation, on the proposed amendments and, where appropriate, take account of the comments received.
                  6.   The assessment period may be extended by five months where the Commission finds that, because of the complexity of the innovative technology and the accompanying amended testing methodology or because of the size and contents of the request for amendment, the request cannot be appropriately assessed within the nine months assessment period.
                  The Commission shall within 40 days of receipt of the request notify the requester if the assessment period is to be extended.
                  7.   The Commission may at any time amend an approval decision on its own initiative, in particular to take into account technical progress. The Commission shall consult the original applicant for approval of the innovative technology as an eco-innovation and other relevant stakeholders on the amendments it considers and, where appropriate, take account of the comments received.’;

                  (12)

                  Article 14 is deleted.

            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, 21 February 2018.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 140, 5.6.2009, p. 1.

         (2)  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 Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).

         (3)  Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending 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 (OJ L 199, 28.7.2008, p. 1).

         (4)  Commission Implementing Regulation (EU) 2017/1153 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure and amending Regulation (EU) No 1014/2010 (OJ L 175, 7.7 2017, p. 679).

         (5)  Commission Implementing Regulation (EU) No 725/2011 of 26 July 2011 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 194, 26.7.2011, p. 19).


title: Commission Implementing Regulation (EU) 2018/259 of 21 February 2018 amending Implementing Regulation (EU) No 427/2014 for the purpose of adjusting it to the change in the regulatory test procedure and simplifying the administrative procedures for application and certification (Text with EEA relevance. )

text:
                  22.2.2018

                  EN

                  Official Journal of the European Union

                  L 49/9

            COMMISSION IMPLEMENTING REGULATION (EU) 2018/259
      of 21 February 2018
      amending Implementing Regulation (EU) No 427/2014 for the purpose of adjusting it to the change in the regulatory test procedure and simplifying the administrative procedures for application and certification
      (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 Article 12(2) thereof,
      Whereas:

                  (1)

                  The Worldwide Harmonised Light Vehicle Test Procedure (WLTP) set out in Commission Regulation (EU) 2017/1151 (2) was adopted by the Commission on 1 June 2017. The WLTP replaces the New European Driving Cycle (NEDC) set out in Annex XII to Commission Regulation (EC) No 692/2008 (3). From 2021, compliance with the CO2 emissions targets set out in Regulation (EU) No 510/2011 are to be verified on the basis of CO2 emissions determined in accordance with the WLTP. From that date, also eco-innovation CO2 savings should be determined by reference to the WLTP.

                  (2)

                  To reflect the change in the regulatory test procedure and taking into account the procedure to correlate the WLTP CO2 values into the corresponding NEDC CO2 values set out in Commission Implementing Regulation (EU) 2017/1153 (4), it is necessary to amend Commission Implementing Regulation (EU) No 427/2014 (5).

                  (3)

                  To ensure a smooth transition from the NEDC to the WLTP, it should be possible to submit an application for the approval of an innovative technology as an eco-innovation by reference to the NEDC until 31 December 2019, and to the WLTP from the entry into force of this Regulation.

                  (4)

                  While the Commission has granted more than 20 approvals of eco-innovations, the deployment by manufacturers of those technologies in the European Union vehicle fleet has until 2017 been quite limited. In order to promote a more extensive deployment of those technologies and obtain the highest potential for reducing CO2 emissions from light commercial vehicles, the approval and certification process should be simplified.

                  (5)

                  Lowering the savings threshold to 0,5 g CO2/km is likely to promote a wider deployment of innovative technologies capable of reducing CO2 emissions. However, in order to ensure that those CO2 savings are actually achieved, it is essential that they are determined very accurately. It is therefore necessary to assess and quantify the uncertainty that is linked to the methods used for demonstrating the savings and to take that uncertainty into account when the CO2 savings are certified by the approval authority. It is appropriate to align the change of the savings threshold with the introduction of the WLTP, and as a consequence the new threshold should apply for the purpose of applications made by reference to the WLTP.

                  (6)

                  For the purpose of demonstrating the CO2 savings, component testing should be possible in those cases where the savings are not vehicle-dependent in order to improve the accuracy and simplify the determination of the CO2 savings.

                  (7)

                  In order to simplify the certification of CO2 savings, it should be possible for the applicant to propose, in addition to a detailed testing methodology for determining the savings, a simplified evaluation method or predefined CO2 savings in the application for the approval of an innovative technology as an eco-innovation. Where such simplified methods or predefined CO2 savings are used, the savings certified by approval authorities should be determined in a conservative way reflecting the lowest level of savings demonstrated.

                  (8)

                  A technology that has already for some time been widely available on the market cannot be considered innovative within the meaning of Article 12 of Regulation (EU) No 510/2011 and should not be eligible as an eco-innovation. In order to create the right incentives, it is therefore appropriate to replace the 2009 reference year by a dynamic reference year as a baseline for determining the innovativeness of a technology. The new dynamic reference year should apply for applications submitted from 1 January 2020.

                  (9)

                  Where the Commission finds, based on the experience gained from assessing a number of innovative technologies with the same characteristics, that it has been satisfactorily and conclusively demonstrated that such technologies meet the eligibility criteria referred to in Article 12 of Regulation (EU) No 510/2011, or in the case an innovative technology is not dependent on manufacturer specific vehicle parameters, it should be possible to approve the innovative technology as an eco-innovation by a decision which provides all manufacturers with the possibility to certify CO2 savings by reference to that decision provided that the conditions of the decision are met.

                  (10)

                  Some innovative technologies require strong statistical evidence to support the assumptions given in the application for the approval of an innovative technology as an eco-innovation and the parameters proposed in the testing methodology. In order to have the widest possible data sets, it should be possible for a group of manufacturers or suppliers to apply together. Where that is the case, the group should have the possibility to submit an application including several verification reports, where that is necessary for confidentiality or competition reasons.

                  (11)

                  For the purpose of ensuring that the certified CO2 savings that are used by manufacturers for target compliance purposes are correct, the Commission should be in a position to react swiftly and notify manufacturers where it detects or is informed of any deviations or inconsistences in the testing methodology or the innovative technology which could affect the level of the certified savings.

                  (12)

                  Experience shows that it may be necessary to adjust the testing methodologies set out in the decisions approving an eco-innovation, inter alia, to take into account technical developments, or to extend the scope of the approval decision to a wider range of vehicles. It should therefore be possible for both the original applicant and for the Commission to initiate an amendment of those decisions.

                  (13)

                  Implementing Regulation (EU) No 427/2014 should therefore be amended accordingly.

                  (14)

                  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) No 427/2014 is amended as follows:

                  (1)

                  Article 2 is amended as follows:

                              (a)

                              in paragraph 2, the first sentence is replaced by the following:
                              ‘An application for the approval of an innovative technology as an eco-innovation may be made under this Regulation in respect of a technology, provided that the following conditions are met:’;

                              (b)

                              in paragraph 2, point (a) is replaced by the following:

                                          ‘(a)

                                          it had been fitted in 3 % or less of all new light commercial vehicles registered in 2009 for applications submitted until 31 December 2019, or in 3 % or less of all new light commercial vehicles registered in the year n – 4, n being the year of application, for applications submitted from 1 January 2020;’;

                              (c)

                              The following paragraph 4 is added:
                              ‘4.   An application for the approval of an innovative technology as an eco-innovation may be made by reference to the standard test procedure in accordance with the following:

                                          (a)

                                          to the New European Driving Cycle referred to in Annex XII to Regulation (EC) No 692/2008 until 31 December 2019;

                                          (b)

                                          to the Worldwide Harmonised Light Vehicle Test Procedure referred to in Commission Regulation (EU) 2017/1151 (*1) from 14 March 2018.

                                 (*1)  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 Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).’."

                  (2)

                  Article 3 is amended as follows:

                              (a)

                              point (3) is replaced by the following:

                                          ‘(3)

                                          “applicant” means the manufacturer or supplier, or a group of manufacturers or suppliers, submitting an application for the approval of an innovative technology as an eco-innovation;’

                              (b)

                              point (6) is replaced by the following:

                                          ‘(6)

                                          “requester” means a manufacturer or supplier or a group of manufacturers or suppliers that requests the amendment of a decision approving an innovative technology as an eco-innovation.’

                  (3)

                  Article 4 is amended as follows:

                              (a)

                              the title is replaced by the following:
                              ‘Article 4
                              Application for the approval of an innovative technology as an eco-innovation’;

                              (b)

                              paragraph 2 is amended as follows:

                                          (i)

                                          the introductory sentence is replaced by the following:
                                          ‘An application for the approval of an innovative technology as an eco-innovation shall include the following:’

                                          (ii)

                                          point (e) is replaced by the following:

                                                      ‘(e)

                                                      a methodology to be used for demonstrating the CO2 emission reductions of the innovative technology, including a reference to the applicable standard test procedure in accordance with Article 2(4), or where such methodology has already been approved by the Commission, a reference to the approved methodology;’;

                                          (iii)

                                          the following point (ea) is inserted:

                                                      ‘(ea)

                                                      where appropriate, and in addition to the methodology referred to in point (e), a simplified method for evaluating the CO2 savings to be certified or predefined CO2 savings values to be used for the purpose of certification of all vehicles fitted with the innovative technology;’;

                                          (iv)

                                          in point (f), points (i) and (ii) are replaced by the following:

                                                      ‘(i)

                                                      the emissions reduction achieved by the innovative technology as determined in accordance with points (e) and, where applicable, (ea) meets the relevant threshold specified in Article 9(1), taking into account any deterioration over time of the technology;

                                                      (ii)

                                                      the CO2 savings of the innovative technology are not or only partially covered by the standard test procedure CO2 measurement as referred to in Article 12(2)(c) of Regulation (EU) No 510/2011 and as specified in Article 2(4) of this Regulation;’;

                                          (v)

                                          in point (f), the following point (iv) is added:

                                                      ‘(iv)

                                                      in the case of point (ea) of this Article, the CO2 reduction value to be attributed to a vehicle at the moment of certification using the simplified evaluation method, or by way of predefined CO2 savings values as referred to in point (ea), is lower or equal to the emissions reduction achieved by the innovative technology as determined using the testing methodology referred to in point (e), including any possible interactions with other approved eco-innovations.’.

                  (4)

                  Article 5 is amended as follows:

                              (a)

                              the title is replaced by the following:
                              ‘Article 5
                              Baseline and eco-innovation’;

                              (b)

                              in paragraph 1, points (a) and (b) are replaced by the following:

                                          ‘(a)

                                          an eco-innovation vehicle that is to be fitted with the innovative technology, or, where appropriate, the innovative technology as a stand-alone component;

                                          (b)

                                          a baseline vehicle that shall not to be fitted with the innovative technology but that is in all other aspects identical to the eco-innovation vehicle, or, where appropriate, a baseline technology as a stand-alone component.’;

                              (c)

                              paragraph 3 is replaced by the following:
                              ‘3.   If the applicant considers that the information referred to in Articles 8 and 9 can be demonstrated by other means than those referred to in paragraph 1 of this Article, the application for the approval of an innovative technology as an eco-innovation shall include the necessary details justifying that conclusion and a methodology providing equivalent results.’;

                              (d)

                              the following paragraph 4 is added:
                              ‘4.   Where the application for the approval of an innovative technology as an eco-innovation is made by reference to the WLTP as referred to in Article 2(4)(b), the baseline vehicle shall be the vehicle within the interpolation family or the road loads matrix family which represents the worst case for the purpose of demonstrating the eco-innovation savings.
                              In the case referred to in the second subparagraph of point 1.2.3.1 of sub-Annex 6 or point 3.2.3.1 of sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151, the baseline vehicle shall be the test vehicle H.
                              The choice of baseline vehicle shall be supported by strong and independent statistical evidence on the basis of which verifiable assumptions about the appropriateness and representativeness of the baseline vehicle can be made.’.

                  (5)

                  Article 7 is amended as follows:

                              (a)

                              the following paragraph 1a is added:
                              ‘1a.   Where the applicant is a group of manufacturers or suppliers the following conditions apply:

                                          (a)

                                          the independent and certified body shall carry out the verifications referred to in points (a) to (e) of paragraph 2 in relation to each member of the applicant group, where relevant, depending on the content of the application for the approval of an innovative technology as an eco-innovation;

                                          (b)

                                          where appropriate for confidentiality or competition reasons, several verification reports may be provided by the members of the applicant group for different sets of data supporting the same application.’;

                              (b)

                              paragraph 2 is amended as follows:

                                          (i)

                                          in the first subparagraph, the following point (ca) is inserted:

                                                      ‘(ca)

                                                      verify, in the case of point (ea) of Article 4(2), that the simplified evaluation method or the predefined CO2 savings values referred to in that point are appropriate for certifying the CO2 savings for the relevant vehicles referred to in point (d) of Article 4(2), and meet the minimum requirements set out in Article 4[2][f](iv);’;

                                          (ii)

                                          the last subparagraph is replaced by the following:
                                          ‘For the purpose of point (c) and (ca), the independent and certified body shall provide the testing protocols established for the verification.’;

                              (c)

                              in Paragraph 3, the first subparagraph is replaced by the following:
                              ‘3.   For the purposes of the certification of the CO2 savings in accordance with Article 11, the independent and certified body shall, at the request of the manufacturer, draw up a report on the interaction between several eco-innovations fitted to one vehicle type, variant, version and, where applicable, interpolation family.’;

                              (d)

                              Paragraph 4 is deleted.

                  (6)

                  Article 8 is amended as follows:

                              (a)

                              in paragraph 1, points (a) and (b) are replaced by the following:

                                          ‘(a)

                                          the CO2 emissions from the baseline vehicle and from the eco-innovation vehicle with the innovative technology in operation resulting from the application of the methodology referred to in point (e) of Article 4(2) and, where appropriate, the application of the simplified evaluation method referred to in point (ea) of that Article;

                                          (b)

                                          the CO2 emissions from the baseline vehicle and from the eco-innovation vehicle with the innovative technology in operation resulting from the application of the standard test procedure as specified in accordance with Article 2(4)(a) or (b).’;

                              (b)

                              in paragraph 2, the following subparagraph is added:
                              ‘In the case of applications for the approval of an innovative technology as an eco-innovation made by reference to Article 2(4)(b), the uncertainty shall be assessed and quantified for the purpose of determining the savings. The quantified uncertainty shall be subtracted from the total savings.’;

                              (c)

                              the following paragraph 3 is added:
                              ‘3.   In the case of predefined CO2 savings values proposed in accordance with Article 4(2)(ea), those values shall be set at a level that is lower or equal to the total savings determined in accordance with paragraph 2.’.

                  (7)

                  Article 9 is amended as follows:

                              (a)

                              paragraph 1 is replaced by the following:
                              ‘1.   The minimum reduction to be achieved in accordance with Article 8(2) by the innovative technology shall be:

                                          (a)

                                          1 g CO2/km in the case of an application made by reference to Article 2(4)(a);

                                          (b)

                                          0,5 g CO2/km in the case of an application made by reference to Article 2(4)(b).’;

                              (b)

                              in paragraph 2, the wording ‘standard test cycle’ is replaced by ‘standard test procedure’.

                  (8)

                  The title of Article 10 is replaced by the following:
                  ‘Article 10
                  Assessment of an application for the approval of an innovative technology as an eco-innovation’.

                  (9)

                  Article 11 is amended as follows:

                              (a)

                              paragraph 2 is replaced by the following:
                              ‘2.   The certified CO2 savings of the eco-innovation demonstrated in accordance with the corresponding decision to approve the innovative technology as an eco-innovation shall be specified separately in both the type-approval documentation and the certificate of conformity in accordance with Directive 2007/46/EC, on the basis of tests carried out by technical services in accordance with Article 11 of that Directive, using the approved testing methodology.
                              Subject to the requirements of the approval decision, the quantified uncertainty referred to in Article 8(2) shall be subtracted from the total savings to be certified. Where the CO2 savings of an eco-innovation for a specific type, variant, version and, where appropriate, interpolation family are below the relevant threshold specified in Article 9(1), the savings shall not be certified.
                              In the case predefined CO2 savings determined in accordance with Article 4(2)(ea) are specified in the approval decision, the relevant predefined CO2 savings value may be entered directly into the type approval documentation, provided that the approval authority is in a position to confirm that the vehicle is fitted with the technology in accordance with the specifications of the approval decision.’;

                              (b)

                              In the second subparagraph of paragraph 4, the value ‘1 g CO2/km’ is replaced by ‘0,5 g CO2/km’.

                  (10)

                  Article 12 is amended as follows:

                              (a)

                              in paragraph 1, after the second subparagraph, the following subparagraph is inserted:
                              ‘The Commission may also, whenever it finds or is informed of deviations or inconsistences in the testing methodology or in the innovative technology in comparison to the information it had received as part of the application for the approval of the innovative technology as an eco-innovation, notify this to the manufacturer.’;

                              (b)

                              paragraph 3 is replaced by the following:
                              ‘3.   A manufacturer for which the certified CO2 savings are no longer taken into account may apply for a new certification of the vehicles concerned in accordance with the procedure laid down in Article 11, or may, where appropriate, make a request for an amendment of the approval decision in accordance with Article 12a, which shall be supported by such evidence that is required to confirm the appropriateness of the testing methodology and the level of CO2 savings achieved by the innovative technology.’.

                  (11)

                  The following Article 12a is inserted:
                  ‘Article 12a
                  Amendment of a decision to approve an innovative technology as an eco-innovation
                  1.   A manufacturer or supplier, including the original applicant, may submit to the Commission a request for an existing approval decision to be amended. The request and all supporting documentation shall also be submitted by electronic mail or electronic data carrier or uploaded to a server managed by the Commission. The written request shall list the supporting documentation.
                  2.   The following information and evidence shall be provided together with the request for amendment:

                              (a)

                              contact details of the requester;

                              (b)

                              the reference to the approval decision to be amended;

                              (c)

                              a description of the amendments proposed including a summary of that description;

                              (d)

                              evidence demonstrating the necessity and the appropriateness of the amendments;

                              (e)

                              evidence demonstrating that emissions reduction achieved by the innovative technology as determined using the amended testing methodology or, where appropriate, the new or amended simplified evaluation method or predefined CO2 savings, meets the relevant threshold specified in Article 9(1), taking into account any deterioration over time of the technology;

                              (f)

                              a specific validation report established by an independent and certified body that verifies the following:

                                          —

                                          the amended testing methodology meets the requirements set out in Article 6(1) and, where applicable, the requirements set out in Article 4(2)(f)(iv),

                                          —

                                          the emissions reduction achieved by the innovative technology as determined using the amended testing methodology or, where appropriate, the new or amended simplified evaluation method or predefined CO2 savings, meets the relevant threshold specified in Article 9(1), taking into account any deterioration over time of the technology.

                        3.   On receipt of the request for amendment, the Commission shall make public the summary description of the amendments proposed referred to in paragraph 2(c).
                  4.   The Commission shall assess the request for amendment and, within 9 months from receipt of a complete request, it shall amend the approval decision, unless objections are raised in respect of the appropriateness of the proposed amendments.
                  The amended approval decision shall, where necessary, specify its applicability and the information required for the certification of the CO2 savings in accordance with Article 11 of this Regulation, subject to the application of the exceptions to the right to public access to documents specified in Regulation (EC) No 1049/2001.
                  5.   The Commission may require adjustments to the proposed amendments. The Commission shall in that case consult the requester as well as other relevant stakeholders, including the original applicant for the approval of the innovative technology as an eco-innovation, on the proposed amendments and, where appropriate, take account of the comments received.
                  6.   The assessment period may be extended by 5 months where the Commission finds that, because of the complexity of the innovative technology and the accompanying amended testing methodology or because of the size and content of the request for amendment, the request cannot be appropriately assessed within the 9 months' assessment period.
                  The Commission shall within 40 days of receipt of the request notify the requester if the assessment period is to be extended.
                  7.   The Commission may at any time amend an approval decision on its own initiative, in particular to take into account technical progress. The Commission shall consult the original applicant for approval of the innovative technology as an eco-innovation and other relevant stakeholders on the amendments it considers and, where appropriate, take account of the comments received.’.

            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, 21 February 2018.

               For the Commission

               The President

            Jean-Claude JUNCKER

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

         (2)  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 Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).

         (3)  Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending 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 (OJ L 199, 28.7.2008, p. 1).

         (4)  Commission Implementing Regulation (EU) 2017/1153 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure and amending Regulation (EU) No 1014/2010 (OJ L 175, 7.7.2017, p. 679).

         (5)  Commission Implementing Regulation (EU) No 427/2014 of 25 April 2014 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (OJ L 125, 26.4.2014, p. 57).