title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending and correcting Implementing Regulation (EU) 2017/656 laying down the administrative requirements relating to emission limits and type-approval of internal combustion engines for non-road mobile machinery in accordance with Regulation (EU) 2016/1628 of the European Parliament and of the Council

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 27.4.2018

               amending and correcting Implementing Regulation (EU) 2017/656 laying down the administrative requirements relating to emission limits and type-approval of internal combustion engines for non-road mobile machinery in accordance with Regulation (EU) 2016/1628 of the European Parliament and of the Council

               (Text with EEA relevance)

               THE EUROPEAN COMMISSION,

               Having regard to the Treaty on the Functioning of the European Union,

               Having regard to Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013 and amending and repealing Directive 97/68/EC
                  1
               , and in particular Articles 18(5), 21(3), 23(5), 24(12) and 32(3) thereof,

               Whereas:

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

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

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

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

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

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

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

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

               HAS ADOPTED THIS REGULATION:

               Article 1

               Amendments to Implementing Regulation (EU) 2017/656

               Implementing Regulation (EU) 2017/656 is amended as follows:

               (1)the following Article 12a is inserted:

               "Article 12a

               Transitional provisions

               1.Notwithstanding the application of the provisions of this Regulation, as amended by Commission Delegated Regulation (EU) 2018/ [OJ Please insert the number of this Regulation], approval authorities shall, until 31 December 2018, also continue to grant EU type-approvals to engine types or engine families in accordance with this Regulation, in its version applicable on [OJ Please insert the date immediately preceding the date of entry into force of this Regulation].

               2.Notwithstanding the application of the provisions of this Regulation, as amended by Commission Delegated Regulation (EU) 2018/ [Please insert the number of this Regulation], the Member States shall, until 30 June 2019, also permit the placing on the market of engines based on an engine type approved in accordance with this Regulation, in its version applicable on [OJ Please insert the date immediately preceding the date of entry into force of this Regulation].";

               (2)Annex I is amended in accordance with Annex I to this Regulation;

               (3)Annex IV is amended in accordance with Annex IV to this Regulation;

               Article 2

               Corrections to Implementing Regulation (EU) 2017/656

               Implementing Regulation (EU) 2017/656 is corrected as follows:

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

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

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

               (4)in Annex IV, the Addendum to the EU type-approval certificate is corrected in accordance with Annex V to this Regulation.

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

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

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

               Article 3

               Entry into force

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

               This Regulation shall be binding in its entirety and directly applicable in all Member States.

               Done at Brussels, 27.4.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 252, 16.9.2016, p. 53

                     (2)

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

                     (3)

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

    ---documentbreak---

               ANNEX I

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

               (1)Part A is amended as follows:

               (a)point 1.5.1. is replaced by the following:

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

               (b)the following points 1.5.2. and 1.5.3. are inserted:

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

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

               (c)point 1.6.1. is replaced by the following:

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

                (d) the following points 1.6.2. and 1.6.3. are inserted:

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

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

               (2)Appendix 3 is amended as follows:

               (a)Part B is amended as follows:

               (i)point 2.10.4. is replaced by the following:

               "2.10.4.Others: Yes/No

               (if yes, complete section 3.10.4 and provide a schematic diagram of the location and order of the devices)";

               (ii)point 2.11.9. is replaced by the following:

               "2.11.9.Other devices or features that have a strong influence on emissions: Yes/No

               (if yes, complete section 3.11.7)";

               (b)in Part C, the table is amended as follows:

               (i)the following row with item number 3.4.6.1.is inserted:

                        "3.4.6.1.

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

                        X

                        Minimum 0,5";

               (ii)the following rows with item numbers 3.10.3. to 3.10.4.1. are inserted:

                        "3.10.3.

                        Air injection

                        3.10.3.1.

                        Operation principle:

                        X

                        3.10.4.

                        Other(s)

                        3.10.4.1.

                        Type(s):

                        X

                        ";

               (iii)the following row with item number 3.11.1.3.1. is inserted:

                        "3.11.1.3.1.

                        Test conditions for measurement:

                        X

                        X

                        ";

               (iv)the following rows with item numbers 3.11.7. and 3.11.7.1. are inserted:

                        "3.11.7.

                        Other device(s) or feature(s)

                        3.11.7.1.

                        Type(s):

                        X

                        ".

               ANNEX II

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

               (1)in Part A, point 1.3. is replaced by the following:

               "1.3.
                     Manufacturer's statement on the compliance of the engine type or engine family with the exhaust emission limits set out in Annex II to Regulation (EU) 2016/1628 with regard to specified liquid fuels, fuel mixtures or fuel emulsions other than those set out in point 1.2.2. of Annex I to Delegated Regulation (EU) 2017/654;";

               (a)Part B is corrected as follows:

               (b)point 2.1.3.2. is replaced by the following:

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

               (a)"Test" means information required for the conduct of the emissions test,

               (b)"Installation" means information required for the installation in non-road mobile machinery, and

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

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

               (c)in point 4.2., the second paragraph is replaced by the following:

               "The engine family designation shall clearly and unequivocally identify those engines presenting a unique combination of technical features for those items set out in Part B of Appendix 3 applicable to the particular engine family.";

               (2)Appendix 3 is corrected as follows:

               (a)Part B is corrected as follows:

               (i) point 2.5. is replaced by the following:

               "2.5. Range of swept volume per cylinder (cm3): ……………………";

               (ii) point 2.8.3. is replaced by the following:

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

               (b)in Part C, the table is corrected as follows:

               (i)the row with item number 3.4.6. is replaced by the following:

                        "3.4.6.

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

                        X

                        ";

               (ii) the rows with item numbers 3.6.4. and 3.6.5. are replaced by the following:

                        "3.6.4.

                        Engine total swept volume (cm3):

                        X

                        3.6.5.

                        Swept volume per cylinder as % of parent engine:

                        X

                        If engine family";

               (iii)the rows with item numbers 3.8.3. and 3.8.3.1. are replaced by the following:

                        "3.8.3.

                        Charge air cooler: Yes/No

                        X

                        X

                        3.8.3.1.

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

                        X

                        ";

               (iv)in the row with item number 3.8.3.4., the item number "3.8.3.4." is replaced by the item number "3.8.3.3.";

               (v)the row with item number 3.10.1.1. is replaced by the following:

                        "3.10.1.1.

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

                        X

                        ";

               (vi)the row with item number 3.11.1.3. is replaced by the following:

                        "3.11.1.3.

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

                        X

                        X

                        ";

               (vii)the row with item number 3.14.2. is replaced by the following:

                        "3.14.2.

                        Pressure regulator(s)/vaporiser(s)

                        ".

               ANNEX III

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

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

               "3.
                     Exemption Code (EM)/transition code (TR)(6): ………………………..";

               (2)in Appendix 2, Table 1 is corrected as follows:

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

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

               ANNEX IV

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

               (1)in the Addendum to the EU type-approval certificate, the following points 11.3. to 11.3.2. are added:

               "11.3In service monitoring reference values(9)

               11.3.1Reference work (kWh): ………..

               11.3.2Reference CO2 mass (g): ……….";

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

               "(9)Only applicable to engines of sub-categories NRE-v-5 and NRE-v-6 tested on NRTC.";

               ANNEX V

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

               (1)points 2.11.8., 2.11.9. and 2.11.10. are replaced by the following:

               "2.11.8.Other after-treatment devices (specify): ……………………

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

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

               ANNEX VI

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

               (1)in point 3.1., the introductory wording of the first paragraph  is replaced by the following:

               "Example of a EU type-approval number of an NRSh-v-1b engine operating on petrol fuel, issued by the Netherlands, which has been extended three times:";

               (2)in point 3.2., the introductory wording of the first paragraph is replaced by the following:

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

               (3)in point 3.3., the introductory wording of the first paragraph is replaced by the following:

               "Example of a EU type-approval number of a RLL-v-1 engine according to the SPE emission limits operating on diesel fuel, issued by Austria, which has been extended 2 times:".

               ANNEX VII

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

               (1)Point 2.6 is replaced by the following:

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

               (2)Appendix 1 is corrected as follows:

               (i)points 10. to 11.2. are replaced by the following:

               "10.Information concerning the conduct of the transient test (if applicable)

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

               Table 8:

               Transient test cycle

                        NRTC

                        LSI-NRTC

               10.2.Transient test deterioration factors:

               10.2.1.Deterioration Factor (DF): calculated/fixed

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

               10.3. NRTC emission results:

               Table 9

               DF values and the emissions results for NRTC

                        DF

                        mult/add

                        CO

                        HC

                        NOx

                        HC+NOx

                        PM

                        PN

                        Emissions

                        CO (g/kWh)

                        HC (g/kWh)

                        NOx (g/kWh)

                        HC+NOx (g/kWh)

                        PM (g/kWh)

                        PN
                           (#/kWh)

                        Cold start

                        Hot start test result
                           with/without regeneration

                        Weighted test result

                        kru/krd

                        mult/add

                        Weighted test result with IRAFs

                        Final test result with DF

               10.3.1.Hot cycle CO2 (g/kWh):

               10.3.2.Cycle average NH3 (ppm):

               10.3.3.Cycle work for hot start test (kWh):

               10.3.4.Cycle CO2 for hot start test (g):

               10.4.LSI-NRTC emission results

               Table 10:

               DF values and the emissions results for LSI- NRTC

                        DF

                        mult/add

                        CO

                        HC

                        NOx

                        HC+NOx

                        PM

                        PN

                        Emissions

                        CO (g/kWh)

                        HC (g/kWh)

                        NOx (g/kWh)

                        HC+NOx (g/kWh)

                        PM (g/kWh)

                        PN
                           (#/kWh)

                        test result
                           with/without regeneration

                        kru/krd

                        mult/add

                        Test result with IRAFs

                        Final test result with DF

               10.4.1.Cycle CO2 (g/kWh):

               10.4.2.Cycle average NH3 (ppm):

               10.4.3.Cycle work (kWh):

               10.4.4.Cycle CO2 (g):

               10.5.Sampling system used for the transient test:

               10.5.1.Gaseous emissions:

               10.5.2.PM:

               10.5.3.Particle number:

               11.Final emissions results

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

               (3)

               Table 11

               Final emissions results

                        Emissions

                        CO

                        (g/kWh)

                        HC

                        (g/kWh)

                        NOx

                        (g/kWh)

                        HC+NOx

                        (g/kWh)

                        PM

                        (g/kWh)

                        PN

                        (#/kWh)

                        Test

                        Cycle(1)

                        NRSC final result with DF(2).

                        Final transient test result with DF(3)

               11.2.CO2 result(4):

               11.3In service monitoring reference values(5)

               11.3.1Reference work (kWh)(6):

               11.3.2Reference CO2 mass (g)(7):";

               (ii)the explanatory notes to Appendix 1 are replaced by the following:

               "Explanatory notes to Appendix 1:

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

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

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

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

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

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

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

               (7)Indicate the cycle CO2 for hot start test value from the NRTC noted in point 10.3.4.".

               ANNEX VIII

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

               "2.4.4. Swept volume per cylinder

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

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

               2.4.4.2. Engine with a swept volume per cylinder < 750 cm3

               In order for engines with an individual cylinder swept volume of < 750 cm3 to be considered to belong to the same engine family, the spread of their swept volume per cylinder shall not exceed 30 per cent of the largest swept volume per cylinder within the engine family.

               2.4.4.3. Engine with greater spread in swept volume per cylinder

               Notwithstanding points 2.4.4.1. and 2.4.4.2., engines with a swept volume per cylinder that exceeds the spread defined in paragraphs 2.4.4.1. and 2.4.4.2. may be considered to belong to the same engine family subject to the approval of the approval authority. The approval shall be based on technical elements (calculations, simulations, experimental results etc.) showing that exceeding the spread does not have a significant influence on the exhaust emissions.".


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... laying down the rules of procedure of the Board(s) of Appeal of the European Union Agency for Railways

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 13.6.2018

               laying down the rules of procedure of the Board(s) of Appeal of the European Union Agency for Railways

               (Text with EEA relevance)

               THE EUROPEAN COMMISSION,

               Having regard to the Treaty on the Functioning of the European Union,

               Having regard to Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004
                  1
               , and in particular Article 55(5),

               Whereas:

               (1)Regulation (EU) 2016/796 empowers the Management Board of the European Union Agency for Railways (“the Agency”) to establish one or more Boards of Appeal which are to be in charge of the appeals and arbitration procedures referred to in Articles 58 and 61 of that Regulation.

               (2)As Regulation (EU) 2016/796 lays down only essential principles on the processing of appeals, rules of procedure of the Board of Appeal including the voting rules, the procedures for filing an appeal and the conditions for the reimbursement of expenses of their members need to be established. On a proposal made by the Agency, and after consulting the Agency's Management Board, the Commission should establish the rules of procedure of the Board of Appeal.

               (3)At least one Board of Appeal should be established as a permanent body by the Agency's Management Board, to ensure consistency and coherence in decision-making and to reduce the administrative workload and time-consuming appointment of members each time there is an appeal or arbitration request and to draw on the individual and collective expertise of its members.

               (4)The Agency's Management Board may establish the Board(s) of Appeal with three or five members and the respective number of alternates, in accordance with Article 55(4) of Regulation (EU) 2016/796.

               (5)To ensure that the Board of Appeal can operate smoothly and efficiently, one of the members should be appointed as the Chairperson of the Board of Appeal. It is essential that the Chairperson ensures the quality and consistency of the decisions of the Board of Appeal.

               (6)The Board of Appeal should also be assisted in the exercise of its duties by a Registrar and Rapporteur. Their appointment, roles and tasks should be clearly determined. A rapporteur should be designated for each proceeding and the services of the Registrar should be shared by all Boards of Appeal.

               (7)The possibility to have specific administrative guidance issued by the Board of Appeal should be envisaged to complement these rules of procedure with practical arrangements.

               (8)The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 81(1) of Regulation (EU) 2016/796,

               HAS ADOPTED THIS REGULATION:

               CHAPTER I

               Establishment and Organisation

               Article 1 — Establishment

               1.The rules laid down in this Regulation for the Board of Appeal shall apply to each Board of Appeal established by decision of the Management Board of the Agency.  All such Boards are collectively referred to hereafter as "the Board of Appeal".

               2.To ensure delivery of findings within the prescribed deadlines, quality and consistency of jurisprudence, one Board of Appeal established in accordance with Article 55 of Regulation (EU) 2016/796 shall be permanent.

               Article 2 — Members

               1.The Chairperson, other members and alternates that constitute a Board of Appeal are hereafter referred to as its 'members' if not otherwise indicated.

               2.The term of office of all members shall start and end on the dates fixed in the appointment decision. The date fixed may be considered in relation to a function or ending of proceedings. In accordance with Article 56(1) of Regulation (EU) 2016/796 the term of office of a member of a Board of Appeal shall not exceed 4 years and can be renewed once.

               3.Technical, legal and procedural expertise and/or experience shall be ensured in each Board of Appeal established.

               Article 3 — Replacement

               1.Any member of a Board of Appeal who is or risks becoming unavailable to execute their function shall inform the Chairperson thereof, without undue delay.

               2.In cases where the Chairperson is unavailable, the Board of Appeal shall decide which of its remaining members shall act as Chairperson.

               3.The Chairperson shall appoint one of the alternates as member.

               4.Appointments for replacement referred to in paragraph 2 and 3 shall last as long as the replaced member or Chairperson remains prevented from acting and at least until the end of any open appeal or arbitration proceeding.

               5.Should unavailability become permanent or last longer than 12 months the Agency's Management Board shall appoint a new member or Chairperson as well as alternate, as appropriate.

               Article 4 — Role of the Chairperson

               1.The Chairperson of a Board of Appeal shall preside over the appeal and arbitration proceedings.

               2.The Chairperson shall ensure the quality and consistency of decisions by a Board of Appeal.

               3.The Chairperson shall designate a rapporteur from among the members of the Board of Appeal for each proceeding.

               4.The Chairperson together with the Registrar shall ensure the proper implementation of the rules of procedure laid down by this Regulation.

               5.In case the Agency's Management Board has appointed more than one Board of Appeal, their Chairpersons shall collectively establish a methodology for the distribution of proceedings and inform the Registrar thereof.

               Article 5 — Role of the Rapporteur

               1.The rapporteur shall carry out a preliminary examination of the appeal and present the results of that examination to the other members of the Board of Appeal.

               2.The rapporteur shall prepare a draft of the findings of the Board of Appeal.

               Article 6 — Seat of the Board of Appeal

               The seat of the Board of Appeal shall be at the seat of the Agency.

               Article 7 — The Registrar

               1.The Board of Appeal shall be assisted in the exercise of its duties by one Registrar.

               2.The Registrar shall

               (a)register all proceedings with a number and inform the Board of Appeal and all parties thereof;

               (b)be responsible for the receipt, transmission and safe storage of all documents relevant to appeal and arbitration proceedings, for communicating with the parties, and for any other administrative tasks relating to the proceedings;

               (c)inform the parties of the member composition that will hear the case, and of any changes to that composition without undue delay;

               (d)inform the parties to the appeal about their right to object in accordance with Article 57(3) of Regulation (EU) 2016/796 to a member participating in the appeal procedure;

               (e)ensure that an announcement of the appeal is published on the Agency’s website, indicating at least the date of registration, the names and contacts of the parties, the language of proceedings and the contested decision;

               (f)check that all time-limits and other formal conditions for filing appeals are respected and notify the Board of Appeal thereof;

               (g)keep the minutes of the hearings, the examination of witnesses or experts and the deliberations of the Board of Appeal;

               (h)keep an archive of all decisions on appeal and arbitration proceedings issued by the Board of Appeal;

               (i)include the requests and the findings of the Board of Appeal in the information and communications system referred to in Article 12 of Regulation (EU) 2016/796 ('one-stop-shop').

               Article 8 — Appointment and responsibilities of the Registrar

               1.The Registrar shall be appointed from among the Agency staff by the Board of Appeal on a proposal by the Agency. In case of more than one Board of Appeal by consensus.

               2.The Registrar may not participate in any tasks or proceedings of the Agency relating to decisions which may be the subject of appeals under Article 60 of Regulation (EU) 2016/796.

               3.The Registrar shall exercise its duties under the supervision and instructions of the Chairperson of the Board of Appeal.

               4.The Registrar may be assisted by staff to which this Article shall also apply.

               CHAPTER II

               Appeal

               Article 9 —Filing and notification of an Appeal

               1.An appeal shall be filed with the Board of Appeal through the Registrar in the electronic format provided for appeals within two months of the dates referred to in Article 59(2) of Regulation (EU) 2016/796.

               2.The Appeal shall contain, as applicable:

               (a)the name and address of the appellant;

               (b)where the appellant has appointed a representative, the name and address of the representative of the appellant;

               (c)an address for receiving mail in electronic format;

               (d)where the appellant is a legal person, it shall provide the Registrar with the instrument or instruments constituting and regulating that legal person or a recent extract from the register of companies, firms or associations or any other proof of its existence in law;

               (e)the reference to the decision which is being contested and the remedy sought by the appellant:

               (f)the arguments relied on;

               (g)where appropriate, the nature of any evidence in support and a statement explaining the facts for which the evidence is offered in support;

               (h)where appropriate, an application for confidential treatment of documents or parts thereof;

               (i)where the appellant is not the person to which the contested decision has been addressed, the reasons for being directly or indirectly concerned by the decision and evidence as to the date her/he first got knowledge of the decision.

               3.If the appeal does not contain the information listed in paragraph 2, the Registrar shall prescribe a period of not more than ten working days within which the appellant has to deliver. The Registrar shall fix such period only once. During that period, time shall not run for the purposes of calculating the time-limit set out in Articles 58 and 62 of Regulation (EU) 2016/796.

               4.The Registrar shall notify the appeal to the Board of Appeal, the Agency and any other identifiable party involved within one working day from filling of the appeal.

               Article 10 —Confidentiality

               1.Any application for confidential treatment shall identify the words, particulars, figures or passages for which confidentiality is claimed and state the specific reasons. Failure to provide such information may result in the application being rejected by the Board of Appeal.

               2.The Chairperson shall decide whether information indicated in an application pursuant to Article 9(2)(h) is to be regarded as confidential and shall ensure that any information which is regarded as confidential is not published.

               Article 11 — Inadmissibility of the appeal

               The Board of Appeal may rule an appeal inadmissible on the basis of one or more of the following grounds:

               (a)the appeal fails to meet the formal requirements set out in Article 9;

               (b)the appellant has exceeded the time-limit for lodging an appeal;

               (c)the appeal is not brought against a decision subject to appeal;

               (d)the appellant is neither an addressee of the decision challenged by the appeal nor able to demonstrate a direct and individual concern.

               Article 12 — Conflict of interest

               1.After an appeal has been filed with the Board of Appeal, each member that identifies a potential conflict of interest shall make a reasoned declaration in accordance with Article 57(2) of Regulation (EU) 2016/796, and submit it to the Chairperson.

               2.Parties to the appeal shall be informed of each declaration without undue delay.

               3.An objection by a party to the appeal shall be admissible if it is made within ten working days from the date on which the party raising the objection obtained knowledge of the facts giving rise to the objection.

               4.The member concerned shall be notified of the objection and shall be invited to respond to the Chairperson within five working days of receipt of the notification.

               5.The Board of Appeal shall without undue delay decide on the exclusion of the member concerned in accordance with Article 57 (2) of Regulation (EU) 2016/796 from the proceedings. The member concerned shall abstain from that decision.

               6.The exclusion of the member concerned is temporary and shall apply to the appeal or arbitration proceedings with regard to which the objection was raised. Replacement of the excluded member or Chairperson shall be ensured in accordance with Article 3.

               Article 13 —Interlocutory revision procedure

               1.In accordance with Article 60 of Regulation (EU) 2016/796 any appeal against a decision taken by the Agency pursuant to Articles 14, 20, 21 and 22 of Regulation (EU) 2016/796 or a failure of the Agency to act within the applicable time limits shall be subject to interlocutory revision before being put to the Board of Appeal for examination.

               2.Upon filling of the appeal, the Agency shall have one month to take one of the following actions:

               (a)rectify the decision or failure to act;

               (b)confirm the contested decision and provide reasons;

               (c)assert that the interlocutory revision does not apply in accordance with Article 60(1) second sentence of Regulation (EU) 2016/796, and give reasons;

               (d)provide reasons for which it considers the appeal inadmissible.

               3.In all cases mentioned above the Agency shall inform the Registrar of its action and provide all necessary supporting documents, as appropriate.

               4.In the case referred to in point (a) of paragraph 2, the Agency shall issue its decision and the Registrar shall close the appeal procedure and inform all the parties to the proceedings thereof.

               5.In the cases referred to in points (b), (c) and (d) of paragraph 2, the Registrar shall notify the appellant and refer the proceedings to the Board of Appeal for examination.

               6.Within ten working days of the day of notification of the referral, the appellant may withdraw its appeal.

               7.The date of the referral for examination to the Board of Appeal shall be considered the date of filing relevant for the purposes of calculating the time-limit set out in Articles 58 and 62 of Regulation (EU) 2016/796.

               8.In case of referral the Agency may decide to suspend the application of the decision under appeal.

               Article 14 — Statement of Defence

               1.The Agency shall submit a statement of defence within one month following the date of notification of the appeal.

               2.In cases where the interlocutory revision in Article 13 is applicable, a statement of defence may be submitted for points 2 (c) and (d). The reasons provided in point (b) shall act as a statement of defence.

               3.The statement of defence shall contain reasons and provide all supporting documents.

               4.Where the Agency fails to submit a statement of defence the proceedings shall continue without it.

               Article 15 — Intervention

               1.The Board of Appeal may grant any person demonstrating a legitimate interest in the result of the proceedings, the right to intervene in the proceedings before it.

               2.An application to intervene shall be submitted within ten working days following the publication of the announcement of the appeal on the website of the Agency.

               3.The application to intervene shall be notified to the parties to give them the opportunity to make any observations they consider necessary before the Board of Appeal delivers its decision on the intervention.

               4.The intervention shall support or oppose in whole or in part the remedy sought by one of the parties. The intervention shall not confer the same procedural rights as those already conferred on the parties.

               Article 16 — Content of the application to intervene

               1.The application to intervene shall contain:

               (a)the name and address of the intervener;

               (b)the name and the address of the representative of the intervener, if applicable;

               (c)an address for service, if different from that under points (a) and (b);

               (d)reference to the proceedings for which the application is submitted;

               (e)a statement in support of or opposing, in whole or in part, the remedy sought by one of the parties;

               (f)the pleas and the arguments of fact and law relied on;

               (g)the relevant supporting evidence, where appropriate.

               2.After the intervention has been submitted, the Chairperson shall prescribe a time-limit of a maximum of ten working days within which the parties may reply to the intervention.

               Article 17 —Request for Suspension

               1.The Board of Appeal may grant a suspension of the contested decision where appellants have demonstrated that there is urgent need to grant a suspension for the preservation of their rights and interests due to a risk of serious and irreparable damage to those rights and interests.

               2.The Chairperson may invite the opposing party to submit written observations on the request.

               Article 18 –Stay of Proceedings

               1.The Board of Appeal may order a stay of proceedings by agreement of all parties involved in the appeal for a maximum period of ten working days.

               2.The order shall state the duration of stay and the reasons for it.

               3.While proceedings are stayed all procedural time-limits shall be suspended.

               CHAPTER III

               Arbitration

               Article 19 — Request for Arbitration

               1.A request for arbitration in accordance with Article 61 of Regulation (EU) 2016/796 may be filed by the national safety authority or authorities concerned.

               2.It shall be filed with the Registrar which shall notify the Agency and the Board of Appeal thereof within one working day.

               Article 20 — Request for ERTMS Arbitration

               1.The Agency shall notify the Registrar of a coordination process in accordance with Article 30(2) of Regulation (EU) 2016/796, and of the parties and deadlines involved.

               2.In the absence of a mutually acceptable solution after one month of coordination the Registrar shall refer the proceedings to the Board of Appeal for arbitration, and inform the parties involved thereof.

               Article 21 — Procedure for Arbitration

               1.The Board of Appeal shall have one month to decide whether to uphold the Agency's position.

               2.Any appropriate provision in Chapter II applies mutatis mutandis.

               Article 22 — Decision of the Board of Appeal

               The decision of the Board of Appeal shall contain at least the following elements:

               (a)the names of the parties and of their representatives, if applicable;

               (b)a summary of the disputed facts and issues;

               (c)the respective positions and arguments of the parties;

               (d)an analysis of the findings ;

               (e)operative part containing the decision;

               CHAPTER IV

               Common Procedural Requirements

               Section 1 - Language

               Article 23 — Language of the proceedings

               1.If the appellant is the addressee of the decision under appeal, the appeal shall be filed in the language of the procedure leading to the decision under appeal.

               2.If the appellant is not the addressee of the decision under appeal, the appeal may be filed in any of the official languages of the Union.

               3.The request for arbitration may be filed in any of the official languages of the Union. The arbitration proceedings shall be carried out in the language of the National Safety Authority involved.

               4.The language referred to in paragraph 1, 2 and 3 shall be the language of the appeal or arbitration proceedings. It shall be used in the written and oral proceedings and in all communications with the parties.

               5.All technical and supporting documents annexed to the appeal, arbitration request or the defence shall be submitted in the language of the proceedings.

               6.The findings of the Board of Appeal shall be made in the language of the proceedings.

               7.The interveners shall use the language of the proceedings.

               8.For the purposes of efficiency and cost reduction the Board of Appeal may derogate from the above mentioned paragraphs for written and oral proceedings or parts thereof, including individual documents and/or oral interventions, provided that all the parties agree to reach an alternative agreement. Upon request the Board of Appeal shall take record of such an agreement and any conditions on which it might be based.

               Article 24 — Translation

               1.All expenses relating to the translation of annexed technical and other supporting documents into the language of proceedings shall be borne by the party submitting the document.

               2.Translation and interpretation requested by the Board of Appeal shall be kept to the minimum and the costs borne by the Agency.

               3.In case of translation the party concerned shall provide a certified translation.

               Section 2 – The Procedure

               Article 25 — Procedural measures

               1.Procedural measures may be ordered by the Chairperson at any time during the procedure, with or without request by the parties.

               2.Measures referred to in paragraph 1 may include, in particular:

               (a)interviewing parties, witnesses or experts and any other person holding information decisive for the proceedings;

               (b)requesting written and oral submissions on decisive aspects of the proceedings;

               (c)requesting submission of documentation;

               (d)commissioning of an expert’s report;

               (e)inspections and audits decisive for the proceedings.

               Article 26 — Extension of time limits in exceptional circumstances

               In exceptional circumstances where the party concerned proves the existence of abnormal and unforeseeable circumstances which were outside their control and the consequences of which could not have been avoided in spite of the exercise of all due care, the Board of Appeal may adapt any time limit prescribed pursuant to this Regulation, while ensuring equally balanced rights of all parties to the proceedings.

               Article 27 — Documents submitted to launch the proceedings or for further evidence

               1.For the purpose of calculating time-limits, a document shall only be considered to have been submitted when it is received by the Registrar, who must acknowledge receipt of the document.

               2.Documents shall indicate the appeal or arbitration proceeding number which was allocated by the Registrar when the appeal or arbitration was first submitted.

               3.The maximum number of pages for procedural documents shall be as follows:

               (a)20 pages for the appeal and the defence; and

               (b)10 pages for each intervention.

               The page limits do not apply to the annexes in the procedural documents.

               4.Authorisation to exceed the maximum lengths referred to in paragraph 3 shall be granted by the Registrar in agreement with the Chairperson and only in proceedings involving particularly complex factual issues.

               Article 28 — Deliberations

               The deliberations of the Board of Appeal shall be confidential and subject to Article 4(3) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council
                  2
               .

               Deliberations may be held in any appropriate format and are not limited to physical meetings.

               Article 29 — Witnesses, experts and hearings

               1.The Board of Appeal may hear witnesses at the request of one of the parties on decisive facts having an impact on the outcome of the proceedings. A request by a party to hear a witness shall state on which decisive facts the witness shall be heard and the relevant grounds for calling the witness.

               2.The Board of Appeal may hear experts to clarify specific aspects of the proceedings, or appoint an expert to deliver a report.

               3.When appointing experts to deliver a report the Board of Appeal shall define their tasks and set a time-limit within which the report shall be submitted.

               4.Before giving evidence, the expert shall declare any direct or indirect personal interest which they may have in the outcome of the proceedings, in particular if they have previously acted as a representative of one of the parties or have participated in the procedure leading to the decision under appeal or in related arbitration proceedings.

               5.If one of the parties objects an expert for reasons of a potential conflict of interest the matter shall be decided upon by the Board of Appeal by applying Article 12 mutatis mutandis.

               6.If the Board of Appeal considers that there is a conflict of interest or a risk thereof, it may decide to hear an expert as witness instead.

               7.The Board of Appeal may hold an oral hearing if it considers this to be necessary for confirming evidence on decisive facts having an impact on the outcome of the proceedings and subject to efficiency considerations.

               Article 30 — New arguments or evidence

               1.The Board of Appeal shall decide until when new evidence or new pleas may be introduced.

               2.Where appropriate, the Board of Appeal shall call on the parties to submit observations or additional information within a time-frame that it shall determine.

               3.Where new evidence or new pleas are deemed admissible, the other parties shall be entitled to provide their observations.

               Section 3 – The decision

               Article 31 — Voting

               Decisions shall be taken by majority vote of a Board of Appeal. The Chairperson shall have a casting vote in case of a tie.

               Article 32 — Findings of the Board of Appeal

               1.The reasoned findings of the Board of Appeal shall be in writing. They shall contain at least the following elements:

               (a)the names of the members of the Board of Appeal taking part in the relevant proceedings;

               (b)the names of the parties and of their representatives, if applicable;

               (c)a summary of the relevant facts;

               (d)a statement of the form of order sought by the parties;

               (e)a summary of the parties’ arguments;

               (f)the grounds of admissibility ;

               (g)the operative part of the findings and the reasons on which they are based;

               (h)the date of their delivery.

               2.The findings shall be signed by the members of the Board of Appeal that decided upon those findings and by the Registrar.

               Article 33 — Final decision of the Agency on Appeals

               1.Where the Board of Appeal finds the grounds for appeal are founded, the Agency shall issue a final decision addressed to the parties concerned in compliance with the findings of the Board of Appeal within one month following the delivery of the findings of the Board of Appeal.

               2.The decision shall contain at least the following elements:

               (a)the names of the parties and of their representatives, if applicable;

               (b)the findings of the Board of Appeal;

               (c)the operative part of the decision and the reasons on which it is based;

               3.In cases where the Board of Appeal has confirmed the decision of the Agency, the Agency shall issue an invoice for the appeal in accordance with the Commission Implementing Regulation (EU) 2018/764
                  3
               .

               4.A summary of the findings of the Board of Appeal shall be published on the Agency's website.

               Section 4 – Cost of proceedings

               Article 34 — Costs of the parties

               1.The fee for an appeal shall be determined in accordance with Commission Implementing Regulation (EU) 2018/764.

               2.Each party participating in arbitration proceedings shall bear its own costs.

               Article 35 — Costs of participation

               1.Interveners shall bear their own costs.

               2.When participating in oral hearings, successful appellants shall be entitled to reimbursement of their travel and accommodation expenses and to compensation for loss of earnings to the extent deemed equitable by the Board of Appeal.

               3.When participating in oral hearings, witnesses shall be entitled to reimbursement of their travel and accommodation expenses and to compensation for loss of earnings to the extent deemed equitable by the Board of Appeal.

               4.Experts shall be entitled to payment of fees for their services based on the rate for experts assisting the Agency as well as reimbursement of their travel and accommodation expenses.

               5.The Agency's Management Board shall lay down detailed rules applicable to these reimbursements and payments.

               CHAPTER V

               Final provisions

               Article 36 — Remuneration fees for members of the Board of Appeal

               1.The members of the Board of Appeal shall be entitled to payment of fees for the performance of their duties as members of the Board of Appeal based on the remuneration scheme in the Annex.

               2.The members of the Board of Appeal shall be entitled to the reimbursement of expenses related to travel, accommodation and daily allowances incurred. The Agency's Management Board shall lay down detailed rules applicable to the calculation of these amounts.

               Article 37 — Duty of transparency

               Interested parties shall have access to documents drawn up or received by the Board of Appeal under the relevant provisions of Regulation (EC) No 1049/2001 and according to the policy on public access to documents applicable within the Agency.

               Article 38 — Guidelines and other relevant information

               1.The Board of Appeal shall adopt guidelines relevant for its proceedings by majority vote.

               2.They shall be published on the website of the Agency together with all other information relevant for appellants.

               Article 39 — Entry into force

               This Regulation shall enter into force on the twentieth day following 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, 13.6.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004, OJ L 138 of 26.5.2016, p. 1.

                     (2)

                        Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

                     (3)

                        Commission Implementing Regulation (EU) 2018/764 of 2 May 2018 on the fees and charges payable to the European Union Agency for Railways and their conditions of payment (OJ L 129, 25.5.2018, p. 68)

    ---documentbreak---

               ANNEX

                  REMUNERATION

               1.Remuneration allowance for appeal/arbitration proceedings (fees):

               (1)Members and alternates of the Board(s) of Appeal (hereafter BoA) shall be entitled to remuneration when assigned to an appeal/arbitration proceedings. The remuneration of members and alternates participating in the proceedings shall be 600 EUR per day of work on an appeal or arbitration proceeding, or 75 EUR per hour in case a full working day is not covered, with a maximum of 9,000 EUR per proceeding per person.

               (2)In the case of the Chairperson of the Board(s) of Appeal and the rapporteur of the proceedings, such remuneration amounts shall be of 700 EUR per day of work on an appeal or arbitration proceeding, or 87.5 EUR per hour in case a full working day is not covered with a maximum of 18,000 EUR respectively per proceeding per person.

                        Amount of remuneration per day dedicated to the proceeding per person

                        Maximum remuneration per proceeding per person

                        Members and alternates in replacement function

                        600 EUR

                        9 000 EUR

                        Chairperson and the rapporteur of the assigned proceedings

                        700 EUR

                        18 000 EUR

               2.Remuneration for participation in meetings of the Board(s) of Appeal not related to appeal/arbitration proceedings:

               The Board of Appeal or individual members may meet for organisation and administration matters. The remuneration for participation in such meetings shall be 600 EUR per meeting. The number of such meetings shall not exceed six meetings per calendar year. The Agency shall assist in organising such meetings.

                        Amount of remuneration per meeting per person

                        Maximum meetings per year per person

                        Members and alternates of the Board of Appeal

                        600 EUR

                        six meetings

               3.Remuneration for participation in other meetings

               Board(s) of Appeal members and alternates are also entitled to reimbursement of travel and accommodation expenses in relation to ad hoc meetings not falling within the categories described under 1 and 2, subject to invitation by the Agency.


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) 2017/1153 to clarify and simplify the correlation procedure and to adapt it to changes to Regulation (EU) 2017/1151

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 16.7.2018

               amending Implementing Regulation (EU) 2017/1153 to clarify and simplify the correlation procedure and to adapt it to changes to Regulation (EU) 2017/1151

               (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 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 the first subparagraph of Article 13(7) thereof,

               Whereas:

               (1)Based on the experience gained from the implementation of Commission Regulation (EU) 2017/1151
                  2
                and Commission Implementing Regulation (EU) 2017/1153
                  3
               , it has become evident that certain elements of the latter Regulation should be amended.

               (2)It is necessary to complement the existing method for defining the end-points of the interpolation line used for calculating the NEDC CO2 emission value of an individual vehicle. Those end-points, which are represented by a test vehicle with the highest CO2 emission values, and test vehicle with the lowest values, should be defined so that the difference between the two test vehicles high and low is equal to or higher than 5 g CO2/km.

               (3)In order to avoid that the CO2 emission values of individual vehicles are determined on the basis of interpolation lines that do not provide the minimum difference, it is appropriate that this amendment enters into force without delay.

               (4)Where for the purpose of type approval under Regulation (EU) 2017/1151, road load matrix families are used, the calculation of the CO2 emission value of an individual vehicle belonging to such a family should be simplified by deriving the road load coefficients to be used for the calculation of the NEDC CO2 value from the road load coefficients of the individual vehicle as determined under Regulation (EU) 2017/1151.

               (5)In order to ensure a robust correlation output, it is appropriate to add the number of cylinders as an input to be provided for the correlation tool.

               (6)The opportunity should also be taken to correct some editorial errors in the text.

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

               HAS ADOPTED THIS REGULATION:

               Article 1

               Annex I to Implementing Regulation (EU) 2017/1153 is amended in accordance with the Annex to this Regulation

               Article 2

               This Regulation shall enter into force on the seventh 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, 16.7.2018

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

                     (3)

                        Commission Implementing Regulation (EU) 2017/1153 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure (OJ L 175, 7.7.2017, p. 679).

    ---documentbreak---

               ANNEX

               Annex I is amended as follows:

               (1)the third paragraph of point 2.3.1. is replaced by the following:

               'MRO is the mass in running order as defined in Article 3(1)(d) of Regulation (EC) No 443/2009 for vehicles H, L and R respectively.';

               (2)point 2.3.8.1. is replaced by the following:

               '2.3.8.1. In the case of WLTP road loads being determined in accordance with paragraphs 1-4 and 6 of Sub-Annex 4 to Annex XXI to Regulation (EU) 2017/1151

               The NEDC road load coefficients shall be calculated in accordance with the formulae specified in point 2.3.8.1.1. (for vehicle H) and in point 2.3.8.1.2. (for vehicle L) and with the following points (a) and (b).

               Unless otherwise specified the formulae shall apply both in the case of simulations and in the case of physical vehicle tests.

               The type approval authority or, where applicable, the technical service shall verify if the wind-tunnel facility referred to in paragraph 3.2.3.2.2.3. in Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151 is qualified to accurately determine the Δ(Cd×Af) values. If the wind-tunnel facility is not qualified, the highest aerodynamic drag value shall apply for all vehicles in the family.

               (a) The WLTP road load coefficients and test mass values referred to in the formulae set out in points 2.3.8.1.1. and 2.3.8.1.2. shall be those resulting from vehicle H and L as determined for the interpolation family in accordance with paragraph 5 of Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151.

               (b) Notwithstanding point (a), where the cycle energy demand of the WLTP vehicle H and/or L does not result in the highest, or respectively, the lowest cycle energy demand for the NEDC vehicle H and/or L, the NEDC road load coefficients shall be determined in accordance with either of the following:

               (i)on the basis of the individual vehicle in the interpolation family with the highest, or respectively, the lowest NEDC cycle energy demand;

               (ii)on the basis of the combination of the highest, or respectively, the lowest of each of the road load relevant characteristics, i.e. aerodynamic drag, rolling resistance and mass, taken from any individual vehicle in the interpolation family.

               The choice of the procedure set out in points (i) or (ii) shall be made by the manufacturer.

               Point (b) shall apply for new emissions type approvals granted from 1 January 2019, or from an earlier date at the manufacturer’s request.

               (3)
                     in point 2.3.8.1.1. the following is inserted as the first paragraph:

               ‘Where this calculation procedure is used for an individual vehicle in accordance with point 4.2.1.4.2., the WLTP road loads and test mass corresponding to the NEDC individual vehicle shall be used with the influence of the optional equipment removed.’

               (4)the final paragraph of point 2.3.8.1.1.(c) is replaced by the following:

               ‘Where the factor F*2w,H is the road load coefficient F2 determined for the WLTP test of vehicle H from which the effect of all optional equipment has been removed.’;

               (5)the final paragraph of point 2.3.8.1.2.(c) is replaced by the following:

               ‘Where the factor F*2w,L is the road load coefficient F2 determined for the WLTP test of vehicle L from which the effect of all optional equipment has been removed.‘

               (6)point 2.3.8.2.1 (b) is replaced by the following:

               ‘(b)
                     NEDC road load coefficients where the NEDC tabulated values are not used

               In the case of vehicles designed for a technically permissible maximum laden mass equal to or exceeding 3 000 kg, the NEDC road load coefficients may, at the request of the manufacturer, be determined in accordance with point 2.3.8.1.’;

               (7)
                     the following point 2.3.8.3. is added:

               ‘2.3.8.3.
                     Extensions of emissions approvals granted pursuant to Regulation (EU) 2017/1151

               Where an emission approval pursuant to Regulation (EU) 2017/1151 is extended due to the addition of new vehicles to the CO2 interpolation family with NEDC CO2 emissions higher than those of vehicle H or lower than those of vehicle L, the following shall apply for the purpose of the correlation:

               (a)Where the difference between NEDC vehicle H and L of the interpolation family concerned is equal to or higher than 5g CO2/km, the NEDC interpolation line determined for that family can be extended, provided that the NEDC CO2 emissions, determined pursuant to point 3 of this Annex on the basis of input data taken from the WLTP test referred to in point 3.1.1. of Annex I to Regulation (EU) 2017/1151, are equal to or below the CO2 emissions determined on the basis of the NEDC interpolation line;

               (b)Where the difference between NEDC vehicle H and L is lower than 5g CO2/km, the interpolation line may not be extended.

               In the case (a), the reference CO2 emissions shall be determined without the selection referred to in points 3.1.1.2 and 3.2.6 of this Annex.

               In the case (b), or in the case the reference CO2 emissions referred to in point (a) are higher than the existing interpolation line, the NEDC vehicle H and L shall be determined in accordance with points 2 and 3 of this Annex.

               Point (a) shall apply with regard to extensions to new types granted from 1 January 2019, or from an earlier date at the manufacturer’s request.’

               (8)Table 1 of point 2.4 is amended as follows:

                  (a)
                     in entry 66 the text of the first column is replaced by the following:

                     'Interpolation family identification number'

                  (b)
                     the following entry 68 is added:

                           ‘68

                        Number of cylinders

                        -

                        Manufacturer declaration

                        Number

                        (To be provided at the latest from 1 January 2019)’

               (9)in point 3.1.1.1.(c) the point (i) is replaced by the following:

                  '(i)
                     the interpolation family identification number'

               (10)point 3.3.4 shall be deleted;

               (11)point 4.2.1.4. is replaced by the following:

               ‘4.2.1.4.
                     Calculation of the road load for an individual vehicle in a WLTP interpolation family

               4.2.1.4.1. Road load coefficients derived from NEDC vehicle H and L

               The road load coefficients F0,n, F1,n and F2,n for vehicles H and L determined in accordance with point 2.3.8. are referred to as F0n,H, F1n,H and F2n,H and F0n,L, F1n,L and F2n,L respectively.

               The road load coefficients f0n,ind, f1n,ind and f2n,ind for an individual vehicle shall be calculated in accordance with the following formula:

               For new emission type approvals granted from 1 January 2019, or prior to that date, on the manufacturer’s request, the road load coefficients shall be calculated in accordance with the following formula:

               4.2.1.4.2.
                     Road load coefficients derived from WLTP road load coefficients of individual vehicles

               From 1 January 2019 for new type approvals and from 1 January 2020 for all new vehicles entering into service, or prior to those dates at the request of the manufacturer, the NEDC road loads for an individual vehicle shall be derived from the WLTP road load coefficients of that vehicle in any of the following cases:

               (a)if the CO2 emission value, the cycle energy demand, or any of the road load coefficients f0, f1 or f2 calculated in accordance with point 4.2.1.4.1., is to be extrapolated from NEDC vehicle H or L;

                (b)if the road load coefficients for NEDC vehicle H and L are derived from different road load families;

               (c)if the individual vehicle belongs to a road load family different to the road load family of NEDC vehicle H and/or L;

               (d)if the individual vehicle belongs to a road load matrix family.

               The NEDC road load coefficients shall, in the cases (a) to (d), be calculated using the formulae set out in point 2.3.8.1.1., where references to vehicle H shall be considered as references to the individual vehicle.

               In the case (a), CO2 extrapolation may only be performed, if the difference between the NEDC vehicle H and L is equal to or higher than 5g CO2/km. The interpolation line may in that case be extrapolated by a maximum of 3g CO2/km above the CO2 emissions of vehicle H, or below the CO2 emissions of vehicle L. If the extrapolation exceeds 3g CO2/km, or the difference between NEDC vehicle H and L is less than 5g CO2/km, the manufacturer shall determine a new interpolation line for that interpolation family in accordance with point 2 and 3 of this Annex.’

               (12)point 4.2.1.4a. is deleted.