title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) 2016/6 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station

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

               of 10.11.2017

               amending Implementing Regulation (EU) 2016/6 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station

               (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 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety
                  1
               , and in particular Article 53(1)(b)(ii) thereof,

               Whereas:

               (1)Article 53 of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Union emergency measures for food and feed imported from a third country in order to protect public health, animal health or the environment, where the risk cannot be contained satisfactorily by means of measures taken by the Member States individually.

               (2)Following the accident at the Fukushima nuclear power station on 11 March 2011, the Commission was informed that radionuclide levels in certain food products originating in Japan exceeded the action levels in food applicable in Japan. Such contamination may constitute a threat to public and animal health in the Union and therefore Commission Implementing Regulation (EU) No 297/2011
                  2
                was adopted. That Regulation was replaced by Commission Implementing Regulation (EU) No 961/2011
                  3
                which was later replaced by Commission Implementing Regulation (EU) No 284/2012
                  4
               . The latter was replaced by Commission Implementing Regulation (EU) No 996/2012
                  5
                which was later replaced by Commission Implementing Regulation (EU) No 322/2014
                  6
                and which was in turn replaced by Commission Implementing Regulation (EU) No 2016/6
                  7
               .

               (3)Since Implementing Regulation (EU) No 2016/6 provides that the measures provided therein are to be reviewed by 30 June 2016 and in order to take into account the further development of the situation and occurrence data for 2015 and 2016 on radioactivity in feed and food, it is appropriate to amend Implementing Regulation (EU) No 2016/6.

               (4)Council Regulation (Euratom) 2016/52
                  8
                repeals Council Regulation (Euratom) No 3954/87
                  9
                and Commission Regulation (Euratom) No 770/90
                  10
                and therefore it is appropriate to amend the references to these Regulations accordingly.

               (5)The existing measures have been reviewed taking into account more than 132 000 occurrence data on radioactivity in feed and food other than beef and more than 527 000 occurrence data on radioactivity in beef, provided by the Japanese authorities concerning the fifth and sixth growing season (January 2015 until December 2016) after the accident.

               (6)The data submitted by the Japanese authorities provide evidence that no exceedance of the maximum levels of radioactivity were observed in feed and food originating from Akita during the fifth and sixth growing season after the accident and it is no longer necessary to require the sampling and analysis of feed and food originating in the prefectures of Akita regarding the presence of radioactivity before export to the Union.

               (7)For feed and food products originating in the prefecture of Fukushima, taking into account the occurrence data provided by the Japanese authorities for 2014, 2015 and 2016, it is appropriate to lift the requirement of sampling and analysis before export to the Union for rice and products derived thereof. For the other feed and food originating in that prefecture, it is appropriate to maintain the requirement of sampling and analysis before export to the Union.

               (8)As regards the prefectures of Gunma, Ibaraki, Tochigi, Iwate and Chiba, it is currently required to sample and analyse mushrooms, fish and fishery products and certain edible wild plants and the processed and derived products thereof, before export to the Union. The occurrence data for the fifth and sixth growing season provide evidence that for some of those feed and food commodities originating from certain prefectures, it is appropriate to no longer require sampling and analysis before export to the Union.

               (9)As regards the prefectures of Akita, Yamagata and Nagano, it is currently required to sample and analyse mushrooms and certain edible wild plants and the processed and derived products thereof before export to the Union. The occurrence data for the fifth and sixth growing season provide evidence that it is no longer necessary to require the sampling and analysis of feed and food originating in the prefecture of Akita and it is appropriate to no longer require sampling and analysis before export to the Union for some of the edible wild plants from the prefectures of Yamagata and Nagano.

               (10)The occurrence data from the fifth and sixth growing season provide evidence that it is appropriate to maintain the requirement for sampling and analysis before export to the Union for mushrooms originating from the prefectures of Shizuoka, Yamanashi and Niigata.

               (11)Taking into account the occurrence data from the fifth and sixth growing season, it is appropriate to structure the provisions of Implementing Regulation (EU) No 2016/6 in a manner that prefectures of which the same feed and food has to be sampled and analysed before export to the Union are grouped together.

               (12)The controls performed at import show that the special conditions provided for by Union law are correctly implemented by the Japanese authorities and non-compliance has not been found at import controls for more than five years. Therefore, it is appropriate to keep the low frequency of controls at import.

               (13)It is appropriate to provide for a review of the provisions of Implementing Regulation (EU) No 2016/6 when the results of sampling and analysis on the presence of radioactivity of feed and food of the seventh and eight growing season (2017 and 2018) after the accident are available, i.e. by 30 June 2019.

               (14)Implementing Regulation (EU) No 2016/6 should therefore be amended accordingly.

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

               HAS ADOPTED THIS REGULATION:

               Article 1

               Implementing Regulation (EU) No 2016/6 is amended as follows:

               (1)In Article 1, the introductory sentence is replaced by the following:

               "This Regulation shall apply to feed and food, including minor food, within the meaning of Article 1 of Council Regulation (Euratom) No 2016/52(*) ('the products') originating in or consigned from Japan, with the exclusion of:

               ____________________________

               (*)OJ L 13, 20.1.2016, p. 2".

               (2)Article 5 is amended as follows:

               (a)Paragraph (1) is replaced by the following:

               "1.Each consignment of feed and food referred to and falling under the CN codes mentioned in Annex II and the compound feed and food containing more than 50 % of these feed and food, originating in or consigned from Japan, shall be accompanied by a valid original declaration drawn up and signed in accordance with Article 6";

               (b)Paragraph (3) (c) is replaced by the following:

               "(c)the product is consigned from but does not originate in one of the prefectures listed in Annex II, for which the sampling and analysis of this product is required and has not been exposed to radioactivity during transiting or processing; or"

               (c)Paragraph (4) is replaced by the following:

               "4.Fish and fishery products referred to in Annex II, caught or harvested in the coastal waters of the prefectures of Fukushima, Gunma, Tochigi, Miyagi, Ibaraki, Chiba or Iwate shall be accompanied by a declaration referred to in paragraph 1 and by an analytical report containing the results of sampling and analysis, irrespective of where such products are landed.".

               (3)Article 14 is replaced by the following:

               "Article 14
                  Review

               This Regulation shall be reviewed before 30 June 2019."

               (4)Annex I is replaced by the text set out in Annex I to this Regulation.

               (5)Annex II is replaced by the text set out in Annex II to this Regulation.

               (6)Annex III is replaced by the text set out in Annex III to this Regulation.

               Article 2
                  Transitional provision

               Consignments of feed and food falling under the scope of Implementing Regulation (EU) No 2016/6 which left Japan prior to the entry into force of this Regulation may be imported into the Union under the conditions laid down by Implementing Regulation (EU) No 2016/6 prior to its amendment by 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, 10.11.2017

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)
                  OJ L 31, 1.2.2002, p. 1.

                     (2)
                  Commission Implementing Regulation (EU) No 297/2011 of 25 March 2011 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station (OJ L 80, 26.3.2011, p. 5).

                     (3)
                  Commission Implementing Regulation (EU) No 961/2011 of 27 September 2011 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Regulation (EU) No 297/2011
                     (OJ L 252, 28.9.2011, p. 10).

                     (4)
                  Commission Implementing Regulation (EU) No 284/2012 of 29 March 2012 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No 961/2011 (OJ L 92, 30.3.2012, p. 16).

                     (5)
                  Commission Implementing Regulation (EU) No 996/2012 of 26 October 2012 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No 284/2012 (OJ L 299, 27.10.2012, p. 31).

                     (6)
                  Commission Implementing Regulation (EU) No 322/2014 of 28 March 2014 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station (OJ L 95, 29.3.2014, p. 1).

                     (7)
                  Commission Implementing Regulation (EU) No 2016/6 of 5 January 2016 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) N0 322/2014
                     (OJ L 3, 6.1.2016, p. 5).

                     (8)
                  Council Regulation (Euratom) 2016/52 of 15 January 2016 laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency, and repealing Regulation (Euratom) No 3954/87 and Commission Regulations (Euratom) No 944/89 and (Euratom) No 770/990 (OJ L 13, 20.1.2016, p. 2).

                     (9)
                  Council Regulation (Euratom) No 3954/87 of 22 December 1987 laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency (OJ L 371, 30.12.1987, p. 11).

                     (10)
                  Commission Regulation (Euratom) No 770/90 of 29 March 1990 laying down maximum permitted levels of radioactive contamination of feedingstuffs following a nuclear accident or any other case of radiological emergency (OJ L 83, 30.3.1990, p. 78).

    ---documentbreak---

               EN

               ANNEX

               ANNEX I

               Annex I to Regulation (EU) 2016/6 is replaced by the following:

               "ANNEX I

               Maximum levels for food1 (Bq/kg) as provided for in the Japanese legislation

                        Foods for infants and young children

                        Milk and milk-based drinks

                        Mineral water and similar drinks and tea brewed from unfermented leaves

                        Other food

                        Sum of caesium134 and caesium137

                        502

                        502

                        102

                        1002

               (1)For dried products that are intended to be consumed in a reconstituted state, the maximum level applies to the reconstituted product as ready for consumption.

               For dried mushrooms a reconstitution factor of 5 is of application.

               For tea, the maximum level applies to the infusion brewed from unfermented tea leaves. The processing factor for dried tea is 50, and therefore a maximum level of 500 Bq/kg on dried tea leaves ensures that the level in the brewed tea does not exceed the maximum level of 10 Bq/kg.

               (2)In order to ensure consistency with maximum levels currently applied in Japan, these values replace on a provisional basis the values laid down in Regulation (Euratom) No 2016/52.

               Maximum levels for feed1 (Bq/kg) as provided for in the Japanese legislation

                        Feed intended for cattle and horses

                        Feed intended for pigs

                        Feed intended for poultry

                        Feed for fish3

                        Sum of caesium134 and caesium137

                        1002

                        802

                        1602

                        402

               (1)Maximum level is relative to feed with a moisture content of 12 %.

               (2)In order to ensure consistency with maximum levels currently applied in Japan, these values replace on a provisional basis the values laid down in Regulation (Euratom) No 2016/52.

               (3)With the exemption of feed for ornamental fish."

               ANNEX II

               Annex II to Regulation (EU) 2016/6 is replaced by the following:

               "ANNEX II

               Feed and food for which sampling and analysis regarding the presence of caesium134 and caesium137 are required before export to the Union

               (a)products originating in the prefecture of Fukushima:

               –mushrooms and derived products thereof falling within CN codes 0709 51 00, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59 00, 0712 31 00, 0712 32 00, 0712 33 00, ex 0712 39 00, 2003 10, 2003 90 and ex 2005 99 80;

               –fish and fishery products falling within CN codes 0302, 0303, 0304, 0305, 0308, 1504 10, 1504 20, 1604 with the exception of:

               −
                     Japanese amberjack (Seriola quinqueradiata) and yellowtail amberjack (Seriola lalandi) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 5985, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

               −
                     greater amberjack (Seriola dumerili) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 5985, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

               −
                     Japanese seabream (Pagrus major) falling within CN codes 0302 85 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 5985, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

               −
                     white trevally (Pseudocaranx dentex) falling within CN codes falling within CN codes ex 0302 49 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 5985, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

               −
                     Pacific bluefin tuna (Thunnus orientalis) falling within CN codes ex 0302 35, ex 0303 45, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

               −
                     Pacific chub mackerel (Scomber japonicus) falling within CN codes ex 0302 44 00, ex 0303 54 10, ex 0304 49 90, ex 0304 59 90, ex 0304 89 49, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 30, ex 0305 54 90,  ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, 1604 15 and ex 1604 20 50;

               –soybeans and derived products thereof falling within CN codes 1201 90 00, 1208 10 00 and 1507;

               –giant butterbur or Japanese butterbur (fuki) (Petasites japonicus) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               –Aralia spp. and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               –bamboo shoot (Phyllostacys pubescens) and derived products thereof falling within CN codes ex 07 09 99, ex 0710 80, ex 0711 90, ex 0712 90, ex 2004 90 and 2005 91 00;

               –bracken (Pteridium aquilinum) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               –koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               –Japanese royal fern (Osmunda japonica) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               –ostrich fern (Matteuccia struthioptheris) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               –(Japanese) persimmon (Diospyros sp.) and products derived thereof falling within CN codes 0810 70 00, ex 0811 90, ex 0812 90 and ex 0813 50;

               (b)products originating in the prefectures of Miyagi

               –mushrooms and derived products thereof falling within CN codes 0709 51 00, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59 00, 0712 31 00, 0712 32 00, 0712 33 00, ex 0712 39 00, 2003 10, 2003 90 and ex 2005 99 80;

               –fish and fishery products falling within CN codes 0302, 0303, 0304, 0305, 0308, 1504 10, 1504 20, 1604 with the exception of:

               −
                     Japanese amberjack (Seriola quinqueradiata) and yellowtail amberjack (Seriola lalandi) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 5985, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

               −
                     greater amberjack (Seriola dumerili) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 5985, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

               −
                     Japanese seabream (Pagrus major) falling within CN codes 0302 85 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 5985, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

               −
                     white trevally (Pseudocaranx dentex) falling within CN codes falling within CN codes ex 0302 49 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 5985, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

               −
                     Pacific bluefin tuna (Thunnus orientalis) falling within CN codes ex 0302 35, ex 0303 45, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

               −
                     Pacific chub mackerel (Scomber japonicus) falling within CN codes ex 0302 44 00, ex 0303 54 10, ex 0304 49 90, ex 0304 59 90, ex 0304 89 49, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 30, ex 0305 54 90,  ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, 1604 15 and ex 1604 20 50;

               –Aralia spp. and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               –bamboo shoot (Phyllostacys pubescens) and derived products thereof falling within CN codes ex 07 09 99, ex 0710 80, ex 0711 90, ex 0712 90, ex 2004 90 and 2005 91 00;

               –bracken (Pteridium aquilinum) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               –koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               –Japanese royal fern (Osmunda japonica) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               –ostrich fern (Matteuccia struthioptheris) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               (c)products originating in the prefectures of Nagano

               –mushrooms and derived products thereof falling within CN codes 0709 51 00, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59 00, 0712 31 00, 0712 32 00, 0712 33 00, ex 0712 39 00, 2003 10, 2003 90 and ex 2005 99 80;

               –Aralia spp. and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               –koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               –Japanese royal fern (Osmunda japonica) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               –ostrich fern (Matteuccia struthioptheris) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               (d)products originating in the prefectures of Gunma, Ibaraki, Tochigi, Chiba or Iwate:

               –mushrooms and derived products thereof falling within CN codes 0709 51 00, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59 00, 0712 31 00, 0712 32 00, 0712 33 00, ex 0712 39 00, 2003 10, 2003 90 and ex 2005 99 80;

               –fish and fishery products falling within CN codes 0302, 0303, 0304, 0305, 0308, 1504 10, 1504 20, 1604 with the exception of:

               −
                     Japanese amberjack (Seriola quinqueradiata) and yellowtail amberjack (Seriola lalandi) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 5985, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

               −
                     greater amberjack (Seriola dumerili) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 5985, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

               −
                     Japanese seabream (Pagrus major) falling within CN codes 0302 85 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 5985, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

               −
                     white trevally (Pseudocaranx dentex) falling within CN codes falling within CN codes ex 0302 49 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 5985, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

               −
                     Pacific bluefin tuna (Thunnus orientalis) falling within CN codes ex 0302 35, ex 0303 45, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

               −
                     Pacific chub mackerel (Scomber japonicus) falling within CN codes ex 0302 44 00, ex 0303 54 10, ex 0304 49 90, ex 0304 59 90, ex 0304 89 49, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 30, ex 0305 54 90,  ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, 1604 15 and ex 1604 20 50;

               –bamboo shoot (Phyllostacys pubescens) and derived products thereof falling within CN codes ex 07 09 99, ex 0710 80, ex 0711 90, ex 0712 90, ex 2004 90 and 2005 91 00;

               –koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               (e)products originating in the prefectures of Yamanashi, Yamagata, Shizuoka or Niigata:

               –mushrooms and derived products thereof falling within CN codes 0709 51 00, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59 00, 0712 31 00, 0712 32 00, 0712 33 00, ex 0712 39 00, 2003 10, 2003 90 and ex 2005 99 80;

               –koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

               (f)compound products containing more than 50 % of the products listed under points (a) to (e) of this Annex.

               ANNEX III

               Annex III to Regulation (EU) 2016/6 is replaced by the following:

               "ANNEX III

               Declaration for the import into the Union of

               ………………………………………………………… (Product and country of origin)

               Batch Identification Code
                     Declaration Number

               In accordance with Commission Implementing Regulation (EU) 2016/6 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station the

                  (authorised representative referred to in paragraph 2 or 3 of Article 6 of Implementing Regulation (EU) 2016/6)

               DECLARES that the

                  (products referred to in Article 5(1) of Implementing Regulation (EU) 2016/6)

               of this consignment composed of:

                  (description of consignment, product, number and type of packages, gross or net weight)

               embarked at
                     (embarkation place)

               on
                     (date of embarkation)

               by
                     (identification of transporter)

               going to
                     (place and country of destination)

               which comes from the establishment

                  (name and address of establishment)

               is compliant with the legislation in force in Japan as regards the maximum levels for the sum of caesium-134 and caesium-137.

               DECLARES that the consignment concerns:

               products referred to in Annex II to Implementing Regulation 2016/6 as amended by Regulation (EU) 2017/xxx, which have been harvested and/or processed before 11 March 2011;

               products referred to in Annex II to Implementing Regulation 2016/6 as amended by Regulation (EU) 2017/xxx, which do not originate in and are not consigned from one of the prefectures listed in Annex II to Implementing Regulation (EU) 2016/6 as amended by Regulation (EU) 2017/xxx, for which the sampling and analysis of this product is required;

               products referred to in Annex II to Implementing Regulation 2016/6 as amended by Regulation (EU) 2017/xxx, which are consigned from but do not originate in one of the prefectures listed in Annex II to Implementing Regulation (EU) 2016/6 as amended by Regulation (EU) 2017/xxx, for which the sampling and analysis of this product is required and have not been exposed to radioactivity during transiting or processing;

               products referred to in Annex II to Implementing Regulation 2016/6 as amended by Regulation (EU) 2017/xxx, which originate in one of the prefectures listed in Annex II to Implementing Regulation (EU) 2016/6 as amended by Regulation (EU) 2017/xxx, for which the sampling and analysis of this product is required, and have been sampled on(date) and subjected to laboratory analysis on
                  (date) in the(name of laboratory), to determine the level of the radionuclides, caesium-134 and caesium-137. The analytical report is attached;

               products referred to in Annex II to Implementing Regulation 2016/6 as amended by Regulation (EU) 2017/xxx of unknown origin or a derived product thereof or a compound feed or food containing more than 50 % of those products as (an) ingredient(s) of unknown origin, which have been sampled on ………………………………(date) and subjected to laboratory analysis on………………………………………..(date) in the ………………………………………… (name of laboratory), to determine the level of the radionuclides, caesium-134 and caesium-137. The analytical report is attached.

               Done at
                     on

               Stamp and signature of the
                  authorised representative referred to in
               Article 6(2) or (3) of Implementing
                Regulation (EU) 2016/6


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

               of 21.2.2018

               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 CO 2 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 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 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 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 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 (EU) 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 from [… 2018] [OPOCE please insert the date of entry into force of this amending Regulation].".

               (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:

               "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 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 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.".

               (1)Article 5 is amended as follows:

               (a)the title is replaced by the following:

               "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 sub-paragraph 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.".

               (2)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 sub-paragraph, 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 set out in Article 4[2][f](iv);";

               (ii)the last sub-paragraph 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 sub-paragraph 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 and, where applicable, interpolation family.";

               (d)Paragraph 4 is deleted.

               (3)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 sub-paragraph 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 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.".

               (4)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".

               (5)The title of Article 10 is replaced by the following:

               "Assessment of an application for the approval of an innovative technology as an eco-innovation".

               (6)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 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 sub-paragraph of paragraph 4, the value "1 g CO2/km" is replaced by "0.5 g CO2/km".

               (7)Article 12 is amended as follows:

               (a)in paragraph 1, after the second sub-paragraph, the following sub-paragraph 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:

               "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.".

               (8)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:

               –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 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 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 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 content 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.".

               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, 21.2.2018

                     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).


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending the Annex to Commission Regulation (EU) 1305/2014 as regards the structure of the messages, data and message model, Wagon and Intermodal Unit Operating Database, and to adopt an IT standard for the communication layer of the Common Interface

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

               of 23.2.2018

               amending the Annex to Commission Regulation (EU) 1305/2014 as regards the structure of the messages, data and message model, Wagon and Intermodal Unit Operating Database, and to adopt an IT standard for the communication layer of the Common Interface

               THE EUROPEAN COMMISSION,

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

               Having regard to Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union
                  1
               , and in particular Article 5(11) thereof,

                Whereas:

               (1)Article 19 of Regulation (EU) 2016/796 of the European Parliament and of the Council
                  2
                requires the European Union Agency for Railways (the 'Agency') to address recommendations to the Commission on the technical specifications for interoperability ( 'TSIs') and their revision, in accordance with Article 5 of Directive (EU) 2016/797, and to ensure that TSIs are adapted to technical progress, market trends and social requirements.

               (2)On 23 September 2017, the Commission requested the Agency to issue a recommendation pursuant to  paragraph 2 of Article 5 of Directive (EU) 2016/797 for the revision of the technical specifications for interoperability relating to the ‘telematics applications for freight’ subsystem of the rail system in the Union(‘TAF TSI’).

               (3)On 18 October 2017, the Agency issued a recommendation on the TAF TSI, in order to update the structure of the TAF TSI messages, data and message model, Wagon and Intermodal Unit Operating Database (WIMO), and to adopt an IT standard for the communication layer of the Common Interface. These changes have been introduced in order to overcome the former proprietary logic, and to allow a quicker and less costly implementation of this tool in the TAF TSI users’ community. The reference files have been revised accordingly.

               (4)The provisions of the Annex to Commission Regulation (EU) 1305/2014
                  3
                related to TAF TSI should be amended in order to define the Common interface Implementation Architecture in line with the structure of messages described above.

               (5)The measures provided for in this Regulation are in accordance with the opinion of the Committee established in accordance with Article 51(1) of Directive (EU) 2016/797,

               HAS ADOPTED THIS REGULATION:

               Article 1

               The Annex to Commission Regulation (EU) 1305/2014 is amended in accordance with the Annex to this Regulation.

               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, 23.2.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 138, 26.5.2016, p. 44

                     (2)

                        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) 881/2004 (OJ L…)

                     (3)

                        Commission Regulation (EU) No 1305/2014 of 11 December 2014 on the technical specification for interoperability relating to the telematics applications for freight subsystem of the rail system in the European Union and repealing the Regulation (EC) No 62/2006 (OJ L 356, 12.12.2014, p. 438).

    ---documentbreak---

               ANNEX

               The Annex to Regulation (EU) 1305/2014 is amended as follows:

               Appendix 1 is replaced by the following:

               Appendix I – List of technical documents

                        No

                        Reference

                        Title

                        Version

                        Date

                        1

                        ERA-TD-100

                        TAF TSI — ANNEX A.5:FIGURES AND SEQUENCE DIAGRAMS OF THE TAF TSI MESSAGES

                        2.1

                        10.02.2015

                        2

                        ERA-TD-101

                        TAF TSI — Annex D.2: Appendix A (Wagon/ILU Trip Planning)

                        2.0

                        17.10.2013

                        3

                        ERA-TD-102

                        TAF TSI — Annex D.2: Appendix B — Wagon and Intermodal Unit Operating Database (WIMO)

                        2.1

                        10.02.2015

                        4

                        ERA-TD-103

                        TAF TSI — Annex D.2: Appendix C — Reference Files

                        2.1

                        10.02.2015

                        5

                        ERA-TD-104

                        TAF TSI — Annex D.2: Appendix E — Common Interface

                        2.2

                        23.02.2017

                        6

                        ERA-TD-105

                        TAF TSI — Annex D.2: Appendix F — TAF TSI Data and Message Model

                        2.2

                        23.02.2017


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

               of 21.2.2018

               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 CO 2 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 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) 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 Regulation (EU) 2017/1151 from […2018] [OPOCE please insert the date of the entry into force of  this amending Regulation ].";

               (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:

               "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.";

               (1)Article 5 is amended as follows:

               (a)the title is replaced by the following:

               "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 sub-paragraph 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.";

               (2)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 sub-paragraph 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 sub-paragraph 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.";

               (3)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 sub-paragraph 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.";

               (4)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";

               (5)the title of Article 10 is replaced by the following:

               "Assessment of an application for the approval of an innovative technology as an eco-innovation";

               (6)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 sub-paragraph of paragraph 4, the value "1 g CO2/km" is replaced by "0.5 g CO2/km".;

               (7)Article 12 is amended as follows:

               (a)in paragraph 1, after the second sub-paragraph, the following sub-paragraph 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:

               "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.";

               (8)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.";

               (9)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, 21.2.2018

                     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 (EU) No 443/2009 of the European Parliament and of the Council (OJ L 194, 26.7.2011, p.19).