# Official Journal L 227/2020

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 227 |
| | |
| English edition | Legislation | Volume 6316 July 2020 |

ISSN 1977-0677

Official Journal

of the European Union

L 227

English edition

Legislation

Volume 6316 July 2020

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2020/1027 of 14 July 2020 on amending Implementing Regulations (EU) No 771/2014, (EU) No 1242/2014 and (EU) No 1243/2014 as regards the implementation and monitoring of specific measures to mitigate the impact of the COVID-19 outbreak in the fishery and aquaculture sector | 1 |
| | * | Commission Implementing Regulation (EU) 2020/1028 of 15 July 2020 fixing the closing date for the submission of applications for private storage aid for fresh or chilled meat of bovine animals aged eight months or more under Implementing Regulation (EU) 2020/596 | 8 |
| | * | Commission Implementing Regulation (EU) 2020/1029 of 15 July 2020 fixing the closing date for the submission of applications for private storage aid for sheepmeat and goatmeat under Implementing Regulation (EU) 2020/595 | 10 |
| | * | Commission Implementing Regulation (EU) 2020/1030 of 15 July 2020 laying down the technical specifications of data requirements for the topic ICT usage and e-commerce for the reference year 2021, pursuant to Regulation (EU) 2019/2152 of the European Parliament and of the Council (
  1
  ) | 12 |
| | * | Commission Implementing Regulation (EU) 2020/1031 of 15 July 2020 concerning the authorisation of benzoic acid as a feed additive for pigs for fattening (holder of authorisation DSM Nutritional Products Ltd represented by DSM Nutritional Products Sp. Z o.o) (
  1
  ) | 21 |
| | * | Commission Implementing Regulation (EU) 2020/1032 of 15 July 2020 concerning the authorisation of the preparation of Bacillus subtilis DSM 28343 as a feed additive for calves for rearing and pigs for fattening (holder of authorisation Lactosan GmbH & Co. KG) (
  1
  ) | 24 |
| | * | Commission Implementing Regulation (EU) 2020/1033 of 15 July 2020 concerning the renewal of the authorisation of L-arginine produced by Corynebacterium glutamicum ATCC 13870 and the authorisation of L-arginine produced by Corynebacterium glutamicum KCCM 80182 as feed additives for all animal species, and repealing Regulation (EC) No 1139/2007 (
  1
  ) | 27 |
| | * | Commission Implementing Regulation (EU) 2020/1034 of 15 July 2020 concerning the authorisation of a preparation of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 26372) as a feed additive for laying hens (holder of authorisation DSM Nutritional Products Ltd represented by DSM Nutritional Products Sp. Z o.o) (
  1
  ) | 34 |
| | | DECISIONS |
| | * | Commission Implementing Decision (EU) 2020/1035 of 3 June 2020 confirming or amending the provisional calculation of the average specific emissions of CO2 and specific emissions targets for manufacturers of passenger cars and light commercial vehicles for the calendar year 2018 pursuant to Regulation (EU) 2019/631 of the European Parliament and of the Council (
  1
  ) | 37 |
| | * | Commission Implementing Decision (EU) 2020/1036 of 15 July 2020 on the non-approval of certain active substances in biocidal products pursuant to Regulation (EU) No 528/2012 of the European Parliament and of the Council (
  1
  ) | 68 |
| | * | Commission Implementing Decision (EU) 2020/1037 of 15 July 2020 postponing the expiry date of approval of acrolein for use in biocidal products of product-type 12 (
  1
  ) | 72 |
| | * | Commission Implementing Decision (EU) 2020/1038 of 15 July 2020 postponing the expiry date of approval of creosote for use in biocidal products of product-type 8 (
  1
  ) | 74 |
| | | RECOMMENDATIONS |
| | * | Commission Recommendation (EU) 2020/1039 of 14 July 2020 on making State financial support to undertakings in the Union conditional on the absence of links to non-cooperative jurisdictions | 76 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2020/1027 of 14 July 2020 on amending Implementing Regulations (EU) No 771/2014, (EU) No 1242/2014 and (EU) No 1243/2014 as regards the implementation and monitoring of specific measures to mitigate the impact of the COVID-19 outbreak in the fishery and aquaculture sector

1

*

Commission Implementing Regulation (EU) 2020/1028 of 15 July 2020 fixing the closing date for the submission of applications for private storage aid for fresh or chilled meat of bovine animals aged eight months or more under Implementing Regulation (EU) 2020/596

8

*

Commission Implementing Regulation (EU) 2020/1029 of 15 July 2020 fixing the closing date for the submission of applications for private storage aid for sheepmeat and goatmeat under Implementing Regulation (EU) 2020/595

10

*

Commission Implementing Regulation (EU) 2020/1030 of 15 July 2020 laying down the technical specifications of data requirements for the topic ICT usage and e-commerce for the reference year 2021, pursuant to Regulation (EU) 2019/2152 of the European Parliament and of the Council (
  1
  )

1

12

*

Commission Implementing Regulation (EU) 2020/1031 of 15 July 2020 concerning the authorisation of benzoic acid as a feed additive for pigs for fattening (holder of authorisation DSM Nutritional Products Ltd represented by DSM Nutritional Products Sp. Z o.o) (
  1
  )

1

21

*

Commission Implementing Regulation (EU) 2020/1032 of 15 July 2020 concerning the authorisation of the preparation of Bacillus subtilis DSM 28343 as a feed additive for calves for rearing and pigs for fattening (holder of authorisation Lactosan GmbH & Co. KG) (
  1
  )

Bacillus subtilis

1

24

*

Commission Implementing Regulation (EU) 2020/1033 of 15 July 2020 concerning the renewal of the authorisation of L-arginine produced by Corynebacterium glutamicum ATCC 13870 and the authorisation of L-arginine produced by Corynebacterium glutamicum KCCM 80182 as feed additives for all animal species, and repealing Regulation (EC) No 1139/2007 (
  1
  )

Corynebacterium glutamicum

Corynebacterium glutamicum

1

27

*

Commission Implementing Regulation (EU) 2020/1034 of 15 July 2020 concerning the authorisation of a preparation of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 26372) as a feed additive for laying hens (holder of authorisation DSM Nutritional Products Ltd represented by DSM Nutritional Products Sp. Z o.o) (
  1
  )

Aspergillus oryzae

1

34

DECISIONS

*

Commission Implementing Decision (EU) 2020/1035 of 3 June 2020 confirming or amending the provisional calculation of the average specific emissions of CO2 and specific emissions targets for manufacturers of passenger cars and light commercial vehicles for the calendar year 2018 pursuant to Regulation (EU) 2019/631 of the European Parliament and of the Council (
  1
  )

2

1

37

*

Commission Implementing Decision (EU) 2020/1036 of 15 July 2020 on the non-approval of certain active substances in biocidal products pursuant to Regulation (EU) No 528/2012 of the European Parliament and of the Council (
  1
  )

1

68

*

Commission Implementing Decision (EU) 2020/1037 of 15 July 2020 postponing the expiry date of approval of acrolein for use in biocidal products of product-type 12 (
  1
  )

1

72

*

Commission Implementing Decision (EU) 2020/1038 of 15 July 2020 postponing the expiry date of approval of creosote for use in biocidal products of product-type 8 (
  1
  )

1

74

RECOMMENDATIONS

*

Commission Recommendation (EU) 2020/1039 of 14 July 2020 on making State financial support to undertakings in the Union conditional on the absence of links to non-cooperative jurisdictions

76

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

II Non-legislative acts

REGULATIONS

| 16.7.2020 | EN | Official Journal of the European Union | L 227/1 |
| --- | --- | --- | --- |

16.7.2020

EN

Official Journal of the European Union

L 227/1

---

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1027

of 14 July 2020

on amending Implementing Regulations (EU) No 771/2014, (EU) No 1242/2014 and (EU) No 1243/2014 as regards the implementation and monitoring of specific measures to mitigate the impact of the COVID-19 outbreak in the fishery and aquaculture sector

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund (1) and in particular Articles 18(3), 72(3), 97(2) and 107(3) thereof,

Whereas:

| (1) | Regulation (EU) 2020/560 of the European Parliament and of the Council (2) has amended Regulation (EU) No 508/2014 to introduce specific measures to mitigate the impact of the COVID-19 outbreak in the fishery and aquaculture sector. |
| --- | --- |

(1)

Regulation (EU) 2020/560 of the European Parliament and of the Council (2) has amended Regulation (EU) No 508/2014 to introduce specific measures to mitigate the impact of the COVID-19 outbreak in the fishery and aquaculture sector.

| (2) | In order to allow the implementation of Regulation (EU) 2020/560, the model for operational programmes under the European Maritime and Fisheries Fund (‘the EMFF’) and the structure of the compensation plans for operators in the outermost regions set out in Commission Implementing Regulation (EU) No 771/2014 (3) should be adjusted, taking into consideration the requirements of the new measures. |
| --- | --- |

(2)

In order to allow the implementation of Regulation (EU) 2020/560, the model for operational programmes under the European Maritime and Fisheries Fund (‘the EMFF’) and the structure of the compensation plans for operators in the outermost regions set out in Commission Implementing Regulation (EU) No 771/2014 (3) should be adjusted, taking into consideration the requirements of the new measures.

| (3) | The implementation of Regulation (EU) 2020/560 also requires adjustments to the technical specifications and rules for the presentation of cumulative data on operation and information to be sent by Member States set out in Commission Implementing Regulations (EU) No 1242/2014 (4) and (EU) No 1243/2014 (5). These adjustments should allow a reliable monitoring and reporting of operations related to the mitigation of the COVID-19 outbreak. Pursuant to Article 97(1)(a) of Regulation (EU) No 508/2014, the annual deadline for providing the cumulative data on operations is 31 March. This means that Member States should submit this information in the amended format as of 2021, so as to ensure consistent and harmonised reporting. |
| --- | --- |

(3)

The implementation of Regulation (EU) 2020/560 also requires adjustments to the technical specifications and rules for the presentation of cumulative data on operation and information to be sent by Member States set out in Commission Implementing Regulations (EU) No 1242/2014 (4) and (EU) No 1243/2014 (5). These adjustments should allow a reliable monitoring and reporting of operations related to the mitigation of the COVID-19 outbreak. Pursuant to Article 97(1)(a) of Regulation (EU) No 508/2014, the annual deadline for providing the cumulative data on operations is 31 March. This means that Member States should submit this information in the amended format as of 2021, so as to ensure consistent and harmonised reporting.

| (4) | Commission Implementing Regulations (EU) No 771/2014, (EU) No 1242/2014 and (EU) No 1243/2014 should therefore be amended accordingly. |
| --- | --- |

(4)

Commission Implementing Regulations (EU) No 771/2014, (EU) No 1242/2014 and (EU) No 1243/2014 should therefore be amended accordingly.

| (5) | In order to allow for the prompt application of the measures provided for in this Regulation due to the urgency in providing the requisite support, this Regulation should enter into force on the day following that of its publication. |
| --- | --- |

(5)

In order to allow for the prompt application of the measures provided for in this Regulation due to the urgency in providing the requisite support, this Regulation should enter into force on the day following that of its publication.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for the European Maritime and Fisheries Fund, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the European Maritime and Fisheries Fund,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Implementing Regulation (EU) No 771/2014

Implementing Regulation (EU) No 771/2014 is amended as follows:

| (1) | Section 4.5 of Annex I is replaced by the text set out in Annex I to this Regulation; |
| --- | --- |

(1)

Section 4.5 of Annex I is replaced by the text set out in Annex I to this Regulation;

| (2) | Section 8.2 of Annex I is replaced by the text set out in Annex I to this Regulation; |
| --- | --- |

(2)

Section 8.2 of Annex I is replaced by the text set out in Annex I to this Regulation;

| (3) | Annex II is amended in accordance with Annex I to this Regulation. |
| --- | --- |

(3)

Annex II is amended in accordance with Annex I to this Regulation.

Article 2

Amendments to Implementing Regulation (EU) No 1242/2014

Implementing Regulation (EU) No 1242/2014 is amended as follows:

| (1) | Annex I is amended in accordance with Annex II to this Regulation; |
| --- | --- |

(1)

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

| (2) | in Annex V, row I.9 of table 1 is replaced by the text set out in Annex II to this Regulation. |
| --- | --- |

(2)

in Annex V, row I.9 of table 1 is replaced by the text set out in Annex II to this Regulation.

Article 3

Amendments to Implementing Regulation (EU) No 1243/2014

Implementing Regulation (EU) No 1243/2014 is amended as follows:

| (1) | Annex I is amended in accordance with Annex III to this Regulation; |
| --- | --- |

(1)

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

| (2) | in Annex II, row I.9 is replaced by the text set out in Annex III to this Regulation. |
| --- | --- |

(2)

in Annex II, row I.9 is replaced by the text set out in Annex III to this Regulation.

Article 4

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

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

Done at Brussels, 14 July 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).

1

(2)  Regulation (EU) 2020/560 of the European Parliament and of the Council of 23 April 2020 amending Regulations (EU) No 508/2014 and (EU) No 1379/2013 as regards specific measures to mitigate the impact of the COVID-19 outbreak in the fishery and aquaculture sector (OJ L 130, 24.4.2020, p. 11).

2

(3)  Commission Implementing Regulation (EU) No 771/2014 of 14 July 2014 laying down rules pursuant to Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the model for operational programmes, the structure of the plans for the compensation of additional costs incurred by operators in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions, the model for the transmission of financial data, the content of the ex ante evaluation reports and the minimum requirements for the evaluation plan to be submitted under the European Maritime and Fisheries Fund (OJ L 209, 16.7.2014, p. 20).

3

ex ante

(4)  Commission Implementing Regulation (EU) No 1242/2014 of 20 November 2014 laying down rules pursuant to Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the presentation of relevant cumulative data on operations (OJ L 334, 21.11.2014, p. 11).

4

(5)  Commission Implementing Regulation (EU) No 1243/2014 of 20 November 2014 laying down rules pursuant to Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the information to be sent by Member States, as well as on data needs and synergies between potential data sources (OJ L 334, 21.11.2014, p. 39).

5

---

ANNEX I

1.

| (1) | Section 4.5 is replaced by the following:






  ‘4.5. | Description of the method for the calculation of compensation according to relevant criteria identified for each of the activities deployed under Article 40(1), 53, 54, 55, 67 and 69(3) of Regulation (EU) No 508/2014







  <4.5 type="S" maxlength="4500" input="M">
  ’ |
| --- | --- | --- |

(1)

Section 4.5 is replaced by the following:

‘4.5.

Description of the method for the calculation of compensation according to relevant criteria identified for each of the activities deployed under Article 40(1), 53, 54, 55, 67 and 69(3) of Regulation (EU) No 508/2014

<4.5 type="S" maxlength="4500" input="M">
  ’

| (2) | Section 8.2 is replaced by the following:






  ‘8.2. | EMFF contribution and co-financing rate for the Union Priorities, Technical Assistance and other support (in euro) | | Total support | Main allocation (total funding minus performance reserve) | Performance reserve | Performance reserve amount as proportion of total Union support |
| --- | --- | --- | --- | --- | --- | --- | --- |
| Union Priorities | Measure(s) under the Union Priority | EMFF contribution
  (performance reserve included) | National counterpart
  (performance reserve included) | EMFF co-financing rate | EMFF support | National counterpart | EMFF Performance reserve | National counterpart (1) |
| a | b | c = a/(a + b) × 100 | d = a – f | e = b – g | f | g = b × (f/a) | h = f/a × 100 |
| 1. | Promoting environmentally sustainable, resource efficient, innovative, competitive and knowledge-based fisheries |

(2)

Section 8.2 is replaced by the following:

‘8.2.

EMFF contribution and co-financing rate for the Union Priorities, Technical Assistance and other support (in euro)

Total support

Main allocation (total funding minus performance reserve)

Performance reserve

Performance reserve amount as proportion of total Union support

Union Priorities

Measure(s) under the Union Priority

EMFF contribution

(performance reserve included)

National counterpart

(performance reserve included)

EMFF co-financing rate

EMFF support

National counterpart

EMFF Performance reserve

National counterpart (1)

a

b

c = a/(a + b) × 100

d = a – f

e = b – g

f

g = b × (f/a)

h = f/a × 100

1.

Promoting environmentally sustainable, resource efficient, innovative, competitive and knowledge-based fisheries

Article 33(1)(a),(b) and (c), Article 34 and Article 41(2)

<8.2 type="N"input="M">

<8.2 type="N"input="M">

50 %

<8.2 type="N"input="M">

Article 33(1)(d) and Article 44(4a)

<8.2 type="N"input="M">

<8.2 type="N"input="M">

max 75 %,

min 20 %

0

0

Financial allocation for the rest of the Union priority 1

<8.2 type="N"input="M">

<8.2 type="N"input="M">

max 75 %,

min 20 %

<8.2 type="N"input="M">

| 2. | Fostering environmentally sustainable, resource efficient, innovative, competitive and knowledge-based aquaculture |
| --- | --- |

2.

Fostering environmentally sustainable, resource efficient, innovative, competitive and knowledge-based aquaculture

<8.2 type="N"input="M">

<8.2 type="N"input="M">

max 75 %,

min 20 %

<8.2 type="N"input="M">

| 3. | Fostering the implementation of the CFP |
| --- | --- |

3.

Fostering the implementation of the CFP

the improvement and supply of scientific knowledge and collection and management of data Article 13(3) of the EMFF)

<8.2 type="N"input="M">

<8.2 type="N"input="M">

80 %

<8.2 type="N"input="M">

the support to monitoring, control and enforcement, enhancing institutional capacity and an efficient public administration without increasing the administrative burden (Article 76(2)(a) to (d) and (f) to (l)) (Article 13(2) of the EMFF)

<8.2 type="N"input="M">

<8.2 type="N"input="M">

90 %

<8.2 type="N"input="M">

the support to monitoring, control and enforcement, enhancing institutional capacity and an efficient public administration without increasing the administrative burden (Article 76(2)(e)) (Article 13(2) of the EMFF)

<8.2 type="N"input="M">

<8.2 type="N"input="M">

70 %

<8.2 type="N"input="M">

| 4. | Increasing employment and territorial cohesion |
| --- | --- |

4.

Increasing employment and territorial cohesion

<8.2 type="N"input="M">

<8.2 type="N"input="M">

max 85 %,

min 20 %

<8.2 type="N"input="M">

| 5. | Fostering marketing and processing |
| --- | --- |

5.

Fostering marketing and processing

Storage aid (Article 67)

<8.2 type="N"input="M">

<8.2 type="N"input="M">

100 %

0

0

0

Compensation for outermost regions (Article 70) (Article 13(4) of the EMFF)

<8.2 type="N"input="M">

<8.2 type="N"input="M">

100 %

<8.2 type="N"input="M">

Financial allocation for the rest of the Union priority 5

<8.2 type="N"input="M">

<8.2 type="N"input="M">

max 75 %,

min 20 %

<8.2 type="N"input="M">

| 6. | Fostering the implementation of the Integrated Maritime Policy |
| --- | --- |

6.

Fostering the implementation of the Integrated Maritime Policy

<8.2 type="N"input="M">

<8.2 type="N"input="M">

max 75 %,

min 20 %

<8.2 type="N"input="M">

Technical assistance

<8.2 type="N"input="M">

<8.2 type="N"input="M">

max 75 %,

min 20 %

0

0

0

Total (automatically calculated):

<8.2 type="N"input="G">

<8.2 type="N"input="G">

NA

<8.2 type="N"input="G">

<8.2 type="N"input="G">

<8.2 type="N"input="G">

<8.2 type="N"input="G">

NA

2.

| ‘5a. | Description of the methods of calculation and of implementation of the measures to compensate the economic losses resulting from the COVID-19 outbreak referred to in the second subparagraph of Article 70(1) of Regulation (EU) No 508/2014







  <4.5 type="S" maxlength="3500" input="M">
  ’ |
| --- | --- |

‘5a.

Description of the methods of calculation and of implementation of the measures to compensate the economic losses resulting from the COVID-19 outbreak referred to in the second subparagraph of Article 70(1) of Regulation (EU) No 508/2014

<4.5 type="S" maxlength="3500" input="M">
  ’

---

(1)  The national counterpart is divided pro rata between the main allocation and the performance reserve.’

1

---

ANNEX II

1.

| ‘25 | Mitigation of the COVID-19 outbreak’ |
| --- | --- |

‘25

Mitigation of the COVID-19 outbreak’

2.

| ‘I.9 | Article 33 and Article 44(4a)
  Temporary cessation of fishing activities | — | Number of fishermen concerned |
| --- | --- | --- | --- |

‘I.9

Article 33 and Article 44(4a)

Temporary cessation of fishing activities

—

Number of fishermen concerned

1

Numerical

Yes if operation relates to sea’

| — | Number of days covered |
| --- | --- |

—

Number of days covered

2

Numerical

---

ANNEX III

1.

In Annex I to Commission Implementing Regulation (EU) No 1243/2014, the following Part F is inserted:

‘PART F

Mitigation of the COVID-19 outbreak

| Field | Content of field | Comment | Data needs and synergies |
| --- | --- | --- | --- |
| 25 | Mitigation of the COVID-19 outbreak | Mitigation of the COVID-19 outbreak
  Code 0 = non COVID-19 related
  Code 1 = COVID-19 related. | EMFF specific’ |

Field

Content of field

Comment

Data needs and synergies

25

Mitigation of the COVID-19 outbreak

Mitigation of the COVID-19 outbreak

Code 0 = non COVID-19 related

Code 1 = COVID-19 related.

EMFF specific’

| 2. | In Annex II to Implementing Regulation (EU) No 1243/2014, row I.9 is replaced by the following:







  ‘I.9 | Article 33 and Article 44(4a)
  Temporary cessation of fishing activities | — | Number of fishermen concerned |
| --- | --- | --- | --- | --- |

2.

In Annex II to Implementing Regulation (EU) No 1243/2014, row I.9 is replaced by the following:

‘I.9

Article 33 and Article 44(4a)

Temporary cessation of fishing activities

—

Number of fishermen concerned

| — | Number of days covered’ |
| --- | --- |

—

Number of days covered’

---

| 16.7.2020 | EN | Official Journal of the European Union | L 227/8 |
| --- | --- | --- | --- |

16.7.2020

EN

Official Journal of the European Union

L 227/8

---

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1028

of 15 July 2020

fixing the closing date for the submission of applications for private storage aid for fresh or chilled meat of bovine animals aged eight months or more under Implementing Regulation (EU) 2020/596

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 18(2) thereof,

Whereas:

| (1) | Private storage aid granted pursuant to Commission Implementing Regulation (EU) 2020/596 (2) has had a favourable effect on the beef market. |
| --- | --- |

(1)

Private storage aid granted pursuant to Commission Implementing Regulation (EU) 2020/596 (2) has had a favourable effect on the beef market.

| (2) | Commission Implementing Regulation (EU) 2020/1006 (3) has suspended applications for private storage aid for five working days. |
| --- | --- |

(2)

Commission Implementing Regulation (EU) 2020/1006 (3) has suspended applications for private storage aid for five working days.

| (3) | The granting of private storage aid for fresh or chilled meat of bovine animals aged eight months or more should therefore end and a closing date for the submission of applications should be set. |
| --- | --- |

(3)

The granting of private storage aid for fresh or chilled meat of bovine animals aged eight months or more should therefore end and a closing date for the submission of applications should be set.

| (4) | For the sake of legal certainty, Implementing Regulation (EU) 2020/596 should be repealed. |
| --- | --- |

(4)

For the sake of legal certainty, Implementing Regulation (EU) 2020/596 should be repealed.

| (5) | In order to avoid speculation, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union. |
| --- | --- |

(5)

In order to avoid speculation, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets, |
| --- | --- |

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

The closing date for the submission of applications for private storage aid for fresh or chilled meat of bovine animals aged eight months or more under Implementing Regulation (EU) 2020/596 shall be 17 July 2020.

Article 2

Implementing Regulation (EU) 2020/596 is repealed with effect from 17 July 2020.

However, it shall continue to apply in respect of contracts concluded under that Regulation prior to the date of entry into force of this Regulation.

Article 3

This Regulation shall enter into force on the day 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, 15 July 2020.

For the Commission,

On behalf of the President,

Wolfgang BURTSCHER

Director-General

Directorate-General for Agriculture and Rural Development

---

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

1

(2)  Commission Implementing Regulation (EU) 2020/596 of 30 April 2020 granting aid for private storage for fresh and chilled meat of bovine animals aged eight months or more and fixing the amount of aid in advance (OJ L 140, 4.5.2020, p. 26).

2

(3)  Commission Implementing Regulation (EU) 2020/1006 of 9 July 2020 suspending the submission of applications for private storage aid for fresh or chilled meat of bovine animals aged eight months or more under Implementing Regulation (EU) 2020/596 (OJ L 223, 10.7.2020, p. 1).

3

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| 16.7.2020 | EN | Official Journal of the European Union | L 227/10 |
| --- | --- | --- | --- |

16.7.2020

EN

Official Journal of the European Union

L 227/10

---

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1029

of 15 July 2020

fixing the closing date for the submission of applications for private storage aid for sheepmeat and goatmeat under Implementing Regulation (EU) 2020/595

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 18(2) thereof,

Whereas:

| (1) | Private storage aid granted pursuant to Commission Implementing Regulation (EU) 2020/595 (2) has had a favourable effect on the sheepmeat and goatmeat market. |
| --- | --- |

(1)

Private storage aid granted pursuant to Commission Implementing Regulation (EU) 2020/595 (2) has had a favourable effect on the sheepmeat and goatmeat market.

| (2) | Commission Implementing Regulation (EU) 2020/1007 (3) has suspended applications for private storage aid for five working days. |
| --- | --- |

(2)

Commission Implementing Regulation (EU) 2020/1007 (3) has suspended applications for private storage aid for five working days.

| (3) | The granting of private storage aid for sheepmeat and goatmeat should therefore end and a closing date for the submission of applications should be set. |
| --- | --- |

(3)

The granting of private storage aid for sheepmeat and goatmeat should therefore end and a closing date for the submission of applications should be set.

| (4) | For the sake of legal certainty, Implementing Regulation (EU) 2020/595 should be repealed. |
| --- | --- |

(4)

For the sake of legal certainty, Implementing Regulation (EU) 2020/595 should be repealed.

| (5) | In order to avoid speculation, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union. |
| --- | --- |

(5)

In order to avoid speculation, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets, |
| --- | --- |

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

The closing date for the submission of applications for private storage aid for sheepmeat and goatmeat under Implementing Regulation (EU) 2020/595 shall be 17 July 2020.

Article 2

Implementing Regulation (EU) 2020/595 is repealed with effect from 17 July 2020.

However, it shall continue to apply in respect of contracts concluded under that Regulation prior to the date of entry into force of this Regulation.

Article 3

This Regulation shall enter into force on the day 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, 15 July 2020.

For the Commission,

On behalf of the President,

Wolfgang BURTSCHER

Director-General

Directorate-General for Agriculture and Rural Development

---

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

1

(2)  Commission Implementing Regulation (EU) 2020/595 of 30 April 2020 granting aid for private storage for sheepmeat and goatmeat and fixing the amount of aid in advance (OJ L 140, 4.5.2020, p. 21).

2

(3)  Commission Implementing Regulation (EU) 2020/1007 of 9 July 2020 suspending the submission of applications for private storage aid for sheepmeat and goatmeat under Implementing Regulation (EU) 2020/595 (OJ L 223, 10.7.2020, p. 3).

3

---

| 16.7.2020 | EN | Official Journal of the European Union | L 227/12 |
| --- | --- | --- | --- |

16.7.2020

EN

Official Journal of the European Union

L 227/12

---

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1030

of 15 July 2020

laying down the technical specifications of data requirements for the topic ‘ICT usage and e-commerce’ for the reference year 2021, pursuant to Regulation (EU) 2019/2152 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2019/2152 of the European Parliament and of the Council of 27 November 2019 on European business statistics, repealing 10 legal acts in the field of business statistics (1), and in particular Article 7(1) and Article 17(6) thereof,

Whereas:

| (1) | To ensure the correct implementation of the topic ‘ICT usage and e-commerce’ listed in Annex I to Regulation (EU) 2019/2152, the Commission should specify the variables, the measurement unit, the statistical population, the classifications and breakdowns and the data transmission deadline in order to produce data on ICT usage and e-commerce which is comparable and harmonised between Member States. |
| --- | --- |

(1)

To ensure the correct implementation of the topic ‘ICT usage and e-commerce’ listed in Annex I to Regulation (EU) 2019/2152, the Commission should specify the variables, the measurement unit, the statistical population, the classifications and breakdowns and the data transmission deadline in order to produce data on ICT usage and e-commerce which is comparable and harmonised between Member States.

| (2) | Member States should provide metadata and quality reports for the national statistical business registers and all business statistics. It is therefore necessary to define the arrangements for, content of and deadlines of those reports. |
| --- | --- |

(2)

Member States should provide metadata and quality reports for the national statistical business registers and all business statistics. It is therefore necessary to define the arrangements for, content of and deadlines of those reports.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee,

HAS ADOPTED THIS REGULATION:

Article 1

For the topic ‘ICT usage and e-commerce’, as referred to in Annex I to Regulation (EU) 2019/2152, Member States shall transmit the data according to the technical specifications of data requirements for the reference year 2021 in accordance with the Annex to this Regulation.

Article 2

The annual metadata report for the topic ‘ICT usage and e-commerce’, as referred to in Annex I to Regulation (EU) 2019/2152, shall be transmitted to the Commission (Eurostat) by 31 May 2021.

The annual quality report for the topic ‘ICT usage and e-commerce’, as referred to in Annex I to Regulation (EU) 2019/2152, shall be transmitted to the Commission (Eurostat) by 5 November 2021.

Article 3

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

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

Done at Brussels, 15 July 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 327, 17.12.2019, p. 1.

1

---

ANNEX

Technical specifications of data requirements for the topic ‘ICT usage and e-commerce’

| Mandatory/optional | Scope (filter) | Variable |
| --- | --- | --- |
| Mandatory variables | (i) | for all enterprises: |

Mandatory/optional

Scope (filter)

Variable

Mandatory variables

(i)

for all enterprises:

| (1) | main economic activity of the enterprise, in the previous calendar year |
| --- | --- |

(1)

main economic activity of the enterprise, in the previous calendar year

| (2) | average number of employees and self-employed persons, in the previous calendar year |
| --- | --- |

(2)

average number of employees and self-employed persons, in the previous calendar year

| (3) | total value of turnover (excluding VAT), in the previous calendar year |
| --- | --- |

(3)

total value of turnover (excluding VAT), in the previous calendar year

| (4) | number of employees and self-employed persons or percentage of the total number of employees and self-employed persons who have access to the internet for business purposes |
| --- | --- |

(4)

number of employees and self-employed persons or percentage of the total number of employees and self-employed persons who have access to the internet for business purposes

| (ii) | for enterprises with employees and self-employed persons who have access to the internet for business purposes: |
| --- | --- |

(ii)

for enterprises with employees and self-employed persons who have access to the internet for business purposes:

| (5) | internet connection: use of any type of fixed line connection |
| --- | --- |

(5)

internet connection: use of any type of fixed line connection

| (6) | use of the following social media: social networks |
| --- | --- |

(6)

use of the following social media: social networks

| (7) | use of the following social media: enterprise’s blog or microblogs |
| --- | --- |

(7)

use of the following social media: enterprise’s blog or microblogs

| (8) | use of the following social media: multimedia content sharing websites or apps |
| --- | --- |

(8)

use of the following social media: multimedia content sharing websites or apps

| (9) | use of the following social media: wiki based knowledge sharing tools |
| --- | --- |

(9)

use of the following social media: wiki based knowledge sharing tools

| (10) | web sales of goods or services via the enterprises’ websites or apps (including extranets), in the previous calendar year |
| --- | --- |

(10)

web sales of goods or services via the enterprises’ websites or apps (including extranets), in the previous calendar year

| (11) | web sales of goods or services via e-commerce marketplace websites or apps used by several enterprises for trading goods or services, in the previous calendar year |
| --- | --- |

(11)

web sales of goods or services via e-commerce marketplace websites or apps used by several enterprises for trading goods or services, in the previous calendar year

| (12) | EDI-type sales (receipt of orders placed via Electronic Data Interchange messages) of goods or services, in the previous calendar year |
| --- | --- |

(12)

EDI-type sales (receipt of orders placed via Electronic Data Interchange messages) of goods or services, in the previous calendar year

| (13) | use of ERP (Enterprise Resource Planning) software |
| --- | --- |

(13)

use of ERP (Enterprise Resource Planning) software

| (14) | use of a CRM (Customer Relationship Management) software to manage the collection, storing and making available information on customers to various business functions |
| --- | --- |

(14)

use of a CRM (Customer Relationship Management) software to manage the collection, storing and making available information on customers to various business functions

| (15) | use of a CRM (Customer Relationship Management) software to manage the analysis of information on customers for marketing purposes (such as setting prices, sales promotion, choosing distribution channels) |
| --- | --- |

(15)

use of a CRM (Customer Relationship Management) software to manage the analysis of information on customers for marketing purposes (such as setting prices, sales promotion, choosing distribution channels)

| (16) | buying cloud computing services used over the internet |
| --- | --- |

(16)

buying cloud computing services used over the internet

| (17) | use of interconnected devices or systems that can be monitored or remotely controlled via the internet (Internet of Things) |
| --- | --- |

(17)

use of interconnected devices or systems that can be monitored or remotely controlled via the internet (Internet of Things)

| (18) | use of Artificial Intelligence technologies performing analysis of written language (text mining) |
| --- | --- |

(18)

use of Artificial Intelligence technologies performing analysis of written language (text mining)

| (19) | use of Artificial Intelligence technologies converting spoken language into machine-readable format (speech recognition) |
| --- | --- |

(19)

use of Artificial Intelligence technologies converting spoken language into machine-readable format (speech recognition)

| (20) | use of Artificial Intelligence technologies generating written or spoken language (natural language generation) |
| --- | --- |

(20)

use of Artificial Intelligence technologies generating written or spoken language (natural language generation)

| (21) | use of Artificial Intelligence technologies identifying objects or persons based on images (image recognition, image processing) |
| --- | --- |

(21)

use of Artificial Intelligence technologies identifying objects or persons based on images (image recognition, image processing)

| (22) | use of machine learning (such as deep learning) for data analysis |
| --- | --- |

(22)

use of machine learning (such as deep learning) for data analysis

| (23) | use of Artificial Intelligence technologies automating different workflows or assisting in decision-making (Artificial Intelligence based software robotic process automation) |
| --- | --- |

(23)

use of Artificial Intelligence technologies automating different workflows or assisting in decision-making (Artificial Intelligence based software robotic process automation)

| (24) | use of Artificial Intelligence technologies enabling physical movement of machines via autonomous decisions based on observation of surroundings (autonomous robots, self-driving vehicles, autonomous drones) |
| --- | --- |

(24)

use of Artificial Intelligence technologies enabling physical movement of machines via autonomous decisions based on observation of surroundings (autonomous robots, self-driving vehicles, autonomous drones)

| (iii) | for enterprises using any type of fixed line internet connection: |
| --- | --- |

(iii)

for enterprises using any type of fixed line internet connection:

| (25) | maximum contracted download speed of the fastest fixed line internet connection in the ranges: [0 Mbit/s, < 30 Mbit/s], [30 Mbit/s, < 100 Mbit/s], [100 Mbit/s, < 500 Mbit/s], [500 Mbit/s, < 1 Gbit/s], [≥ 1 Gbit/s] |
| --- | --- |

(25)

maximum contracted download speed of the fastest fixed line internet connection in the ranges: [0 Mbit/s, < 30 Mbit/s], [30 Mbit/s, < 100 Mbit/s], [100 Mbit/s, < 500 Mbit/s], [500 Mbit/s, < 1 Gbit/s], [≥ 1 Gbit/s]

| (iv) | for enterprises which had web sales, in the previous calendar year: |
| --- | --- |

(iv)

for enterprises which had web sales, in the previous calendar year:

| (26) | value of web sales of goods or services, or percentage of total turnover generated by web sales of goods and services, in the previous calendar year |
| --- | --- |

(26)

value of web sales of goods or services, or percentage of total turnover generated by web sales of goods and services, in the previous calendar year

| (27) | percentage of value of web sales generated by web sales to private consumers (Business to Consumers: B2C), in the previous calendar year |
| --- | --- |

(27)

percentage of value of web sales generated by web sales to private consumers (Business to Consumers: B2C), in the previous calendar year

| (28) | percentage of value of web sales generated by web sales to other enterprises (Business to Business: B2B) and to public sector (Business to Government: B2G), in the previous calendar year |
| --- | --- |

(28)

percentage of value of web sales generated by web sales to other enterprises (Business to Business: B2B) and to public sector (Business to Government: B2G), in the previous calendar year

| (29) | web sales to customers located in the own country, in the previous calendar year |
| --- | --- |

(29)

web sales to customers located in the own country, in the previous calendar year

| (30) | web sales to customers located in other Member States, in the previous calendar year |
| --- | --- |

(30)

web sales to customers located in other Member States, in the previous calendar year

| (31) | web sales to customers located in the rest of the world, in the previous calendar year |
| --- | --- |

(31)

web sales to customers located in the rest of the world, in the previous calendar year

| (v) | for enterprises which had web sales of goods and services via the enterprise’s websites or apps and via e-commerce marketplace websites or apps used by several enterprises for trading goods or services, in the previous calendar year: |
| --- | --- |

(v)

for enterprises which had web sales of goods and services via the enterprise’s websites or apps and via e-commerce marketplace websites or apps used by several enterprises for trading goods or services, in the previous calendar year:

| (32) | percentage of value of web sales of goods or services generated by sales via the enterprise’s websites or apps, in the previous calendar year |
| --- | --- |

(32)

percentage of value of web sales of goods or services generated by sales via the enterprise’s websites or apps, in the previous calendar year

| (33) | percentage of value of web sales of goods or services generated by sales via e-commerce marketplace websites or apps used by several enterprises for trading goods or services, in the previous calendar year |
| --- | --- |

(33)

percentage of value of web sales of goods or services generated by sales via e-commerce marketplace websites or apps used by several enterprises for trading goods or services, in the previous calendar year

| (vi) | for enterprises which had web sales to customers located in at least two of the following geographic areas: own country, other Member States or rest of the world, in the previous calendar year: |
| --- | --- |

(vi)

for enterprises which had web sales to customers located in at least two of the following geographic areas: own country, other Member States or rest of the world, in the previous calendar year:

| (34) | percentage of value of web sales generated by sales to customers located in enterprise’s own country, in the previous calendar year |
| --- | --- |

(34)

percentage of value of web sales generated by sales to customers located in enterprise’s own country, in the previous calendar year

| (35) | percentage of value of web sales generated by sales to customers located in other Member States, in the previous calendar year |
| --- | --- |

(35)

percentage of value of web sales generated by sales to customers located in other Member States, in the previous calendar year

| (36) | percentage of value of web sales generated by sales to customers located in the rest of the world, in the previous calendar year |
| --- | --- |

(36)

percentage of value of web sales generated by sales to customers located in the rest of the world, in the previous calendar year

| (vii) | for enterprises which had web sales to other Member States, in the previous calendar year: |
| --- | --- |

(vii)

for enterprises which had web sales to other Member States, in the previous calendar year:

| (37) | difficulties experienced when selling to other Member States: high costs of delivering or returning products, in the previous calendar year |
| --- | --- |

(37)

difficulties experienced when selling to other Member States: high costs of delivering or returning products, in the previous calendar year

| (38) | difficulties experienced when selling to other Member States: difficulties related to resolving complaints and disputes, in the previous calendar year |
| --- | --- |

(38)

difficulties experienced when selling to other Member States: difficulties related to resolving complaints and disputes, in the previous calendar year

| (39) | difficulties experienced when selling to other Member States: adapting product labelling for sales to other Member States, in the previous calendar year |
| --- | --- |

(39)

difficulties experienced when selling to other Member States: adapting product labelling for sales to other Member States, in the previous calendar year

| (40) | difficulties experienced when selling to other Member States: lack of knowledge of foreign languages for communicating with customers in other Member States, in the previous calendar year |
| --- | --- |

(40)

difficulties experienced when selling to other Member States: lack of knowledge of foreign languages for communicating with customers in other Member States, in the previous calendar year

| (41) | difficulties experienced when selling to other Member States: restrictions from enterprise's business partners to sell to certain Member States, in the previous calendar year |
| --- | --- |

(41)

difficulties experienced when selling to other Member States: restrictions from enterprise's business partners to sell to certain Member States, in the previous calendar year

| (42) | difficulties experienced when selling to other Member States: difficulties related to the VAT system in other Member States (such as uncertainty regarding VAT treatment in different countries), in the previous calendar year |
| --- | --- |

(42)

difficulties experienced when selling to other Member States: difficulties related to the VAT system in other Member States (such as uncertainty regarding VAT treatment in different countries), in the previous calendar year

| (viii) | for enterprises which had EDI-type sales, in the previous calendar year: |
| --- | --- |

(viii)

for enterprises which had EDI-type sales, in the previous calendar year:

| (43) | value of EDI-type sales of goods or services or percentage of the total turnover generated by EDI-type sales of goods or services, in the previous calendar year |
| --- | --- |

(43)

value of EDI-type sales of goods or services or percentage of the total turnover generated by EDI-type sales of goods or services, in the previous calendar year

| (44) | sales via EDI-type messages to customers located in enterprise’s own country, in the previous calendar year |
| --- | --- |

(44)

sales via EDI-type messages to customers located in enterprise’s own country, in the previous calendar year

| (45) | sales via EDI-type messages to customers located in other Member States, in the previous calendar year |
| --- | --- |

(45)

sales via EDI-type messages to customers located in other Member States, in the previous calendar year

| (46) | sales via EDI-type messages to customers located in the rest of the world, in the previous calendar year |
| --- | --- |

(46)

sales via EDI-type messages to customers located in the rest of the world, in the previous calendar year

| (ix) | for enterprises buying cloud computing services used over the internet: |
| --- | --- |

(ix)

for enterprises buying cloud computing services used over the internet:

| (47) | buying e-mail as a cloud computing service |
| --- | --- |

(47)

buying e-mail as a cloud computing service

| (48) | buying office software (such as word processors or spreadsheets) as a cloud computing service |
| --- | --- |

(48)

buying office software (such as word processors or spreadsheets) as a cloud computing service

| (49) | buying finance or accounting software applications as a cloud computing service |
| --- | --- |

(49)

buying finance or accounting software applications as a cloud computing service

| (50) | buying Enterprise Resource Planning (ERP) software applications as cloud computing service |
| --- | --- |

(50)

buying Enterprise Resource Planning (ERP) software applications as cloud computing service

| (51) | buying Customer Relationship Management (CRM) software applications as a cloud computing service |
| --- | --- |

(51)

buying Customer Relationship Management (CRM) software applications as a cloud computing service

| (52) | buying security software applications (such as antivirus program, network access control) as cloud computing service |
| --- | --- |

(52)

buying security software applications (such as antivirus program, network access control) as cloud computing service

| (53) | buying hosting the enterprise’s database(s) as a cloud computing service |
| --- | --- |

(53)

buying hosting the enterprise’s database(s) as a cloud computing service

| (54) | buying storage of files as a cloud computing service |
| --- | --- |

(54)

buying storage of files as a cloud computing service

| (55) | buying computing power to run the enterprise’s own software as a cloud computing service |
| --- | --- |

(55)

buying computing power to run the enterprise’s own software as a cloud computing service

| (56) | buying computing platform providing a hosted environment for application development, testing or deployment (such as reusable software modules, application programming interfaces (APIs)) as a cloud computing service |
| --- | --- |

(56)

buying computing platform providing a hosted environment for application development, testing or deployment (such as reusable software modules, application programming interfaces (APIs)) as a cloud computing service

| (x) | for enterprises using interconnected devices or systems that can be monitored or remotely controlled via the internet (Internet of Things): |
| --- | --- |

(x)

for enterprises using interconnected devices or systems that can be monitored or remotely controlled via the internet (Internet of Things):

| (57) | for energy consumption management (such as ‘smart’-meters, -thermostats or -lamps (lights)) |
| --- | --- |

(57)

for energy consumption management (such as ‘smart’-meters, -thermostats or -lamps (lights))

| (58) | for premises’ security (such as ‘smart’-alarm systems, -smoke detectors, -door locks or ‐security cameras) |
| --- | --- |

(58)

for premises’ security (such as ‘smart’-alarm systems, -smoke detectors, -door locks or ‐security cameras)

| (59) | for production processes (such as sensors or RFID tags that are monitored/controlled via the internet and used to monitor or automate the process) |
| --- | --- |

(59)

for production processes (such as sensors or RFID tags that are monitored/controlled via the internet and used to monitor or automate the process)

| (60) | for logistics management (such as sensors monitored/controlled via the internet for tracking products or vehicles in warehouse management) |
| --- | --- |

(60)

for logistics management (such as sensors monitored/controlled via the internet for tracking products or vehicles in warehouse management)

| (61) | for condition-based maintenance (such as sensors monitored/controlled via the internet to monitor maintenance needs of machines or vehicles) |
| --- | --- |

(61)

for condition-based maintenance (such as sensors monitored/controlled via the internet to monitor maintenance needs of machines or vehicles)

| (62) | for customer service (such as ‘smart’ cameras or sensors monitored/controlled via the internet to monitor customers’ activities or offer them a personalised shopping experience) |
| --- | --- |

(62)

for customer service (such as ‘smart’ cameras or sensors monitored/controlled via the internet to monitor customers’ activities or offer them a personalised shopping experience)

| (63) | for other purposes |
| --- | --- |

(63)

for other purposes

| (xi) | For enterprises using Artificial Intelligence technologies, referring specifically to mandatory variables (18) to (24), purpose of use: |
| --- | --- |

(xi)

For enterprises using Artificial Intelligence technologies, referring specifically to mandatory variables (18) to (24), purpose of use:

| (64) | for marketing or sales (such as chatbots based on natural language processing for customer support, customer profiling, price optimisation, personalised marketing offers, market analysis based on machine learning) |
| --- | --- |

(64)

for marketing or sales (such as chatbots based on natural language processing for customer support, customer profiling, price optimisation, personalised marketing offers, market analysis based on machine learning)

| (65) | for production processes (such as predictive maintenance based on machine learning, tools to classify products or find defects in products based on computer vision, autonomous drones for production surveillance, security or inspection tasks, assembly works performed by autonomous robots) |
| --- | --- |

(65)

for production processes (such as predictive maintenance based on machine learning, tools to classify products or find defects in products based on computer vision, autonomous drones for production surveillance, security or inspection tasks, assembly works performed by autonomous robots)

| (66) | for organisation of business administration processes (such as business virtual assistants based on machine learning and/or natural language processing, voice to text conversion based on speech recognition for document drafting, automated planning or scheduling based on machine learning, machine translation) |
| --- | --- |

(66)

for organisation of business administration processes (such as business virtual assistants based on machine learning and/or natural language processing, voice to text conversion based on speech recognition for document drafting, automated planning or scheduling based on machine learning, machine translation)

| (67) | for management of enterprises (such as machine learning to analyse data and help make investment or other decisions, sales or business forecasting based on machine learning, risk assessment based on machine learning) |
| --- | --- |

(67)

for management of enterprises (such as machine learning to analyse data and help make investment or other decisions, sales or business forecasting based on machine learning, risk assessment based on machine learning)

| (68) | for logistics (such as autonomous robots for pick-and-pack solutions in warehouses, route optimisation based on machine learning, autonomous robots for parcel shipping, tracing, distribution and sorting, autonomous drones for parcel delivery) |
| --- | --- |

(68)

for logistics (such as autonomous robots for pick-and-pack solutions in warehouses, route optimisation based on machine learning, autonomous robots for parcel shipping, tracing, distribution and sorting, autonomous drones for parcel delivery)

| (69) | for ICT security (such as face recognition based on computer vision for authentication of ICT users, detection and prevention of cyber-attacks based on machine learning) |
| --- | --- |

(69)

for ICT security (such as face recognition based on computer vision for authentication of ICT users, detection and prevention of cyber-attacks based on machine learning)

| (70) | for human resources management or recruiting (such as candidates pre-selection screening, automation of recruiting based on machine learning, employee profiling or performance analysis based on machine learning, chatbots based on natural language processing for recruiting or supporting human resources management) |
| --- | --- |

(70)

for human resources management or recruiting (such as candidates pre-selection screening, automation of recruiting based on machine learning, employee profiling or performance analysis based on machine learning, chatbots based on natural language processing for recruiting or supporting human resources management)

Optional variables

| (i) | for enterprises with employees and self-employed persons who have access to the internet for business purposes: |
| --- | --- |

(i)

for enterprises with employees and self-employed persons who have access to the internet for business purposes:

| (1) | provision of portable devices that allow a mobile connection to the internet using mobile telephone networks for business purposes |
| --- | --- |

(1)

provision of portable devices that allow a mobile connection to the internet using mobile telephone networks for business purposes

| (2) | having a website |
| --- | --- |

(2)

having a website

| (ii) | for enterprises that provide their employees and self-employed persons portable devices that allow a mobile connection to the internet using mobile telephone networks for business purposes: |
| --- | --- |

(ii)

for enterprises that provide their employees and self-employed persons portable devices that allow a mobile connection to the internet using mobile telephone networks for business purposes:

| (3) | number of employees and self-employed persons, or percentage of the total number of employees and self-employed persons, using a portable device provided by the enterprise that allows internet connection via mobile telephone networks for business purposes |
| --- | --- |

(3)

number of employees and self-employed persons, or percentage of the total number of employees and self-employed persons, using a portable device provided by the enterprise that allows internet connection via mobile telephone networks for business purposes

| (iii) | for enterprises having a website: |
| --- | --- |

(iii)

for enterprises having a website:

| (4) | enterprise’s website has a description of goods or services, price information |
| --- | --- |

(4)

enterprise’s website has a description of goods or services, price information

| (5) | enterprise’s website has online ordering or reservation or booking, such as shopping cart |
| --- | --- |

(5)

enterprise’s website has online ordering or reservation or booking, such as shopping cart

| (6) | enterprise’s website has a possibility for visitors to customise or design online goods or services |
| --- | --- |

(6)

enterprise’s website has a possibility for visitors to customise or design online goods or services

| (7) | enterprise’s website has tracking or status of orders placed |
| --- | --- |

(7)

enterprise’s website has tracking or status of orders placed

| (8) | enterprise’s website has personalised content on the website for regular/recurrent visitors |
| --- | --- |

(8)

enterprise’s website has personalised content on the website for regular/recurrent visitors

| (9) | enterprise’s website has links or references to the enterprise's social media profiles |
| --- | --- |

(9)

enterprise’s website has links or references to the enterprise's social media profiles

| (iv) | for enterprises which had web sales via e-commerce marketplace websites or apps used by several enterprises for trading goods or services, in the previous calendar year: |
| --- | --- |

(iv)

for enterprises which had web sales via e-commerce marketplace websites or apps used by several enterprises for trading goods or services, in the previous calendar year:

| (10) | number of e-commerce marketplaces via which the enterprise had web sales in the previous calendar year: one, two, more than two |
| --- | --- |

(10)

number of e-commerce marketplaces via which the enterprise had web sales in the previous calendar year: one, two, more than two

| (v) | for enterprises which had web sales via two or more e-commerce marketplaces, in the previous calendar year: |
| --- | --- |

(v)

for enterprises which had web sales via two or more e-commerce marketplaces, in the previous calendar year:

| (11) | information if more than half of the turnover from e-commerce marketplaces came from only one e-commerce marketplace, in the previous calendar year |
| --- | --- |

(11)

information if more than half of the turnover from e-commerce marketplaces came from only one e-commerce marketplace, in the previous calendar year

| (vi) | For enterprises using Artificial Intelligence technologies, referring specifically to mandatory variables (18) to (24): |
| --- | --- |

(vi)

For enterprises using Artificial Intelligence technologies, referring specifically to mandatory variables (18) to (24):

| (12) | use of Artificial Intelligence software or systems developed by own employees (including those employed in parent or affiliate enterprises) |
| --- | --- |

(12)

use of Artificial Intelligence software or systems developed by own employees (including those employed in parent or affiliate enterprises)

| (13) | use of commercial Artificial Intelligence software or systems modified by own employees (including those employed in parent of affiliate enterprises) |
| --- | --- |

(13)

use of commercial Artificial Intelligence software or systems modified by own employees (including those employed in parent of affiliate enterprises)

| (14) | use of open-source Artificial Intelligence software or systems modified by own employees (including those employed in parent or affiliate enterprises) |
| --- | --- |

(14)

use of open-source Artificial Intelligence software or systems modified by own employees (including those employed in parent or affiliate enterprises)

| (15) | use of commercial Artificial Intelligence software or systems purchased ready to use (including examples where it was already incorporated in a purchased item or system) |
| --- | --- |

(15)

use of commercial Artificial Intelligence software or systems purchased ready to use (including examples where it was already incorporated in a purchased item or system)

| (16) | use of Artificial Intelligence software or systems developed or modified by contracted external providers |
| --- | --- |

(16)

use of Artificial Intelligence software or systems developed or modified by contracted external providers

| (vii) | For enterprises which did not use any Artificial Intelligence technologies, referring specifically to mandatory variables (18) to (24): |
| --- | --- |

(vii)

For enterprises which did not use any Artificial Intelligence technologies, referring specifically to mandatory variables (18) to (24):

| (17) | consideration of using of Artificial Intelligence technologies, referring specifically to mandatory variables (18) to (24) |
| --- | --- |

(17)

consideration of using of Artificial Intelligence technologies, referring specifically to mandatory variables (18) to (24)

| (viii) | For enterprises which did not use but considered to use Artificial Intelligence technologies, referring specifically to mandatory variables (18) to (24): |
| --- | --- |

(viii)

For enterprises which did not use but considered to use Artificial Intelligence technologies, referring specifically to mandatory variables (18) to (24):

| (18) | Artificial Intelligence technologies not used because the costs seem too high |
| --- | --- |

(18)

Artificial Intelligence technologies not used because the costs seem too high

| (19) | Artificial Intelligence technologies not used because there is a lack of relevant expertise in the enterprise |
| --- | --- |

(19)

Artificial Intelligence technologies not used because there is a lack of relevant expertise in the enterprise

| (20) | Artificial Intelligence technologies not used because of incompatibility with existing equipment, software or systems |
| --- | --- |

(20)

Artificial Intelligence technologies not used because of incompatibility with existing equipment, software or systems

| (21) | Artificial Intelligence technologies not used because of difficulties with availability or quality of the necessary data |
| --- | --- |

(21)

Artificial Intelligence technologies not used because of difficulties with availability or quality of the necessary data

| (22) | Artificial Intelligence technologies not used because of concerns regarding violation of data protection and privacy |
| --- | --- |

(22)

Artificial Intelligence technologies not used because of concerns regarding violation of data protection and privacy

| (23) | use of artificial intelligence technologies not used because of lack of clarity about the legal consequences (such as liability in case of damage caused by the use of Artificial Intelligence) |
| --- | --- |

(23)

use of artificial intelligence technologies not used because of lack of clarity about the legal consequences (such as liability in case of damage caused by the use of Artificial Intelligence)

| (24) | Artificial Intelligence technologies not used because of ethical considerations |
| --- | --- |

(24)

Artificial Intelligence technologies not used because of ethical considerations

| (25) | Artificial Intelligence technologies not used because they are not useful for the enterprise |
| --- | --- |

(25)

Artificial Intelligence technologies not used because they are not useful for the enterprise

| Measurement unit | Absolute figures, except for characteristics related to turnover in national currency (thousands) or percentage of (total) turnover |
| --- | --- |
| Statistical population | Activity coverage:

  NACE Sections C to J, L to N and group 95.1

  Size class coverage:

  Enterprises with 10 or more employees and self-employed persons. Enterprises with less than 10 employees and self-employed persons may be covered optionally |
| Breakdowns | Activity breakdown


  for calculation of national aggregates:







  — | aggregates of NACE sections and group C+D+E+F+G+H+I+J+L+M+N+95.1, D+E |

Measurement unit

Absolute figures, except for characteristics related to turnover in national currency (thousands) or percentage of (total) turnover

Statistical population

Activity coverage:

NACE Sections C to J, L to N and group 95.1

Size class coverage:

Enterprises with 10 or more employees and self-employed persons. Enterprises with less than 10 employees and self-employed persons may be covered optionally

Breakdowns

Activity breakdown

for calculation of national aggregates:

—

aggregates of NACE sections and group C+D+E+F+G+H+I+J+L+M+N+95.1, D+E

| — | NACE sections: C, F, G, H, I, J, L, M, N |
| --- | --- |

—

NACE sections: C, F, G, H, I, J, L, M, N

| — | NACE divisions: 47, 55 |
| --- | --- |

—

NACE divisions: 47, 55

| — | aggregates of NACE divisions: 10+11+12+13+14+15+16+17+18, 19+20+21+22+23, 24+25, 26+27+28+29+30+31+32+33 |
| --- | --- |

—

aggregates of NACE divisions: 10+11+12+13+14+15+16+17+18, 19+20+21+22+23, 24+25, 26+27+28+29+30+31+32+33

| — | aggregate of the divisions and groups: 26.1+26.2+26.3+26.4+26.8+46.5+58.2+61+62+63.1+95.1 |
| --- | --- |

—

aggregate of the divisions and groups: 26.1+26.2+26.3+26.4+26.8+46.5+58.2+61+62+63.1+95.1

for contribution to the European totals only

| — | NACE sections: D, E |
| --- | --- |

—

NACE sections: D, E

| — | NACE divisions: 19, 20, 21, 26, 27, 28, 45, 46, 61, 72, 79 |
| --- | --- |

—

NACE divisions: 19, 20, 21, 26, 27, 28, 45, 46, 61, 72, 79

| — | NACE group: 95.1 |
| --- | --- |

—

NACE group: 95.1

| — | aggregates of NACE divisions: 10+11+12, 13+14+15, 16+17+18, 22+23, 29+30, 31+32+33, 58+59+60, 62+63, 69+70+71, 73+74+75, 77+78+80+81+82 |
| --- | --- |

—

aggregates of NACE divisions: 10+11+12, 13+14+15, 16+17+18, 22+23, 29+30, 31+32+33, 58+59+60, 62+63, 69+70+71, 73+74+75, 77+78+80+81+82

Size class of number of employees and self-employed persons: 10+, 10–49, 50–249, 250+; optional: 0–9, 0–1, 2–9

Data transmission deadline

5 October 2021

---

| 16.7.2020 | EN | Official Journal of the European Union | L 227/21 |
| --- | --- | --- | --- |

16.7.2020

EN

Official Journal of the European Union

L 227/21

---

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1031

of 15 July 2020

concerning the authorisation of benzoic acid as a feed additive for pigs for fattening (holder of authorisation DSM Nutritional Products Ltd represented by DSM Nutritional Products Sp. Z o.o)

(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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,

Whereas:

| (1) | Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. |
| --- | --- |

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

| (2) | In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of benzoic acid. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003. |
| --- | --- |

(2)

In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of benzoic acid. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

| (3) | That application concerns the authorisation of benzoic acid as a feed additive for pigs for fattening, to be classified in the additive category ‘zootechnical additives’. |
| --- | --- |

(3)

That application concerns the authorisation of benzoic acid as a feed additive for pigs for fattening, to be classified in the additive category ‘zootechnical additives’.

| (4) | The European Food Safety Authority (‘the Authority’) concluded in its opinion of 15 May 2019 (2) that, under the proposed conditions of use, benzoic acid does not have an adverse effect on animal health, consumer safety or the environment. It also concluded that the additive is a skin irritant and severe eye irritant. Therefore, appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. The Authority concluded that benzoic acid has the potential to be efficacious improving the zootechnical performance in pigs for fattening. The Authority did not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003. |
| --- | --- |

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 15 May 2019 (2) that, under the proposed conditions of use, benzoic acid does not have an adverse effect on animal health, consumer safety or the environment. It also concluded that the additive is a skin irritant and severe eye irritant. Therefore, appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. The Authority concluded that benzoic acid has the potential to be efficacious improving the zootechnical performance in pigs for fattening. The Authority did not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

| (5) | The assessment of benzoic acid shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation. |
| --- | --- |

(5)

The assessment of benzoic acid shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(6)

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

The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘other zootechnical additives’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.

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, 15 July 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 268, 18.10.2003, p. 29.

1

(2)  
  EFSA Journal 2019; 17(6):5727.

2

EFSA Journal

---

ANNEX

| Identification number of the additive | Name of the holder of authorisation | Additive | Composition, chemical formula, description, analytical method | Species or category of animal | Maximum age | Minimum content | Maximum content | Other provisions | End of period of authorisation |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| mg of active substance/kg of complete feedingstuff with a moisture content of 12 % |
| Category of zootechnical additives. Functional group: other zootechnical additives (improvement of zootechnical parameters) |
| 4d210 | DSM Nutritional Products Ltd represented by DSM Nutritional Products Sp. Z o.o | Benzoic acid | Additive composition

  Benzoic acid (≥ 99,9 %)
  ————————————————

  Characterisation of active substance

  Benzenecarboxylic acid, phenylcarboxylic acid,
  C7H6O2

  CAS number 65-85-0
  Maximum level of the impurities:
  Phthalic acid: ≤ 100 mg/kg
  Biphenyl: ≤ 100 mg/kg
  ————————————————

  Analytical method
   (1)

  For the quantification of benzoic
  acid in the feed additive:






  — | titration with sodium hydroxide (European Pharmacopoeia |

Identification number of the additive

Name of the holder of authorisation

Additive

Composition, chemical formula, description, analytical method

Species or category of animal

Maximum age

Minimum content

Maximum content

Other provisions

End of period of authorisation

mg of active substance/kg of complete feedingstuff with a moisture content of 12 %

Category of zootechnical additives. Functional group: other zootechnical additives (improvement of zootechnical parameters)

4d210

DSM Nutritional Products Ltd represented by DSM Nutritional Products Sp. Z o.o

Benzoic acid

Additive composition

Benzoic acid (≥ 99,9 %)

————————————————

Characterisation of active substance

Benzenecarboxylic acid, phenylcarboxylic acid,

C7H6O2

CAS number 65-85-0

Maximum level of the impurities:

Phthalic acid: ≤ 100 mg/kg

Biphenyl: ≤ 100 mg/kg

————————————————

Analytical method
   (1)

For the quantification of benzoic

acid in the feed additive:

—

titration with sodium hydroxide (European Pharmacopoeia

monograph 0066).

For the quantification of the benzoic acid in the premixtures and feedingstuffs: – reversed phase liquid chromatography with UV detection (RP- HPLC/UV) – method based on ISO9231:2008

Pigs for fattening

-

3 000

10 000

| 1. | In the directions for use of the additive and premixture, the storage conditions and stability to heat treatment shall be indicated. |
| --- | --- |

1.

In the directions for use of the additive and premixture, the storage conditions and stability to heat treatment shall be indicated.

| 2. | The additive shall not be used with other sources of benzoic acid or benzoates. |
| --- | --- |

2.

The additive shall not be used with other sources of benzoic acid or benzoates.

| 3. | The directions of use shall be indicated: ‘Complementary feedingstuffs containing benzoic acid shall not be fed to pig for fattening as such. Complementary feedingstuff containing benzoic acid shall be thoroughly mixed with other feed materials of the daily ration’. |
| --- | --- |

3.

The directions of use shall be indicated: ‘Complementary feedingstuffs containing benzoic acid shall not be fed to pig for fattening as such. Complementary feedingstuff containing benzoic acid shall be thoroughly mixed with other feed materials of the daily ration’.

| 4. | For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including skin and eyes. |
| --- | --- |

4.

For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including skin and eyes.

5 August 2030

---

(1)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports

---

| 16.7.2020 | EN | Official Journal of the European Union | L 227/24 |
| --- | --- | --- | --- |

16.7.2020

EN

Official Journal of the European Union

L 227/24

---

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1032

of 15 July 2020

concerning the authorisation of the preparation of Bacillus subtilis DSM 28343 as a feed additive for calves for rearing and pigs for fattening (holder of authorisation Lactosan GmbH & Co. KG)

(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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,

Whereas:

| (1) | Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. |
| --- | --- |

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

| (2) | In accordance with Article 7 of Regulation (EC) No 1831/2003, two applications were submitted for the authorisation of the preparation of Bacillus subtilis DSM 28343. Those applications were accompanied by the particulars and documents required under Article 7(3) of that Regulation. |
| --- | --- |

(2)

In accordance with Article 7 of Regulation (EC) No 1831/2003, two applications were submitted for the authorisation of the preparation of Bacillus subtilis DSM 28343. Those applications were accompanied by the particulars and documents required under Article 7(3) of that Regulation.

| (3) | Those applications concern the authorisation of the preparation of Bacillus subtilis DSM 28343 as a feed additive for calves for rearing and pigs for fattening, to be classified in the additive category ‘zootechnical additives’. |
| --- | --- |

(3)

Those applications concern the authorisation of the preparation of Bacillus subtilis DSM 28343 as a feed additive for calves for rearing and pigs for fattening, to be classified in the additive category ‘zootechnical additives’.

| (4) | The European Food Safety Authority (‘the Authority’) concluded in its opinions of 6 March 2018 (2), 4 July 2019 (3) and 15 May 2019 (4) that, under the proposed conditions of use, the preparation of Bacillus subtilis DSM 28343 does not have an adverse effect on animal health, consumer safety or the environment. It also concluded that the additive should be considered a potential respiratory sensitiser and no conclusion can be drawn on its potential skin sensitisation. Therefore, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. The Authority concluded that the additive has a significant effect on growth performance in calves for rearing and a potential to increase the body weight gain of pigs for fattening. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003. |
| --- | --- |

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinions of 6 March 2018 (2), 4 July 2019 (3) and 15 May 2019 (4) that, under the proposed conditions of use, the preparation of Bacillus subtilis DSM 28343 does not have an adverse effect on animal health, consumer safety or the environment. It also concluded that the additive should be considered a potential respiratory sensitiser and no conclusion can be drawn on its potential skin sensitisation. Therefore, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. The Authority concluded that the additive has a significant effect on growth performance in calves for rearing and a potential to increase the body weight gain of pigs for fattening. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

| (5) | The assessment of the preparation of Bacillus subtilis DSM 28343 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation. |
| --- | --- |

(5)

The assessment of the preparation of Bacillus subtilis DSM 28343 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(6)

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

Authorisation

The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘gut flora stabilisers’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.

Article 2

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.

Official Journal of the European Union.

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

Done at Brussels, 15 July 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 268, 18.10.2003, p. 29.

1

(2)  
  EFSA Journal 2018;16(3):5220.

2

EFSA Journal

(3)  
  EFSA Journal 2019;17(7):5793.

3

EFSA Journal

(4)  
  EFSA Journal 2019;17(5):5725.

4

EFSA Journal

---

ANNEX

| Identification number of the additive | Name of the holder of authorisation | Additive | Composition, chemical formula, description, analytical method | Species or category of animal | Maximum age | Minimum content | Maximum content | Other provisions | End of period of authorisation |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| CFU/kg of complete feedingstuff with a moisture content of 12 % |
| Category of zootechnical additives. Functional group: gut flora stabilisers |
| 4b1825 | Lactosan GmbH & Co. KG | Bacillus subtilis

  DSM 28343 | Additive composition

  Preparation of Bacillus subtilis DSM 28343 containing a minimum of 1 × 1010 CFU/g of additive
  Solid form
  ———————————————

  Characterisation of the active substance

  Viable spores of Bacillus subtilis DSM 28343
  ———————————————

  Analytical method
   (1)

  For identification of Bacillus subtilis DSM 28343 in the feed additive, premixtures and feedingstuffs: Pulsed Field Gel Electrophoresis (PFGE)
  For enumeration of Bacillus subtilis DSM 28343 in the feed additive, premixtures and feedingstuffs: Spread plate method using tryptone soya agar – EN 15784 | Calves for rearing
  Pigs for fattening | -
  - | 1 × 109

  2 × 108 | - | 1. | In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated. |

Identification number of the additive

Name of the holder of authorisation

Additive

Composition, chemical formula, description, analytical method

Species or category of animal

Maximum age

Minimum content

Maximum content

Other provisions

End of period of authorisation

CFU/kg of complete feedingstuff with a moisture content of 12 %

Category of zootechnical additives. Functional group: gut flora stabilisers

4b1825

Lactosan GmbH & Co. KG

Bacillus subtilis

DSM 28343

Additive composition

Preparation of Bacillus subtilis DSM 28343 containing a minimum of 1 × 1010 CFU/g of additive

Solid form

———————————————

Characterisation of the active substance

Viable spores of Bacillus subtilis DSM 28343

———————————————

Analytical method
   (1)

For identification of Bacillus subtilis DSM 28343 in the feed additive, premixtures and feedingstuffs: Pulsed Field Gel Electrophoresis (PFGE)

For enumeration of Bacillus subtilis DSM 28343 in the feed additive, premixtures and feedingstuffs: Spread plate method using tryptone soya agar – EN 15784

Calves for rearing

Pigs for fattening

-

-

1 × 109

2 × 108

-

1.

In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

| 2. | The use in calves for rearing shall be restricted to milk replacers. |
| --- | --- |

2.

The use in calves for rearing shall be restricted to milk replacers.

| 3. | For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment. |
| --- | --- |

3.

For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment.

5 August 2030

---

(1)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports

---

| 16.7.2020 | EN | Official Journal of the European Union | L 227/27 |
| --- | --- | --- | --- |

16.7.2020

EN

Official Journal of the European Union

L 227/27

---

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1033

of 15 July 2020

concerning the renewal of the authorisation of L-arginine produced by Corynebacterium glutamicum ATCC 13870 and the authorisation of L-arginine produced by Corynebacterium glutamicum KCCM 80182 as feed additives for all animal species, and repealing Regulation (EC) No 1139/2007

(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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,

Whereas:

| (1) | Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting and renewing such authorisation. |
| --- | --- |

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting and renewing such authorisation.

| (2) | L-arginine produced by Corynebacterium glutamicum ATCC 13870 was authorised for 10 years as a feed additive for all animal species by Commission Regulation (EC) No 1139/2007 (2). |
| --- | --- |

(2)

L-arginine produced by Corynebacterium glutamicum ATCC 13870 was authorised for 10 years as a feed additive for all animal species by Commission Regulation (EC) No 1139/2007 (2).

| (3) | In accordance with Article 14 of Regulation (EC) No 1831/2003, an application was submitted for the renewal of the authorisation of L-arginine produced by Corynebacterium glutamicum ATCC 13870 as feed additive for all animal species, requesting this additive to be classified in the additive category ‘nutritional additives’, functional group ‘amino acids, their salts and analogues’. This application was accompanied by the particulars and documents required under Article 14(2) of Regulation (EC) No 1831/2003 and included a request to change the strain designation to Corynebacterium glutamicum NITE SD 00285. |
| --- | --- |

(3)

In accordance with Article 14 of Regulation (EC) No 1831/2003, an application was submitted for the renewal of the authorisation of L-arginine produced by Corynebacterium glutamicum ATCC 13870 as feed additive for all animal species, requesting this additive to be classified in the additive category ‘nutritional additives’, functional group ‘amino acids, their salts and analogues’. This application was accompanied by the particulars and documents required under Article 14(2) of Regulation (EC) No 1831/2003 and included a request to change the strain designation to Corynebacterium glutamicum NITE SD 00285.

| (4) | In accordance with Article 7 of Regulation (EC) No 1831/2003 an application was submitted for the authorisation of L-arginine produced by Corynebacterium glutamicum KCCM 80182 as a feed additive for use in feed and in water for drinking for all animal species. The application concerns the authorisation of L-arginine produced by Corynebacterium glutamicum KCCM 80182 as a feed additive for all animal species to be classified in the additive category ‘nutritional additives’, functional group ‘amino acids, their salts and analogues’ and additive category ‘sensory additives’, functional group ‘flavouring compounds’. This application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003. |
| --- | --- |

(4)

In accordance with Article 7 of Regulation (EC) No 1831/2003 an application was submitted for the authorisation of L-arginine produced by Corynebacterium glutamicum KCCM 80182 as a feed additive for use in feed and in water for drinking for all animal species. The application concerns the authorisation of L-arginine produced by Corynebacterium glutamicum KCCM 80182 as a feed additive for all animal species to be classified in the additive category ‘nutritional additives’, functional group ‘amino acids, their salts and analogues’ and additive category ‘sensory additives’, functional group ‘flavouring compounds’. This application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

| (5) | The European Food Safety Authority (‘the Authority’) concluded in its opinions of 3 April 2019 (3) and 14 May 2019 (4) that, under the proposed conditions of use, L-arginine produced by Corynebacterium glutamicum NITE SD 00285 and by Corynebacterium glutamicum KCCM 80182 does not have an adverse effect on animal health, consumer health or the environment. It also stated for L-arginine produced by Corynebacterium glutamicum NITE SD 00285 to be irritant to skin, corrosive to eyes and hazardous upon inhalation. For L-arginine produced by Corynebacterium glutamicum KCCM 80182, it stated to be corrosive to skin and eyes. Therefore, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. The Authority also concluded that the additive is an effective source of the amino acid arginine for all animal species and that for the supplemental L-arginine to be fully efficacious in ruminants, it should be protected against degradation in the rumen. |
| --- | --- |

(5)

The European Food Safety Authority (‘the Authority’) concluded in its opinions of 3 April 2019 (3) and 14 May 2019 (4) that, under the proposed conditions of use, L-arginine produced by Corynebacterium glutamicum NITE SD 00285 and by Corynebacterium glutamicum KCCM 80182 does not have an adverse effect on animal health, consumer health or the environment. It also stated for L-arginine produced by Corynebacterium glutamicum NITE SD 00285 to be irritant to skin, corrosive to eyes and hazardous upon inhalation. For L-arginine produced by Corynebacterium glutamicum KCCM 80182, it stated to be corrosive to skin and eyes. Therefore, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. The Authority also concluded that the additive is an effective source of the amino acid arginine for all animal species and that for the supplemental L-arginine to be fully efficacious in ruminants, it should be protected against degradation in the rumen.

| (6) | The Authority expressed in its opinion on L-arginine produced by Corynebacterium glutamicum KCCM 80182 a concern on the safety of the simultaneous oral administration of the amino acid via water for drinking and feed. However, the Authority did not propose a maximum content for L-arginine. Moreover, the Authority recommends supplementation with L-arginine in appropriate amounts. Thus, in the case of supplementation with L-arginine via water for drinking it is appropriate to alert the user to take into account the dietary supply with all the essential and conditionally essential amino acids. |
| --- | --- |

(6)

The Authority expressed in its opinion on L-arginine produced by Corynebacterium glutamicum KCCM 80182 a concern on the safety of the simultaneous oral administration of the amino acid via water for drinking and feed. However, the Authority did not propose a maximum content for L-arginine. Moreover, the Authority recommends supplementation with L-arginine in appropriate amounts. Thus, in the case of supplementation with L-arginine via water for drinking it is appropriate to alert the user to take into account the dietary supply with all the essential and conditionally essential amino acids.

| (7) | Restrictions and conditions should be provided for to allow for a better control for L-arginine when used as flavouring. For L-arginine used as flavouring recommended content should be indicated on the label. Where such content is exceeded, certain information should be indicated on the label of premixtures. |
| --- | --- |

(7)

Restrictions and conditions should be provided for to allow for a better control for L-arginine when used as flavouring. For L-arginine used as flavouring recommended content should be indicated on the label. Where such content is exceeded, certain information should be indicated on the label of premixtures.

| (8) | As regards the use of L-arginine as a flavouring, the Authority states that no further demonstration of efficacy is necessary when the substance is used at the recommended dose level. The use of L-arginine as a flavouring compound is not authorised in water for drinking. At the recommended dose, L-arginine as flavouring compound is not likely to pose any concern for the dietary supply with all the essential and conditionally essential amino acids. |
| --- | --- |

(8)

As regards the use of L-arginine as a flavouring, the Authority states that no further demonstration of efficacy is necessary when the substance is used at the recommended dose level. The use of L-arginine as a flavouring compound is not authorised in water for drinking. At the recommended dose, L-arginine as flavouring compound is not likely to pose any concern for the dietary supply with all the essential and conditionally essential amino acids.

| (9) | The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the reports on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003. |
| --- | --- |

(9)

The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the reports on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

| (10) | The assessment of L-arginine produced by Corynebacterium glutamicum NITE SD 00285 and by Corynebacterium glutamicum KCCM 80182 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this additive should be authorised as specified in the Annex to this Regulation. |
| --- | --- |

(10)

The assessment of L-arginine produced by Corynebacterium glutamicum NITE SD 00285 and by Corynebacterium glutamicum KCCM 80182 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this additive should be authorised as specified in the Annex to this Regulation.

| (11) | As a consequence of the renewal of the authorisation of L-arginine produced by Corynebacterium glutamicum ATCC 13870 as a feed additive under the conditions laid down in the Annex to this Regulation, Regulation (EC) No 1139/2007 should be repealed. |
| --- | --- |

(11)

As a consequence of the renewal of the authorisation of L-arginine produced by Corynebacterium glutamicum ATCC 13870 as a feed additive under the conditions laid down in the Annex to this Regulation, Regulation (EC) No 1139/2007 should be repealed.

| (12) | Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation for L-arginine produced by Corynebacterium glutamicum ATCC 13870, it is appropriate to provide a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the renewal of the authorisation. |
| --- | --- |

(12)

Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation for L-arginine produced by Corynebacterium glutamicum ATCC 13870, it is appropriate to provide a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the renewal of the authorisation.

| (13) | The fact that the use of the L-arginine is not authorised for use as a flavouring in water for drinking, does not preclude its use in compound feed, which is administered via water. |
| --- | --- |

(13)

The fact that the use of the L-arginine is not authorised for use as a flavouring in water for drinking, does not preclude its use in compound feed, which is administered via water.

| (14) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(14)

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

HAS ADOPTED THIS REGULATION:

Article 1

1.   The authorisation of L-arginine produced by Corynebacterium glutamicum ATCC 13870, belonging to the additive category ‘nutritional additives’ and to the functional group ‘amino acids, their salts and analogues’, is renewed subject to the conditions laid down in the Annex.

2.   L-arginine produced by Corynebacterium glutamicum KCCM 80182, belonging to the additive category ‘nutritional additives’ and to the functional group ‘amino acids, their salts and analogues’, and in the additive category ‘sensory additives’, functional group ‘flavouring compounds’ is authorised as an additive in animal nutrition subject to the conditions laid down in the Annex.

Article 2

1.   L-arginine produced by Corynebacterium glutamicum ATCC 13870 and premixtures containing it, which are produced and labelled before 5 February 2021 in accordance with the rules applicable before 5 August 2020 may continue to be placed on the market and used until the existing stocks are exhausted.

2.   Feed materials and compound feed containing the substances referred to in point 1, which are produced and labelled before 5 August 2021 in accordance with the rules applicable before 5 August 2020 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for food-producing animals.

3.   Feed materials and compound feed containing the substances referred to in point 1, which are produced and labelled before 5 August 2022 in accordance with the rules applicable before 5 August 2020 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for non-food-producing animals.

Article 3

Regulation (EC) No 1139/2007 is repealed.

Article 4

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, 15 July 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 268, 18.10.2003, p. 29.

1

(2)  Commission Regulation (EC) No 1139/2007 of 1 October 2007 concerning the authorisation of L-arginine as a feed additive (OJ L 256, 2.10.2007, p. 11).

2

(3)  
  EFSA Journal 2019;17(5):5696.

3

EFSA Journal

(4)  
  EFSA Journal 2019;17(6):5720.

4

EFSA Journal

---

ANNEX

| Identification number of the additive | Name of the holder of authorisation | Additive | Composition, chemical formula, description, analytical method. | Species or category of animal | Maximum age | Minimum content | Maximum content | Other provisions | End of period of authorisation |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| mg/kg of complete feed with a moisture content of 12 % |
| Category of nutritional additives. Functional group: amino acids, their salts and analogues |
| 3c364 | - | L-arginine | Additive composition:

  Powder with a minimum content of L-arginine of 98 % (on a dry matter basis) and a maximum content of 15 % water | All animal species | - | - | - | 1. | L-arginine may be placed on the market and used as an additive consisting of a preparation. |

Identification number of the additive

Name of the holder of authorisation

Additive

Composition, chemical formula, description, analytical method.

Species or category of animal

Maximum age

Minimum content

Maximum content

Other provisions

End of period of authorisation

mg/kg of complete feed with a moisture content of 12 %

Category of nutritional additives. Functional group: amino acids, their salts and analogues

3c364

-

L-arginine

Additive composition:

Powder with a minimum content of L-arginine of 98 % (on a dry matter basis) and a maximum content of 15 % water

All animal species

-

-

-

1.

L-arginine may be placed on the market and used as an additive consisting of a preparation.

| 2. | In the directions for use of the additive and premixture, the storage conditions and the stability to heat treatment shall be indicated. |
| --- | --- |

2.

In the directions for use of the additive and premixture, the storage conditions and the stability to heat treatment shall be indicated.

| 3. | The moisture content shall be indicated on the label of the additive. |
| --- | --- |

3.

The moisture content shall be indicated on the label of the additive.

| 4. | For users of the additive and premixture, feed business operators shall establish operational procedures and organisational measures to address potential risks for the eyes and skin and by inhalation. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixture shall be used with personal protective equipment. |
| --- | --- |

4.

For users of the additive and premixture, feed business operators shall establish operational procedures and organisational measures to address potential risks for the eyes and skin and by inhalation. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixture shall be used with personal protective equipment.

5 August 2030

Characterisation of the active substance:

L-arginine ((S)-2-amino-5-guanidinopentanoic acid) produced by fermentation with Corynebacterium glutamicum NITE SD 00285.

Chemical formula: C6H14N4O2

CAS number: 74-79-3

Analytical method
   (1):

For the identification of L-arginine in the feed additive:

| — | Food Chemical Codex ‘L-arginine monograph’ |
| --- | --- |

—

Food Chemical Codex ‘L-arginine monograph’

For the quantification of arginine in the feed additive:

| — | ion exchange chromatography coupled with post-column derivatisation and photometric detection (IEC-VIS) |
| --- | --- |

—

ion exchange chromatography coupled with post-column derivatisation and photometric detection (IEC-VIS)

For the quantification of arginine in premixtures, compound feed and feed materials:

| — | ion exchange chromatography coupled with post-column derivatisation and photometric detection (IEC-VIS) – Commission Regulation (EC) No 152/2009 (Annex III, F) |
| --- | --- |

—

ion exchange chromatography coupled with post-column derivatisation and photometric detection (IEC-VIS) – Commission Regulation (EC) No 152/2009 (Annex III, F)

3c362

-

L-arginine

Additive composition:

Powder with a minimum content of L-arginine of 98 % (on a dry matter basis) and a maximum content of 0,5 % water

All animal species

-

-

-

| 1. | L-arginine may be placed on the market and used as an additive consisting of a preparation. |
| --- | --- |

1.

L-arginine may be placed on the market and used as an additive consisting of a preparation.

| 2. | The additive may also be used via water for drinking. |
| --- | --- |

2.

The additive may also be used via water for drinking.

| 3. | In the directions for use of the additive and premixture, the storage conditions, the stability to heat treatment and the stability in water for drinking shall be indicated. |
| --- | --- |

3.

In the directions for use of the additive and premixture, the storage conditions, the stability to heat treatment and the stability in water for drinking shall be indicated.

| 4. | Declaration to be made on the label of the additive and premixture: ‘The supplementation with L-arginine, in particular via water for drinking, should take into account all essential and conditionally essential amino acids in order to avoid imbalances.’ |
| --- | --- |

4.

Declaration to be made on the label of the additive and premixture: ‘The supplementation with L-arginine, in particular via water for drinking, should take into account all essential and conditionally essential amino acids in order to avoid imbalances.’

| 5. | For users of the additive and premixture, feed business operators shall establish operational procedures and organisational measures to address potential risks for skin and eyes. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixture shall be used with personal protective equipment. |
| --- | --- |

5.

For users of the additive and premixture, feed business operators shall establish operational procedures and organisational measures to address potential risks for skin and eyes. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixture shall be used with personal protective equipment.

5 August 2030

Characterisation of the active substance:

L-arginine ((S)-2-amino-5-guanidinopentanoic acid) produced by fermentation with Corynebacterium glutamicum KCCM 80182

Chemical formula: C6H14N4O2

CAS number: 74-79-3

Analytical method
   (2):

For the identification of L-arginine in the feed additive:

| — | Food Chemical Codex ‘L-arginine monograph’ |
| --- | --- |

—

Food Chemical Codex ‘L-arginine monograph’

For the quantification of arginine in the feed additive and water:

| — | ion exchange chromatography coupled with post-column derivatisation and photometric detection (IEC-VIS) |
| --- | --- |

—

ion exchange chromatography coupled with post-column derivatisation and photometric detection (IEC-VIS)

For the quantification of arginine in premixtures, compound feed and feed materials:

| — | ion exchange chromatography coupled with post-column derivatisation and photometric detection (IEC-VIS) – Commission Regulation (EC) No 152/2009 (Annex III, F) |
| --- | --- |

—

ion exchange chromatography coupled with post-column derivatisation and photometric detection (IEC-VIS) – Commission Regulation (EC) No 152/2009 (Annex III, F)

Category: Sensory additives. Functional group: Flavouring compounds

3c362

-

L-arginine

Additive composition:

Powder with a minimum content of L-arginine of 98 % (on a dry matter basis) and a maximum content of 0,5 % water

All animal species

-

-

| 1. | L-arginine may be placed on the market and used as an additive consisting of a preparation. |
| --- | --- |

1.

L-arginine may be placed on the market and used as an additive consisting of a preparation.

| 2. | The additive shall be incorporated into the feed in the form of a premixture. |
| --- | --- |

2.

The additive shall be incorporated into the feed in the form of a premixture.

| 3. | In the directions for use of the additive and premixture, the storage conditions and the stability to heat treatment shall be indicated. |
| --- | --- |

3.

In the directions for use of the additive and premixture, the storage conditions and the stability to heat treatment shall be indicated.

| 4. | On the label of the additive the following shall be indicated:
  ‘Recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12 %: 25 mg/kg.’ |
| --- | --- |

4.

On the label of the additive the following shall be indicated:

‘Recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12 %: 25 mg/kg.’

| 5. | The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the label of the premixtures, if the following content of the active substance in complete feedingstuff with a moisture content of 12 % is exceeded: 25 mg/kg. |
| --- | --- |

5.

The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the label of the premixtures, if the following content of the active substance in complete feedingstuff with a moisture content of 12 % is exceeded: 25 mg/kg.

| 6. | For users of the additive and premixture, feed business operators shall establish operational procedures and organisational measures to address potential risks for skin and eyes. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixture shall be used with personal protective equipment. |
| --- | --- |

6.

For users of the additive and premixture, feed business operators shall establish operational procedures and organisational measures to address potential risks for skin and eyes. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixture shall be used with personal protective equipment.

5 August 2030

Characterisation of the active substance:

L-arginine ((S)-2-amino-5-guanidinopentanoic acid) produced by fermentation with Corynebacterium glutamicum KCCM 80182

Chemical formula: C6H14N4O2

CAS number: 74-79-3

Flavis 17.003

Analytical method
   (3):

For the identification of L-arginine in the feed additive:

| — | Food Chemical Codex ‘L-arginine monograph’ |
| --- | --- |

—

Food Chemical Codex ‘L-arginine monograph’

For the quantification of arginine in the feed additive:

| — | ion exchange chromatography coupled with post-column derivatisation and photometric detection (IEC-VIS) |
| --- | --- |

—

ion exchange chromatography coupled with post-column derivatisation and photometric detection (IEC-VIS)

For the quantification of arginine in premixtures, compound feed and feed materials:

| — | ion exchange chromatography coupled with post-column derivatisation and photometric detection (IEC-VIS) – Commission Regulation (EC) No 152/2009 (Annex III, F). |
| --- | --- |

—

ion exchange chromatography coupled with post-column derivatisation and photometric detection (IEC-VIS) – Commission Regulation (EC) No 152/2009 (Annex III, F).

---

(1)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports

(2)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports

(3)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports

---

| 16.7.2020 | EN | Official Journal of the European Union | L 227/34 |
| --- | --- | --- | --- |

16.7.2020

EN

Official Journal of the European Union

L 227/34

---

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1034

of 15 July 2020

concerning the authorisation of a preparation of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 26372) as a feed additive for laying hens (holder of authorisation DSM Nutritional Products Ltd represented by DSM Nutritional Products Sp. Z o.o)

(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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,

Whereas:

| (1) | Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. |
| --- | --- |

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

| (2) | In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of a preparation of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 26372). That application was accompanied by the particulars and documents required under Article 7(3) of that Regulation. |
| --- | --- |

(2)

In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of a preparation of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 26372). That application was accompanied by the particulars and documents required under Article 7(3) of that Regulation.

| (3) | This application concerns the authorisation of a preparation of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 26372) as a feed additive for laying hens, to be classified in the additive category ‘zootechnical additives’. |
| --- | --- |

(3)

This application concerns the authorisation of a preparation of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 26372) as a feed additive for laying hens, to be classified in the additive category ‘zootechnical additives’.

| (4) | The European Food Safety Authority (‘the Authority’) concluded in its opinions of 26 September 2017 (2) and 13 November 2019 (3) that, under the proposed conditions of use, the preparation of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 26372) does not have an adverse effect on animal health, consumer safety or the environment. It also concluded that the additive is considered as a potential respiratory sensitiser and that no conclusion could be drawn on dermal sensitisation potential by the additive. Therefore, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. The Authority also concluded that the additive showed an effect in improving laying performance. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003. |
| --- | --- |

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinions of 26 September 2017 (2) and 13 November 2019 (3) that, under the proposed conditions of use, the preparation of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 26372) does not have an adverse effect on animal health, consumer safety or the environment. It also concluded that the additive is considered as a potential respiratory sensitiser and that no conclusion could be drawn on dermal sensitisation potential by the additive. Therefore, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. The Authority also concluded that the additive showed an effect in improving laying performance. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

| (5) | The assessment of the preparation of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 26372) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation. |
| --- | --- |

(5)

The assessment of the preparation of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 26372) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(6)

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

The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘digestibility enhancers’, is authorised as an additive in animal nutrition as set out in the Annex.

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, 15 July 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 268, 18.10.2003, p. 29.

1

(2)  
  EFSA Journal 2017;15(10):5020.

2

EFSA Journal

(3)  
  EFSA Journal 2019;17(11):5919.

3

EFSA Journal

---

ANNEX

| Identification number of the additive | Name of the holder of authorisation | Additive | Composition, chemical formula, description, analytical method | Species or category of animal | Maximum age | Minimum content | Maximum content | Other provisions | End of period of authorisation |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Units of activity/kg of complete feedingstuff with a moisture content of 12 % |
| Category of zootechnical additives. Functional group: digestibility enhancers. |
| 4a1607i | DSM Nutritional Products Ltd represented by DSM Nutritional Products Sp. Z o.o | Endo-1,4-beta-xylanase
  (EC 3.2.1.8) | Additive composition


  Preparation of endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Aspergillus oryzae (DSM 26372) having a minimum activity of:
  Solid form: 1 000 FXU (1)/g
  Liquid form: 650 FXU/ml | Laying hens | - | 100 FXU | - | 1. | In the directions for use of the additive and premixture, the storage conditions and stability to heat treatment shall be indicated. |

Identification number of the additive

Name of the holder of authorisation

Additive

Composition, chemical formula, description, analytical method

Species or category of animal

Maximum age

Minimum content

Maximum content

Other provisions

End of period of authorisation

Units of activity/kg of complete feedingstuff with a moisture content of 12 %

Category of zootechnical additives. Functional group: digestibility enhancers.

4a1607i

DSM Nutritional Products Ltd represented by DSM Nutritional Products Sp. Z o.o

Endo-1,4-beta-xylanase

(EC 3.2.1.8)

Additive composition

Preparation of endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Aspergillus oryzae (DSM 26372) having a minimum activity of:

Solid form: 1 000 FXU (1)/g

Liquid form: 650 FXU/ml

Laying hens

-

100 FXU

-

1.

In the directions for use of the additive and premixture, the storage conditions and stability to heat treatment shall be indicated.

| 2. | For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including skin, eyes and breathing protection. |
| --- | --- |

2.

For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including skin, eyes and breathing protection.

5.8.2030

Characterisation of active substance

Endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Aspergillus oryzae (DSM 26372)

Analytical method

   (2)

For quantification of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 26372) in a feed additive:

| — | colorimetric method measuring coloured compound produced by the dinitro salicylic acid (DNSA) and the xylosylic moieties released by the action of xylanase on arabinoxylan. |
| --- | --- |

—

colorimetric method measuring coloured compound produced by the dinitro salicylic acid (DNSA) and the xylosylic moieties released by the action of xylanase on arabinoxylan.

For quantification of endo-1,4-beta-xylanase produced by Aspergillus oryzae (DSM 26372) in premixtures and feedingstuffs:

| — | colorimetric method measuring water soluble dye released by action of xylanase from dye-labelled oat spelt azo-xylan. |
| --- | --- |

—

colorimetric method measuring water soluble dye released by action of xylanase from dye-labelled oat spelt azo-xylan.

---

(1)  1 FXU is the amount of enzyme which liberates 7,8 μmol of reducing sugars (xylose equivalents) from azo-wheat arabinoxylan per minute at pH 6,0 and 50 °C.

(2)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports

---

DECISIONS

| 16.7.2020 | EN | Official Journal of the European Union | L 227/37 |
| --- | --- | --- | --- |

16.7.2020

EN

Official Journal of the European Union

L 227/37

---

COMMISSION IMPLEMENTING DECISION (EU) 2020/1035

of 3 June 2020

confirming or amending the provisional calculation of the average specific emissions of CO2 and specific emissions targets for manufacturers of passenger cars and light commercial vehicles for the calendar year 2018 pursuant to Regulation (EU) 2019/631 of the European Parliament and of the Council

(Only the Czech, Dutch, English, French, German, Hungarian, Italian, Spanish and Swedish texts are authentic)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting emission performance standards for new passenger cars and for new light commercial vehicles and repealing Regulation (EC) No 443/2009 and (EU) No 510/2011 (1), and in particular the second subparagraph of Article 7(5) thereof,

Whereas:

| (1) | In accordance with Regulation (EU) 2019/631, and, with regard to the specific emission targets and average specific emissions for the calendar year 2018, Regulation (EC) No 443/2009 of the European Parliament and of the Council (2) and Regulation (EU) No 510/2011 of the European Parliament and of the Council (3), the Commission is required to determine, each year, the average specific emissions of CO2 and the specific emissions target for each manufacturer of passenger cars and light commercial vehicles in the Union as well as for each pool of manufacturers. On that basis, the performance of manufacturers or pools of manufacturers in complying with their obligation to not exceed their respective specific emission targets is established. |
| --- | --- |

(1)

In accordance with Regulation (EU) 2019/631, and, with regard to the specific emission targets and average specific emissions for the calendar year 2018, Regulation (EC) No 443/2009 of the European Parliament and of the Council (2) and Regulation (EU) No 510/2011 of the European Parliament and of the Council (3), the Commission is required to determine, each year, the average specific emissions of CO2 and the specific emissions target for each manufacturer of passenger cars and light commercial vehicles in the Union as well as for each pool of manufacturers. On that basis, the performance of manufacturers or pools of manufacturers in complying with their obligation to not exceed their respective specific emission targets is established.

| (2) | The detailed data to be used for the calculation of the average specific emissions of CO2 and the specific emissions targets of manufacturers is based on Member States’ registrations of new passenger cars and new light commercial vehicles during the 2018 calendar year. |
| --- | --- |

(2)

The detailed data to be used for the calculation of the average specific emissions of CO2 and the specific emissions targets of manufacturers is based on Member States’ registrations of new passenger cars and new light commercial vehicles during the 2018 calendar year.

| (3) | All Member States submitted their 2018 data to the Commission, however, with some delays as compared to the reporting deadline of 28 February 2019. Where, as a result of the verification of the data by the Commission, it was evident that certain data were missing or manifestly incorrect, the Commission has contacted the Member States concerned and, subject to the agreement of those Member States, adjusted or completed the data accordingly. Where no agreement could be reached with a Member State, the provisional data submitted by that Member State was not adjusted. |
| --- | --- |

(3)

All Member States submitted their 2018 data to the Commission, however, with some delays as compared to the reporting deadline of 28 February 2019. Where, as a result of the verification of the data by the Commission, it was evident that certain data were missing or manifestly incorrect, the Commission has contacted the Member States concerned and, subject to the agreement of those Member States, adjusted or completed the data accordingly. Where no agreement could be reached with a Member State, the provisional data submitted by that Member State was not adjusted.

| (4) | On 24 June 2019, the Commission published the provisional data and notified 95 manufacturers of passenger cars and 67 manufacturers of light commercial vehicles as well as the respective pools of the provisional calculations of their average specific emissions of CO2 and their specific emissions targets in 2018. |
| --- | --- |

(4)

On 24 June 2019, the Commission published the provisional data and notified 95 manufacturers of passenger cars and 67 manufacturers of light commercial vehicles as well as the respective pools of the provisional calculations of their average specific emissions of CO2 and their specific emissions targets in 2018.

| (5) | The provisional data notified by the Commission included the correction factors, both for cars, calculated in accordance with Article 7(2) of Commission Implementing Regulation (EU) 2017/1153 (4) and for light commercial vehicles, calculated in accordance with Article 6(2) of Commission Implementing Regulation (EU) 2017/1152 (5). The determination of correction factors is part of the correlation procedures set up in order to reflect the change in the regulatory test procedure for measurement of specific emissions of CO2. They serve to ensure that procedural tolerances necessary for the correlation of the CO2 emission values are applied as intended and not as a means to artificially lower those values. |
| --- | --- |

(5)

The provisional data notified by the Commission included the correction factors, both for cars, calculated in accordance with Article 7(2) of Commission Implementing Regulation (EU) 2017/1153 (4) and for light commercial vehicles, calculated in accordance with Article 6(2) of Commission Implementing Regulation (EU) 2017/1152 (5). The determination of correction factors is part of the correlation procedures set up in order to reflect the change in the regulatory test procedure for measurement of specific emissions of CO2. They serve to ensure that procedural tolerances necessary for the correlation of the CO2 emission values are applied as intended and not as a means to artificially lower those values.

| (6) | A correction factor is calculated based on deviation and verification factors determined for a statistical sample of vehicles that should be representative of the manufacturer’s fleet of new vehicles. In view of the very low number of light commercial vehicles type approved in accordance with the Worldwide Harmonised Light Vehicle Test Procedure set out in Commission Regulation (EU) 2017/1151 (6) in 2018, the sample cannot be considered statistically representative and no correction factors have therefore been applied when establishing the emission performance of manufacturers of light commercial vehicles |
| --- | --- |

(6)

A correction factor is calculated based on deviation and verification factors determined for a statistical sample of vehicles that should be representative of the manufacturer’s fleet of new vehicles. In view of the very low number of light commercial vehicles type approved in accordance with the Worldwide Harmonised Light Vehicle Test Procedure set out in Commission Regulation (EU) 2017/1151 (6) in 2018, the sample cannot be considered statistically representative and no correction factors have therefore been applied when establishing the emission performance of manufacturers of light commercial vehicles

| (7) | Manufacturers were asked to verify the provisional data in accordance with Article 8(4) of Regulation (EC) No 443/2009 and Article 8(5) of Regulation (EU) No 510/2011 and, in particular, the deviation and verification factors on the basis of which the correction factor is calculated, and to notify the Commission of any errors within three months of receipt of the notification. Sixty manufacturers of passenger cars and 34 manufacturers of light commercial vehicles submitted notifications of errors. For two car manufacturers, the applicability of a correction factor to their average specific emissions was confirmed. For two manufacturers of passenger cars and one manufacturer of light commercial vehicles, all vehicles reported in the provisional dataset were outside the scope of Regulation (EU) 2019/631. |
| --- | --- |

(7)

Manufacturers were asked to verify the provisional data in accordance with Article 8(4) of Regulation (EC) No 443/2009 and Article 8(5) of Regulation (EU) No 510/2011 and, in particular, the deviation and verification factors on the basis of which the correction factor is calculated, and to notify the Commission of any errors within three months of receipt of the notification. Sixty manufacturers of passenger cars and 34 manufacturers of light commercial vehicles submitted notifications of errors. For two car manufacturers, the applicability of a correction factor to their average specific emissions was confirmed. For two manufacturers of passenger cars and one manufacturer of light commercial vehicles, all vehicles reported in the provisional dataset were outside the scope of Regulation (EU) 2019/631.

| (8) | For the remaining 35 manufacturers of passenger cars and 33 manufacturers of light commercial vehicles that did not notify any errors in the datasets or respond otherwise, the provisional data and provisional calculations of the average specific emissions and the specific emissions targets should be confirmed. For none of those manufacturers a correction factor was applicable. |
| --- | --- |

(8)

For the remaining 35 manufacturers of passenger cars and 33 manufacturers of light commercial vehicles that did not notify any errors in the datasets or respond otherwise, the provisional data and provisional calculations of the average specific emissions and the specific emissions targets should be confirmed. For none of those manufacturers a correction factor was applicable.

| (9) | The Commission has verified the errors notified by the manufacturers and the reasons for their correction, and the provisional dataset has been confirmed or amended as appropriate. Only those records have been retained that include the values for mass and CO2 emissions. As a result, for 94 manufacturers of passenger cars and 66 manufacturers of light commercial vehicles the provisional data should be confirmed or amended. |
| --- | --- |

(9)

The Commission has verified the errors notified by the manufacturers and the reasons for their correction, and the provisional dataset has been confirmed or amended as appropriate. Only those records have been retained that include the values for mass and CO2 emissions. As a result, for 94 manufacturers of passenger cars and 66 manufacturers of light commercial vehicles the provisional data should be confirmed or amended.

| (10) | In accordance with Articles 4 of Regulations (EC) No 443/2009 and (EU) No 510/2011, a manufacturer should be considered as compliant with its specific emissions target where its average specific emissions of CO2 indicated in this Decision do not exceed its specific emissions target. For manufacturers which are members of a pool, compliance should be assessed at the level of the pool in accordance with Articles 7(7) of those Regulations. |
| --- | --- |

(10)

In accordance with Articles 4 of Regulations (EC) No 443/2009 and (EU) No 510/2011, a manufacturer should be considered as compliant with its specific emissions target where its average specific emissions of CO2 indicated in this Decision do not exceed its specific emissions target. For manufacturers which are members of a pool, compliance should be assessed at the level of the pool in accordance with Articles 7(7) of those Regulations.

| (11) | Records with complete data on mass in running order and CO2 emissions but with missing or incorrect vehicle identification numbers should be included in the calculation of the specific emission targets and the average specific emissions. However, the fact that manufacturers cannot verify or correct those records should be taken into account. Therefore, it is appropriate to apply an error margin when determining the distance to target of the manufacturer concerned. |
| --- | --- |

(11)

Records with complete data on mass in running order and CO2 emissions but with missing or incorrect vehicle identification numbers should be included in the calculation of the specific emission targets and the average specific emissions. However, the fact that manufacturers cannot verify or correct those records should be taken into account. Therefore, it is appropriate to apply an error margin when determining the distance to target of the manufacturer concerned.

| (12) | The error margin is calculated as the difference between the distances between the average specific emissions and the specific emissions target calculated including and excluding all vehicle registrations that cannot be verified by the manufacturer. Regardless of whether that difference is positive or negative, the error margin is applied so that it always improves the manufacturer’s position with regard to its specific emission target. |
| --- | --- |

(12)

The error margin is calculated as the difference between the distances between the average specific emissions and the specific emissions target calculated including and excluding all vehicle registrations that cannot be verified by the manufacturer. Regardless of whether that difference is positive or negative, the error margin is applied so that it always improves the manufacturer’s position with regard to its specific emission target.

| (13) | Where, after taking into account the error margin, the distance to target of a manufacturer or a pool, as the case may be, is above zero, an excess emission premium is to be imposed in accordance with Article 8 of Regulation (EU) 2019/631. This is the case for the manufacturer of passenger cars Automobili Lamborghini S.p.A. The excess emission premium is to be calculated in accordance with Article 9(2)(a) of Regulation (EC) No 443/2009. |
| --- | --- |

(13)

Where, after taking into account the error margin, the distance to target of a manufacturer or a pool, as the case may be, is above zero, an excess emission premium is to be imposed in accordance with Article 8 of Regulation (EU) 2019/631. This is the case for the manufacturer of passenger cars Automobili Lamborghini S.p.A. The excess emission premium is to be calculated in accordance with Article 9(2)(a) of Regulation (EC) No 443/2009.

| (14) | In accordance with Articles 2(4) of Regulations (EC) No 443/2009 and (EU) No 510/2011, manufacturers responsible for less than 1 000 new vehicle registrations in the calendar year are exempt from meeting a specific emission target. It is, however, appropriate to calculate and report their average specific emissions as well as the number of new vehicles registered. |
| --- | --- |

(14)

In accordance with Articles 2(4) of Regulations (EC) No 443/2009 and (EU) No 510/2011, manufacturers responsible for less than 1 000 new vehicle registrations in the calendar year are exempt from meeting a specific emission target. It is, however, appropriate to calculate and report their average specific emissions as well as the number of new vehicles registered.

| (15) | Further clarifications are needed from the manufacturer Dr Ing. h.c. F. Porsche AG with regard to possible irregularities in the CO2 emissions stated in the emissions type approvals of two vehicle models. As a consequence, the provisional data for the 2014 to 2018 calendar years for the Volkswagen pool and its member Dr Ing. h.c. F. Porsche AG cannot be confirmed or amended. |
| --- | --- |

(15)

Further clarifications are needed from the manufacturer Dr Ing. h.c. F. Porsche AG with regard to possible irregularities in the CO2 emissions stated in the emissions type approvals of two vehicle models. As a consequence, the provisional data for the 2014 to 2018 calendar years for the Volkswagen pool and its member Dr Ing. h.c. F. Porsche AG cannot be confirmed or amended.

| (16) | The Commission has, in accordance with Article 12 of Commission Implementing Regulation (EU) No 725/2011 (7), performed an ad hoc verification of CO2 savings certified by reference to Commission Implementing Decision 2013/341/EU (8) and Commission Implementing Decision (EU) 2015/158 (9). The verification showed satisfactory results with regard to the CO2 savings certified by reference to Implementing Decision 2013/341/EU. However, with regard to Implementing Decision (EU) 2015/158, a difference was found between the certified CO2 savings of two efficient alternators fitted in vehicles manufactured by Daimler AG and those verified by the Commission of 9 % and 23 % respectively. The Commission notified Daimler AG of the deviations found and invited that manufacturer to provide evidence demonstrating the accuracy of the certified CO2 savings. |
| --- | --- |

(16)

The Commission has, in accordance with Article 12 of Commission Implementing Regulation (EU) No 725/2011 (7), performed an ad hoc verification of CO2 savings certified by reference to Commission Implementing Decision 2013/341/EU (8) and Commission Implementing Decision (EU) 2015/158 (9). The verification showed satisfactory results with regard to the CO2 savings certified by reference to Implementing Decision 2013/341/EU. However, with regard to Implementing Decision (EU) 2015/158, a difference was found between the certified CO2 savings of two efficient alternators fitted in vehicles manufactured by Daimler AG and those verified by the Commission of 9 % and 23 % respectively. The Commission notified Daimler AG of the deviations found and invited that manufacturer to provide evidence demonstrating the accuracy of the certified CO2 savings.

| (17) | Based on the information provided by Daimler AG, the Commission has found that the difference in savings was due to a difference in how the testing methodology was applied for the purposes of the certification and for the verification of the CO2 savings. More precisely, a run-in of the efficient alternators was performed prior to the certification test, even though the testing methodology referred to in Implementing Decision (EU) 2015/158 neither prescribes nor allows a specific run-in of the efficient alternators to be performed outside the certification test. |
| --- | --- |

(17)

Based on the information provided by Daimler AG, the Commission has found that the difference in savings was due to a difference in how the testing methodology was applied for the purposes of the certification and for the verification of the CO2 savings. More precisely, a run-in of the efficient alternators was performed prior to the certification test, even though the testing methodology referred to in Implementing Decision (EU) 2015/158 neither prescribes nor allows a specific run-in of the efficient alternators to be performed outside the certification test.

| (18) | It follows from Articles 12 of Regulations (EC) No 443/2009 and (EU) No 510/2011 that, in order for CO2 savings from innovative technologies to be taken into account for the calculation of a manufacturer’s specific average emissions in 2018, those savings must make a verified contribution to CO2 reductions, in accordance with a testing methodology capable of producing verifiable, repeatable and comparable results. As the certified CO2 savings of two efficient alternators in certain vehicles manufactured by Daimler AG have not been confirmed by the verification performed on the basis of the testing methodology referred to in Implementing Decision (EU) 2015/158, the certified CO2 savings attributed to those eco-innovations, amounting to 0,429 g CO2/km at the fleet level, should not be taken into account for the calculation of the average specific emissions of the manufacturer Daimler AG. On the same basis, the CO2 savings attributed to those eco-innovations, amounting to 0,428 g CO2/km at the fleet level, should not be taken into account for the calculation of the average specific emissions of the Daimler AG pool. |
| --- | --- |

(18)

It follows from Articles 12 of Regulations (EC) No 443/2009 and (EU) No 510/2011 that, in order for CO2 savings from innovative technologies to be taken into account for the calculation of a manufacturer’s specific average emissions in 2018, those savings must make a verified contribution to CO2 reductions, in accordance with a testing methodology capable of producing verifiable, repeatable and comparable results. As the certified CO2 savings of two efficient alternators in certain vehicles manufactured by Daimler AG have not been confirmed by the verification performed on the basis of the testing methodology referred to in Implementing Decision (EU) 2015/158, the certified CO2 savings attributed to those eco-innovations, amounting to 0,429 g CO2/km at the fleet level, should not be taken into account for the calculation of the average specific emissions of the manufacturer Daimler AG. On the same basis, the CO2 savings attributed to those eco-innovations, amounting to 0,428 g CO2/km at the fleet level, should not be taken into account for the calculation of the average specific emissions of the Daimler AG pool.

| (19) | The values relating to the performance of a manufacturer as confirmed or amended by this Decision could be revised in the event that the relevant national authorities confirm the existence of irregularities in the CO2 emission values provided for the purpose of determining the manufacturer’s compliance with the specific emissions target, |
| --- | --- |

(19)

The values relating to the performance of a manufacturer as confirmed or amended by this Decision could be revised in the event that the relevant national authorities confirm the existence of irregularities in the CO2 emission values provided for the purpose of determining the manufacturer’s compliance with the specific emissions target,

HAS ADOPTED THIS DECISION:

Article 1

1.   The values relating to the performance of manufacturers of passenger cars in respect of the 2018 calendar year are specified in Annex I.

2.   The values relating to the performance of manufacturers of light commercial vehicles in respect of the 2018 calendar year are specified in Annex II.

Article 2

This Decision is addressed to the following individual manufacturers and pools formed in accordance with Article 6 of Regulation (EU) 2019/631:

| (1) | ADIDOR VOITURES SAS
  2/4 Rue Hans List
  78290 Croissy-sur-Seine
  FRANCE |
| --- | --- |

(1)

ADIDOR VOITURES SAS

2/4 Rue Hans List

78290 Croissy-sur-Seine

FRANCE

| (2) | ALFA ROMEO SPA
  C.so Settembrini, 40
  Gate 8 – Building 6 – 1st floor – B15N Colonna N47
  10135 Torino
  ITALY |
| --- | --- |

(2)

ALFA ROMEO SPA

C.so Settembrini, 40

Gate 8 – Building 6 – 1st floor – B15N Colonna N47

10135 Torino

ITALY

| (3) | ALKE SRL
  via Vigonovese 123
  35127 Padova
  ITALY |
| --- | --- |

(3)

ALKE SRL

via Vigonovese 123

35127 Padova

ITALY

| (4) | ALPINA BURKARD BOVENSIEPEN GMBH E CO KG
  Alpenstraße 35-37
  86807 Buchloe
  GERMANY |
| --- | --- |

(4)

ALPINA BURKARD BOVENSIEPEN GMBH E CO KG

Alpenstraße 35-37

86807 Buchloe

GERMANY

| (5) | SOCIÉTÉ DES AUTOMOBILES ALPINE
  1 Avenue du Golf
  78288 Guyancourt Cedex
  FRANCE |
| --- | --- |

(5)

SOCIÉTÉ DES AUTOMOBILES ALPINE

1 Avenue du Golf

78288 Guyancourt Cedex

FRANCE

| (6) | ANHUI JIANGHUAI AUTOMOBILE
  Via Lanzo 27
  10071 Borgaro Torinese
  ITALY |
| --- | --- |

(6)

ANHUI JIANGHUAI AUTOMOBILE

Via Lanzo 27

10071 Borgaro Torinese

ITALY

| (7) | ASTON MARTIN LAGONDA LTD
  Gaydon Engineering Centre
  Banbury Road Gaydon
  CV35 0DB Warwickshire
  UNITED KINGDOM |
| --- | --- |

(7)

ASTON MARTIN LAGONDA LTD

Gaydon Engineering Centre

Banbury Road Gaydon

CV35 0DB Warwickshire

UNITED KINGDOM

| (8) | AUDI AG
  Letter box 011/1882
  38436 Wolfsburg
  GERMANY |
| --- | --- |

(8)

AUDI AG

Letter box 011/1882

38436 Wolfsburg

GERMANY

| (9) | AUDI HUNGARIA MOTOR KFT
  Letter box 011/1882
  38436 Wolfsburg
  GERMANY |
| --- | --- |

(9)

AUDI HUNGARIA MOTOR KFT

Letter box 011/1882

38436 Wolfsburg

GERMANY

| (10) | AUDI SPORT GMBH
  Letter box 011/1882
  38436 Wolfsburg
  GERMANY |
| --- | --- |

(10)

AUDI SPORT GMBH

Letter box 011/1882

38436 Wolfsburg

GERMANY

| (11) | AUTOMOBILES CITROEN
  7, rue Henri Sainte-Claire Deville
  92500 Rueil-Malmaison
  FRANCE |
| --- | --- |

(11)

AUTOMOBILES CITROEN

7, rue Henri Sainte-Claire Deville

92500 Rueil-Malmaison

FRANCE

| (12) | AUTOMOBILES PEUGEOT
  7, rue Henri Sainte-Claire Deville
  92500 Rueil-Malmaison
  FRANCE |
| --- | --- |

(12)

AUTOMOBILES PEUGEOT

7, rue Henri Sainte-Claire Deville

92500 Rueil-Malmaison

FRANCE

| (13) | AVTOVAZ JSC
  Represented in the Union by:
  CS AUTOLADA
  211 Konevova
  130 00 Prague 3
  CZECHIA |
| --- | --- |

(13)

AVTOVAZ JSC

Represented in the Union by:

CS AUTOLADA

211 Konevova

130 00 Prague 3

CZECHIA

| (14) | BEE BEE AUTOMOTIVE
  182 RT Beaugé
  72700 Rouillon
  FRANCE |
| --- | --- |

(14)

BEE BEE AUTOMOTIVE

182 RT Beaugé

72700 Rouillon

FRANCE

| (15) | BENTLEY MOTORS LTD
  Pyms Lane
  CW1 3PL
  Crewe Cheshire
  UNITED KINGDOM |
| --- | --- |

(15)

BENTLEY MOTORS LTD

Pyms Lane

CW1 3PL

Crewe Cheshire

UNITED KINGDOM

| (16) | BLUECAR SAS
  31–32 quai de Dion Bouton
  92800 Puteaux
  FRANCE |
| --- | --- |

(16)

BLUECAR SAS

31–32 quai de Dion Bouton

92800 Puteaux

FRANCE

| (17) | BAYERISCHE MOTOREN WERKE AG
  Petuelring 130
  80788 München
  GERMANY |
| --- | --- |

(17)

BAYERISCHE MOTOREN WERKE AG

Petuelring 130

80788 München

GERMANY

| (18) | BMW M GMBH
  Petuelring 130
  80788 München
  GERMANY |
| --- | --- |

(18)

BMW M GMBH

Petuelring 130

80788 München

GERMANY

| (19) | BEIJING BORGWARD AUTOMOTIVE CO LTD
  Kriegsbergstraße 11
  70174 Stuttgart
  GERMANY |
| --- | --- |

(19)

BEIJING BORGWARD AUTOMOTIVE CO LTD

Kriegsbergstraße 11

70174 Stuttgart

GERMANY

| (20) | BUGATTI AUTOMOBILES SAS
  Letter box 011/1882
  38436 Wolfsburg
  GERMANY |
| --- | --- |

(20)

BUGATTI AUTOMOBILES SAS

Letter box 011/1882

38436 Wolfsburg

GERMANY

| (21) | CATERHAM CARS LIMITED
  2 Kennet Road
  DA1 4QN Dartford
  UNITED KINGDOM |
| --- | --- |

(21)

CATERHAM CARS LIMITED

2 Kennet Road

DA1 4QN Dartford

UNITED KINGDOM

| (22) | CHEVROLET ITALIA SPA
  Represented in the Union by:
  Intertrust, Gruneburgweg 58–62
  60322 Frankfurt am Main
  GERMANY |
| --- | --- |

(22)

CHEVROLET ITALIA SPA

Represented in the Union by:

Intertrust, Gruneburgweg 58–62

60322 Frankfurt am Main

GERMANY

| (23) | FCA US LLC
  C.so Settembrini, 40
  Gate 8 – Building 6 – 1st floor – B15N Colonna N47
  10135 Torino
  ITALY |
| --- | --- |

(23)

FCA US LLC

C.so Settembrini, 40

Gate 8 – Building 6 – 1st floor – B15N Colonna N47

10135 Torino

ITALY

| (24) | CNG-TECHNIK GMBH
  Niehl Plant, building, Imbert 479
  Henry Ford Strasse 1
  50735 Köln
  GERMANY |
| --- | --- |

(24)

CNG-TECHNIK GMBH

Niehl Plant, building, Imbert 479

Henry Ford Strasse 1

50735 Köln

GERMANY

| (25) | AUTOMOBILE DACIA SA
  1 Avenue du Golf
  78288 Guyancourt Cedex
  FRANCE |
| --- | --- |

(25)

AUTOMOBILE DACIA SA

1 Avenue du Golf

78288 Guyancourt Cedex

FRANCE

| (26) | DAIHATSU MOTOR CO LTD
  Represented in the Union by:
  Toyota Motor Europe
  Avenue du Bourget, 60
  1140 Brussels
  BELGIUM |
| --- | --- |

(26)

DAIHATSU MOTOR CO LTD

Represented in the Union by:

Toyota Motor Europe

Avenue du Bourget, 60

1140 Brussels

BELGIUM

| (27) | DAIMLER AG
  F403, EA/R
  70546 Stuttgart
  GERMANY |
| --- | --- |

(27)

DAIMLER AG

F403, EA/R

70546 Stuttgart

GERMANY

| (28) | FABBRICA DALLARA SRL
  Via Guglielmo Marconi,18
  43040 Varano de’ Melegari (PR)
  ITALY |
| --- | --- |

(28)

FABBRICA DALLARA SRL

Via Guglielmo Marconi,18

43040 Varano de’ Melegari (PR)

ITALY

| (29) | DFSK MOTOR CO LTD
  Represented in the Union by:
  Giotti Victoria Sr.l. Pisana Road, 11/a
  50021 Barberino, Val D’ Elsa (FI)
  ITALY |
| --- | --- |

(29)

DFSK MOTOR CO LTD

Represented in the Union by:

Giotti Victoria Sr.l. Pisana Road, 11/a

50021 Barberino, Val D’ Elsa (FI)

ITALY

| (30) | DONKERVOORT AUTOMOBIELEN BV
  Pascallaan 96
  8218 NJ Lelystad
  NETHERLANDS |
| --- | --- |

(30)

DONKERVOORT AUTOMOBIELEN BV

Pascallaan 96

8218 NJ Lelystad

NETHERLANDS

| (31) | DR AUTOMOBILES SRL
  Zona Industriale, Snc
  86070 Macchia d’Isernia
  ITALY |
| --- | --- |

(31)

DR AUTOMOBILES SRL

Zona Industriale, Snc

86070 Macchia d’Isernia

ITALY

| (32) | DR MOTOR COMPANY SRL
  S S 85 Venafrana km 37500
  86070 Macchia d’Isernia
  ITALY |
| --- | --- |

(32)

DR MOTOR COMPANY SRL

S S 85 Venafrana km 37500

86070 Macchia d’Isernia

ITALY

| (33) | ESAGONO ENERGIA SRL
  Via Puecher 9
  20060 Pozzuolo Martesana (MI)
  ITALY |
| --- | --- |

(33)

ESAGONO ENERGIA SRL

Via Puecher 9

20060 Pozzuolo Martesana (MI)

ITALY

| (34) | FERRARI SPA
  Via Emilia Est 1163
  41122 Modena
  ITALY |
| --- | --- |

(34)

FERRARI SPA

Via Emilia Est 1163

41122 Modena

ITALY

| (35) | FCA ITALY SPA
  C.so Settembrini, 40
  Gate 8 – Building 6 – 1st floor – B15N Colonna N47
  10135 Torino
  ITALY |
| --- | --- |

(35)

FCA ITALY SPA

C.so Settembrini, 40

Gate 8 – Building 6 – 1st floor – B15N Colonna N47

10135 Torino

ITALY

| (36) | FORD INDIA PRIVATE LIMITED
  Niehl Plant, building, Imbert 479
  Henry Ford Strasse 1
  50735 Köln
  GERMANY |
| --- | --- |

(36)

FORD INDIA PRIVATE LIMITED

Niehl Plant, building, Imbert 479

Henry Ford Strasse 1

50735 Köln

GERMANY

| (37) | FORD MOTOR COMPANY OF AUSTRALIA LIMITED
  Niehl Plant, building, Imbert 479
  Henry Ford Strasse 1
  50735 Köln
  GERMANY |
| --- | --- |

(37)

FORD MOTOR COMPANY OF AUSTRALIA LIMITED

Niehl Plant, building, Imbert 479

Henry Ford Strasse 1

50735 Köln

GERMANY

| (38) | FORD MOTOR COMPANY
  Niehl Plant, building, Imbert 479
  Henry Ford Strasse 1
  50735 Köln
  GERMANY |
| --- | --- |

(38)

FORD MOTOR COMPANY

Niehl Plant, building, Imbert 479

Henry Ford Strasse 1

50735 Köln

GERMANY

| (39) | FORD-WERKE GMBH
  Niehl Plant, building, Imbert 479
  Henry Ford Strasse 1
  50735 Köln
  GERMANY |
| --- | --- |

(39)

FORD-WERKE GMBH

Niehl Plant, building, Imbert 479

Henry Ford Strasse 1

50735 Köln

GERMANY

| (40) | GENERAL MOTORS HOLDINGS LLC
  Bouwhuispad 1
  8121 PX Olst
  NETHERLANDS |
| --- | --- |

(40)

GENERAL MOTORS HOLDINGS LLC

Bouwhuispad 1

8121 PX Olst

NETHERLANDS

| (41) | GONOW AUTO CO LTD
  Via della Muratella, 797
  00054 Maccarese (RM)
  ITALY |
| --- | --- |

(41)

GONOW AUTO CO LTD

Via della Muratella, 797

00054 Maccarese (RM)

ITALY

| (42) | GOUPIL INDUSTRIE SA
  Route de Villeneuve
  47320 Bourran
  FRANCE |
| --- | --- |

(42)

GOUPIL INDUSTRIE SA

Route de Villeneuve

47320 Bourran

FRANCE

| (43) | GREAT WALL MOTOR COMPANY LIMITED
  Great Wall Motor Europe Technical Center
  Otto-Hahn-Str. 5
  63128 Dietzenbach
  GERMANY |
| --- | --- |

(43)

GREAT WALL MOTOR COMPANY LIMITED

Great Wall Motor Europe Technical Center

Otto-Hahn-Str. 5

63128 Dietzenbach

GERMANY

| (44) | HONDA AUTOMOBILE CHINA CO LTD
  Cain Road, Bracknell
  RG12 1HL Berkshire
  UNITED KINGDOM |
| --- | --- |

(44)

HONDA AUTOMOBILE CHINA CO LTD

Cain Road, Bracknell

RG12 1HL Berkshire

UNITED KINGDOM

| (45) | HONDA AUTOMOBILE THAILAND CO LTD
  Cain Road, Bracknell
  RG12 1HL Berkshire
  UNITED KINGDOM |
| --- | --- |

(45)

HONDA AUTOMOBILE THAILAND CO LTD

Cain Road, Bracknell

RG12 1HL Berkshire

UNITED KINGDOM

| (46) | HONDA MOTOR CO LTD
  Cain Road, Bracknell
  RG12 1HL Berkshire
  UNITED KINGDOM |
| --- | --- |

(46)

HONDA MOTOR CO LTD

Cain Road, Bracknell

RG12 1HL Berkshire

UNITED KINGDOM

| (47) | HONDA TURKIYE AS
  Cain Road, Bracknell
  RG12 1HL Berkshire
  UNITED KINGDOM |
| --- | --- |

(47)

HONDA TURKIYE AS

Cain Road, Bracknell

RG12 1HL Berkshire

UNITED KINGDOM

| (48) | HONDA OF THE UK MANUFACTURING LTD
  Cain Road, Bracknell
  RG12 1HL Berkshire
  UNITED KINGDOM |
| --- | --- |

(48)

HONDA OF THE UK MANUFACTURING LTD

Cain Road, Bracknell

RG12 1HL Berkshire

UNITED KINGDOM

| (49) | HYUNDAI MOTOR COMPANY
  Kaiserleipromenade 5
  63067 Offenbach
  GERMANY |
| --- | --- |

(49)

HYUNDAI MOTOR COMPANY

Kaiserleipromenade 5

63067 Offenbach

GERMANY

| (50) | HYUNDAI ASSAN OTOMOTIV SANAYI VE TICARET AS
  Kaiserleipromenade 5
  63067 Offenbach
  GERMANY |
| --- | --- |

(50)

HYUNDAI ASSAN OTOMOTIV SANAYI VE TICARET AS

Kaiserleipromenade 5

63067 Offenbach

GERMANY

| (51) | HYUNDAI MOTOR MANUFACTURING CZECH SRO
  Kaiserleipromenade 5
  63067 Offenbach
  GERMANY |
| --- | --- |

(51)

HYUNDAI MOTOR MANUFACTURING CZECH SRO

Kaiserleipromenade 5

63067 Offenbach

GERMANY

| (52) | HYUNDAI MOTOR EUROPE GMBH
  Kaiserleipromenade 5
  63067 Offenbach
  GERMANY |
| --- | --- |

(52)

HYUNDAI MOTOR EUROPE GMBH

Kaiserleipromenade 5

63067 Offenbach

GERMANY

| (53) | ISUZU MOTORS LIMITED
  Bist 12
  2630 Aartselaar
  BELGIUM |
| --- | --- |

(53)

ISUZU MOTORS LIMITED

Bist 12

2630 Aartselaar

BELGIUM

| (54) | ITALDESIGN GIUGIARO SPA
  via A.Grandi 25
  10024 Moncalieri (TO)
  ITALY |
| --- | --- |

(54)

ITALDESIGN GIUGIARO SPA

via A.Grandi 25

10024 Moncalieri (TO)

ITALY

| (55) | IVECO SPA
  Via Puglia 35
  10156 Torino
  ITALY |
| --- | --- |

(55)

IVECO SPA

Via Puglia 35

10156 Torino

ITALY

| (56) | JAGUAR LAND ROVER LIMITED
  Abbey Road Whitley
  CV3 4LF Coventry
  UNITED KINGDOM |
| --- | --- |

(56)

JAGUAR LAND ROVER LIMITED

Abbey Road Whitley

CV3 4LF Coventry

UNITED KINGDOM

| (57) | KIA MOTORS CORPORATION
  Theodor-Heuss-Allee 11
  60486 Frankfurt/M
  GERMANY |
| --- | --- |

(57)

KIA MOTORS CORPORATION

Theodor-Heuss-Allee 11

60486 Frankfurt/M

GERMANY

| (58) | KIA MOTORS SLOVAKIA SRO
  Theodor-Heuss-Allee 11
  60486 Frankfurt/M
  GERMANY |
| --- | --- |

(58)

KIA MOTORS SLOVAKIA SRO

Theodor-Heuss-Allee 11

60486 Frankfurt/M

GERMANY

| (59) | KOENIGSEGG AUTOMOTIVE AB
  Valhall Park
  262 74 Ängelholm
  SWEDEN |
| --- | --- |

(59)

KOENIGSEGG AUTOMOTIVE AB

Valhall Park

262 74 Ängelholm

SWEDEN

| (60) | KTM-SPORTMOTORCYCLE AG
  Stallhofnerstrasse 3
  5230 Mattighofen
  AUSTRIA |
| --- | --- |

(60)

KTM-SPORTMOTORCYCLE AG

Stallhofnerstrasse 3

5230 Mattighofen

AUSTRIA

| (61) | LADA AUTOMOBILE GMBH
  Erlengrund 7
  21614 Buxtehude
  GERMANY |
| --- | --- |

(61)

LADA AUTOMOBILE GMBH

Erlengrund 7

21614 Buxtehude

GERMANY

| (62) | AUTOMOBILI LAMBORGHINI SPA
  via Modena 12
  40019 Sant’Agata Bolognese (BO)
  ITALY |
| --- | --- |

(62)

AUTOMOBILI LAMBORGHINI SPA

via Modena 12

40019 Sant’Agata Bolognese (BO)

ITALY

| (63) | LONDON EV COMPANY
  Li Close, Ansty Park,
  CV7 9RF Coventry
  UNITED KINGDOM |
| --- | --- |

(63)

LONDON EV COMPANY

Li Close, Ansty Park,

CV7 9RF Coventry

UNITED KINGDOM

| (64) | LOTUS CARS LIMITED
  Hethel Norwich
  NR14 8EZ Norfolk
  UNITED KINGDOM |
| --- | --- |

(64)

LOTUS CARS LIMITED

Hethel Norwich

NR14 8EZ Norfolk

UNITED KINGDOM

| (65) | MAGYAR SUZUKI CORPORATION LTD
  Schweidel Jozsef U52
  2500 Esztergom
  HUNGARY |
| --- | --- |

(65)

MAGYAR SUZUKI CORPORATION LTD

Schweidel Jozsef U52

2500 Esztergom

HUNGARY

| (66) | MAHINDRA & MAHINDRA LTD
  Via Cancelliera 35
  00072 Ariccia (Roma)
  ITALY |
| --- | --- |

(66)

MAHINDRA & MAHINDRA LTD

Via Cancelliera 35

00072 Ariccia (Roma)

ITALY

| (67) | MAN TRUCK & BUS AG
  Letter box 011/1882
  38436 Wolfsburg
  GERMANY |
| --- | --- |

(67)

MAN TRUCK & BUS AG

Letter box 011/1882

38436 Wolfsburg

GERMANY

| (68) | MARUTI SUZUKI INDIA LTD
  Schweidel Jozsef U52
  2500 Esztergom
  HUNGARY |
| --- | --- |

(68)

MARUTI SUZUKI INDIA LTD

Schweidel Jozsef U52

2500 Esztergom

HUNGARY

| (69) | MASERATI SPA
  Viale Ciro Menotti 322
  41122 Modena
  ITALY |
| --- | --- |

(69)

MASERATI SPA

Viale Ciro Menotti 322

41122 Modena

ITALY

| (70) | MAZDA MOTOR CORPORATION
  European R & D Centre
  Hiroshimastr. 1
  61440 Oberursel/Taunus
  GERMANY |
| --- | --- |

(70)

MAZDA MOTOR CORPORATION

European R & D Centre

Hiroshimastr. 1

61440 Oberursel/Taunus

GERMANY

| (71) | MCLAREN AUTOMOTIVE LIMITED
  Chertsey Road Woking
  GU21 4YH Surrey
  UNITED KINGDOM |
| --- | --- |

(71)

MCLAREN AUTOMOTIVE LIMITED

Chertsey Road Woking

GU21 4YH Surrey

UNITED KINGDOM

| (72) | MERCEDES-AMG GMBH
  Zimmer 229 HPC F 403
  Mercedesstr 137/1
  70327 Stuttgart
  GERMANY |
| --- | --- |

(72)

MERCEDES-AMG GMBH

Zimmer 229 HPC F 403

Mercedesstr 137/1

70327 Stuttgart

GERMANY

| (73) | MFTBC
  F403, EA/R
  70546 Stuttgart
  GERMANY |
| --- | --- |

(73)

MFTBC

F403, EA/R

70546 Stuttgart

GERMANY

| (74) | MG MOTOR UK LIMITED
  Westar House, 139–151 Marylebone Road
  NW1 5QE London
  UNITED KINGDOM |
| --- | --- |

(74)

MG MOTOR UK LIMITED

Westar House, 139–151 Marylebone Road

NW1 5QE London

UNITED KINGDOM

| (75) | MICRO-VETT SRL
  Via Lago Maggiore, 48
  36077 Altavilla Vicentina (VI)
  ITALY |
| --- | --- |

(75)

MICRO-VETT SRL

Via Lago Maggiore, 48

36077 Altavilla Vicentina (VI)

ITALY

| (76) | MITSUBISHI FUSO TRUCK & BUS CORPORATION
  F403, EA/R
  70546 Stuttgart
  GERMANY |
| --- | --- |

(76)

MITSUBISHI FUSO TRUCK & BUS CORPORATION

F403, EA/R

70546 Stuttgart

GERMANY

| (77) | MITSUBISHI MOTORS CORPORATION MMC
  Represented in the Union by:
  Mitsubishi Motors Europe BV
  Mitsubishi Avenue 21
  6121 SH Born
  NETHERLANDS |
| --- | --- |

(77)

MITSUBISHI MOTORS CORPORATION MMC

Represented in the Union by:

Mitsubishi Motors Europe BV

Mitsubishi Avenue 21

6121 SH Born

NETHERLANDS

| (78) | MITSUBISHI MOTORS EUROPE BV MME
  Mitsubishi Avenue 21
  6121 SH Born
  NETHERLANDS |
| --- | --- |

(78)

MITSUBISHI MOTORS EUROPE BV MME

Mitsubishi Avenue 21

6121 SH Born

NETHERLANDS

| (79) | MITSUBISHI MOTORS THAILAND CO LTD MMTH
  Represented in the Union by:
  Mitsubishi Motors Europe BV
  Mitsubishi Avenue 21
  6121 SH Born
  NETHERLANDS |
| --- | --- |

(79)

MITSUBISHI MOTORS THAILAND CO LTD MMTH

Represented in the Union by:

Mitsubishi Motors Europe BV

Mitsubishi Avenue 21

6121 SH Born

NETHERLANDS

| (80) | MORGAN TECHNOLOGIES LTD
  Pickersleigh Road Malvern Link
  WR14 2LL Worcestershire
  UNITED KINGDOM |
| --- | --- |

(80)

MORGAN TECHNOLOGIES LTD

Pickersleigh Road Malvern Link

WR14 2LL Worcestershire

UNITED KINGDOM

| (81) | NISSAN INTERNATIONAL SA
  Renault Nissan Representation Office
  Avenue des Arts 40
  1040 Brussels
  BELGIUM |
| --- | --- |

(81)

NISSAN INTERNATIONAL SA

Renault Nissan Representation Office

Avenue des Arts 40

1040 Brussels

BELGIUM

| (82) | NOBLE AUTOMOTIVE LTD
  24a Centurion Way
  Meridian Business Park
  LE19 1WH Leicester
  UNITED KINGDOM |
| --- | --- |

(82)

NOBLE AUTOMOTIVE LTD

24a Centurion Way

Meridian Business Park

LE19 1WH Leicester

UNITED KINGDOM

| (83) | ADAM OPEL GMBH
  Bahnhofsplatz 1 IPC 39-12
  65423 Rüsselsheim
  GERMANY |
| --- | --- |

(83)

ADAM OPEL GMBH

Bahnhofsplatz 1 IPC 39-12

65423 Rüsselsheim

GERMANY

| (84) | OPEL AUTOMOBILE GMBH
  Bahnhofsplatz 1 IPC 39-12
  65423 Rüsselsheim
  GERMANY |
| --- | --- |

(84)

OPEL AUTOMOBILE GMBH

Bahnhofsplatz 1 IPC 39-12

65423 Rüsselsheim

GERMANY

| (85) | PAGANI AUTOMOBILI SPA
  Via dell’ Artigianato 5
  41018 San Cesario sul Panaro (Modena)
  ITALY |
| --- | --- |

(85)

PAGANI AUTOMOBILI SPA

Via dell’ Artigianato 5

41018 San Cesario sul Panaro (Modena)

ITALY

| (86) | PGO AUTOMOBILES
  ZA de la Pyramide
  30380 Saint Christol-Les-Alès
  FRANCE |
| --- | --- |

(86)

PGO AUTOMOBILES

ZA de la Pyramide

30380 Saint Christol-Les-Alès

FRANCE

| (87) | PIAGGIO & C SPA
  Viale Rinaldo Piaggio, 25
  56025 Pontedera (PI)
  ITALY |
| --- | --- |

(87)

PIAGGIO & C SPA

Viale Rinaldo Piaggio, 25

56025 Pontedera (PI)

ITALY

| (88) | DR ING HCF PORSCHE AG
  Letter box 011/1882
  38436 Wolfsburg
  GERMANY |
| --- | --- |

(88)

DR ING HCF PORSCHE AG

Letter box 011/1882

38436 Wolfsburg

GERMANY

| (89) | PSA AUTOMOBILES SA
  2–10 boulevard de l’Europe
  78300 Poissy
  FRANCE |
| --- | --- |

(89)

PSA AUTOMOBILES SA

2–10 boulevard de l’Europe

78300 Poissy

FRANCE

| (90) | RENAULT SAS
  1 avenue du Golf
  78288 Guyancourt Cedex
  FRANCE |
| --- | --- |

(90)

RENAULT SAS

1 avenue du Golf

78288 Guyancourt Cedex

FRANCE

| (91) | RENAULT TRUCKS
  99 Route de Lyon TER L10 0 01
  69806 Saint Priest Cedex
  FRANCE |
| --- | --- |

(91)

RENAULT TRUCKS

99 Route de Lyon TER L10 0 01

69806 Saint Priest Cedex

FRANCE

| (92) | ROLLS-ROYCE MOTOR CARS LTD
  Petuelring 130
  80788 München
  GERMANY |
| --- | --- |

(92)

ROLLS-ROYCE MOTOR CARS LTD

Petuelring 130

80788 München

GERMANY

| (93) | ROMANITAL SRL
  Via delle Industrie, 107
  90040 Isola delle Femmine PA
  ITALY |
| --- | --- |

(93)

ROMANITAL SRL

Via delle Industrie, 107

90040 Isola delle Femmine PA

ITALY

| (94) | SAIC MAXUS AUTOMOTIVE CO LTD
  President Building
  37A avenue J.F. Kennedy
  1855 Luxembourg
  LUXEMBOURG |
| --- | --- |

(94)

SAIC MAXUS AUTOMOTIVE CO LTD

President Building

37A avenue J.F. Kennedy

1855 Luxembourg

LUXEMBOURG

| (95) | SEAT SA
  Letter box 011/1882
  38436 Wolfsburg
  GERMANY |
| --- | --- |

(95)

SEAT SA

Letter box 011/1882

38436 Wolfsburg

GERMANY

| (96) | SECMA SAS
  Rue Denfert Rochereau
  59580 Aniche
  FRANCE |
| --- | --- |

(96)

SECMA SAS

Rue Denfert Rochereau

59580 Aniche

FRANCE

| (97) | SKODA AUTO AS
  Letter box 011/1882
  38436 Wolfsburg
  GERMANY |
| --- | --- |

(97)

SKODA AUTO AS

Letter box 011/1882

38436 Wolfsburg

GERMANY

| (98) | SSANGYONG MOTOR COMPANY
  Herriotstrasse 1
  60528 Frankfurt/M
  GERMANY |
| --- | --- |

(98)

SSANGYONG MOTOR COMPANY

Herriotstrasse 1

60528 Frankfurt/M

GERMANY

| (99) | STREETSCOOTER GMBH
  Jülicher Straße 191
  52070 Aachen
  GERMANY |
| --- | --- |

(99)

STREETSCOOTER GMBH

Jülicher Straße 191

52070 Aachen

GERMANY

| (100) | SUBARU CORPORATION
  Leuvensesteenweg 555 B/8
  1930 Zaventem
  BELGIUM |
| --- | --- |

(100)

SUBARU CORPORATION

Leuvensesteenweg 555 B/8

1930 Zaventem

BELGIUM

| (101) | SUZUKI MOTOR CORPORATION
  Schweidel Jozsef U52
  2500 Esztergom
  HUNGARY |
| --- | --- |

(101)

SUZUKI MOTOR CORPORATION

Schweidel Jozsef U52

2500 Esztergom

HUNGARY

| (102) | SUZUKI MOTOR THAILAND CO LTD
  Schweidel Jozsef U52
  2500 Esztergom
  HUNGARY |
| --- | --- |

(102)

SUZUKI MOTOR THAILAND CO LTD

Schweidel Jozsef U52

2500 Esztergom

HUNGARY

| (103) | TECNO MECCANICA IMOLA SPA
  via Selice provinciale, 42/E
  40026 Imola Bologna
  ITALY |
| --- | --- |

(103)

TECNO MECCANICA IMOLA SPA

via Selice provinciale, 42/E

40026 Imola Bologna

ITALY

| (104) | TESLA MOTORS LTD
  7–9 Atlasstraat
  5047 RG Tilburg
  NETHERLANDS |
| --- | --- |

(104)

TESLA MOTORS LTD

7–9 Atlasstraat

5047 RG Tilburg

NETHERLANDS

| (105) | TOYOTA MOTOR EUROPE NV SA
  Avenue du Bourget 60
  1140 Brussels
  BELGIUM |
| --- | --- |

(105)

TOYOTA MOTOR EUROPE NV SA

Avenue du Bourget 60

1140 Brussels

BELGIUM

| (106) | UAZ
  Moskovskoye shosse, 92
  432034 Ulyanovsk
  RUSSIA |
| --- | --- |

(106)

UAZ

Moskovskoye shosse, 92

432034 Ulyanovsk

RUSSIA

| (107) | UNIVERS VE HELEM
  14 rue Federico Garcia Lorca
  32000 Auch
  FRANCE |
| --- | --- |

(107)

UNIVERS VE HELEM

14 rue Federico Garcia Lorca

32000 Auch

FRANCE

| (108) | VOLKSWAGEN AG
  Letter box 011/1882
  38436 Wolfsburg
  GERMANY |
| --- | --- |

(108)

VOLKSWAGEN AG

Letter box 011/1882

38436 Wolfsburg

GERMANY

| (109) | VOLVO CAR CORPORATION
  Automotive Regulatory Compliance (Dep 58800)
  PVE reception, Assar Gabrielssons väg
  40531 Göteborg
  SWEDEN |
| --- | --- |

(109)

VOLVO CAR CORPORATION

Automotive Regulatory Compliance (Dep 58800)

PVE reception, Assar Gabrielssons väg

40531 Göteborg

SWEDEN

Done at Brussels, 3 June 2020.

For the Commission

Frans TIMMERMANS

Executive Vice-President

---

(1)  
  OJ L 111, 25.4.2019, p. 13.

1

(2)  Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 140, 5.6.2009, p. 1).

2

2

(3)  Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union’s integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 145, 31.5.2011, p. 1).

3

2

(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 regulatory test procedure and amending Implementing Regulation (EU) No 1014/2010 (OJ L 175, 7.7.2017, p. 679).

4

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

5

(6)  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).

6

(7)  Commission Implementing Regulation (EU) No 725/2011 of 25 July 2011 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 194, 26.7.2011, p. 19).

7

2

(8)  Commission Implementing Decision 2013/341/EU of 27 June 2013 on the approval of the Valeo Efficient Generation Alternator as an innovative technology for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 179, 29.6.2013, p. 98).

8

2

(9)  Commission Implementing Decision (EU) 2015/158 of 30 January 2015 on the approval of two Robert Bosch GmbH high efficient alternators as the innovative technologies for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 26, 31.1.2015, p. 31).

9

2

---

ANNEX I

Table 1

Performance in the calendar year 2018 of individual manufacturers of passenger cars in accordance with Article 9 of Regulation (EU) 2019/631

| A | B | C | D | E | F | G | H | I | J |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Manufacturer name | Pools and derogations | Number of registrations | Average mass | Average specific emissions of CO2 | Specific emissions target | Distance to target | CO2 savings from eco-innovations | Correction factor | Error margin |
| ADIDOR VOITURES SAS | DMD | 100 | 1301,10 | 155,900 | | | 0,000 | 1,000 | |
| ALFA ROMEO SPA | P3 | 78696 | 1519,81 | 127,881 | 135,823 | -7,942 | 0,000 | 1,000 | 0,000 |
| ALPINA BURKARD BOVENSIEPEN GMBH E CO KG | D | 663 | 1930,56 | 200,919 | 218,000 | -17,081 | 0,000 | 1,000 | 0,000 |
| SOCIÉTÉ DES AUTOMOBILES ALPINE | P10 | 1533 | 1163,38 | 139,738 | 119,534 | 20,201 | 0,000 | 1,000 | 0,003 |
| ANHUI JIANGHUAI AUTOMOBILE | DMD | 1 | 1600,00 | 242,000 | | | 0,000 | 1,000 | |
| ASTON MARTIN LAGONDA LTD | D | 2096 | 1858,37 | 262,180 | 297,000 | -34,820 | 0,000 | 1,000 | 0,000 |
| AUDI AG | P14 | 675059 | 1563,21 | 127,279 | 137,806 | -10,527 | 0,000 | 1,000 | 0,000 |
| AUDI HUNGARIA MOTOR KFT | P14 | 4519 | 1400,83 | 146,996 | 130,385 | 16,611 | 0,000 | 1,000 | 0,000 |
| AUDI SPORT GMBH | P14 | 13361 | 1698,14 | 195,848 | 143,972 | 51,876 | 0,000 | 1,000 | 0,000 |
| AUTOMOBILES CITROEN | P9 | 626462 | 1199,54 | 108,035 | 121,186 | -13,151 | 0,000 | 1,000 | 0,000 |
| AUTOMOBILES PEUGEOT | P9 | 982942 | 1265,18 | 106,936 | 124,186 | -17,250 | 0,000 | 0,989 | 0,000 |
| AVTOVAZ JSC | P10 | 3874 | 1268,16 | 181,385 | 124,322 | 57,063 | 0,000 | 1,000 | 0,000 |
| BEE BEE AUTOMOTIVE | DMD | 3 | 759,67 | 0,000 | | | 0,000 | 1,000 | |
| BENTLEY MOTORS LTD | D | 2859 | 2458,08 | 271,047 | 286,000 | -14,953 | 0,000 | 1,000 | 0,000 |
| BLUECAR SAS | DMD | 415 | 1499,19 | 0,000 | | | 0,000 | 1,000 | |
| BAYERISCHE MOTOREN WERKE AG | P1 | 963438 | 1586,85 | 125,035 | 138,886 | -13,851 | 0,267 | 1,000 | 0,000 |
| BMW M GMBH | P1 | 14599 | 1732,90 | 189,521 | 145,561 | 43,960 | 0,040 | 1,000 | 0,000 |
| BEIJING BORGWARD AUTOMOTIVE CO LTD | DMD | 42 | 1843,62 | 218,452 | | | 0,000 | 1,000 | |
| BUGATTI AUTOMOBILES SAS | P14 | 19 | 2070,00 | 516,000 | 160,966 | 355,034 | 0,000 | 1,000 | 0,000 |
| CATERHAM CARS LIMITED | DMD | 120 | 621,96 | 138,367 | | | 0,000 | 1,000 | |
| CHEVROLET ITALIA SPA | | 2 | 1324,00 | 96,500 | 126,874 | -30,374 | 0,000 | 1,000 | 0,000 |
| FCA US LLC | P3 | 162851 | 1592,89 | 142,728 | 139,162 | 3,566 | 0,007 | 1,000 | 0,000 |
| CNG-TECHNIK GMBH | P4 | 615 | 1608,55 | 118,081 | 139,878 | -21,797 | 0,000 | 1,000 | 0,000 |
| AUTOMOBILE DACIA SA | P10 | 381173 | 1168,18 | 118,433 | 119,753 | -1,322 | 0,000 | 1,000 | 0,002 |
| DAIHATSU MOTOR CO LTD | DMD | 5 | 1271,20 | 176,000 | | | 0,000 | 1,000 | |
| DAIMLER AG | P2 | 929187 | 1601,16 | 133,376 | 139,540 | -6,165 | 0,352 | 1,000 | 0,001 |
| FABBRICA DALLARA SRL | DMD | 3 | 1010,00 | 220,667 | | | 0,000 | 1,000 | |
| DFSK MOTOR CO LTD | DMD | 18 | 1543,06 | 211,556 | | | 0,000 | 1,000 | |
| DONKERVOORT AUTOMOBIELEN BV | DMD | 6 | 866,83 | 178,000 | | | 0,000 | 1,000 | |
| DR AUTOMOBILES SRL | DMD | 995 | 1399,45 | 156,198 | | | 0,000 | 1,000 | |
| DR MOTOR COMPANY SRL | DMD | 446 | 1264,39 | 151,471 | | | 0,000 | 1,000 | |
| FERRARI SPA | D | 2899 | 1714,30 | 281,353 | 289,000 | -7,647 | 0,000 | 1,000 | 0,000 |
| FCA ITALY SPA | P3 | 710420 | 1181,29 | 119,853 | 120,352 | -0,499 | 0,003 | 1,000 | 0,000 |
| FORD INDIA PRIVATE LIMITED | P4 | 37257 | 1087,83 | 115,107 | 116,081 | -0,974 | 0,000 | 1,000 | 0,000 |
| FORD MOTOR COMPANY OF AUSTRALIA LIMITED | P4 | 1 | 2277,00 | 228,000 | 170,426 | 57,574 | 0,000 | 1,000 | 0,000 |
| FORD MOTOR COMPANY | P4 | 25430 | 1604,16 | 164,667 | 139,677 | 24,875 | 0,000 | 1,024 | 0,115 |
| FORD-WERKE GMBH | P4 | 926639 | 1418,92 | 126,733 | 131,212 | -4,496 | 0,014 | 1,035 | 0,017 |
| GENERAL MOTORS HOLDINGS LLC | D | 2728 | 1884,67 | 257,338 | 267,000 | -9,662 | 0,000 | 1,000 | 0,000 |
| GREAT WALL MOTOR COMPANY LIMITED | DMD | 19 | 1655,53 | 197,895 | | | 0,000 | 1,000 | |
| HONDA AUTOMOBILE CHINA CO LTD | P5 | 6 | 1294,83 | 124,333 | 125,541 | -1,208 | 0,000 | 1,000 | 0,000 |
| HONDA MOTOR CO LTD | P5 | 87718 | 1292,33 | 122,757 | 125,427 | -2,670 | 0,126 | 1,000 | 0,000 |
| HONDA AUTOMOBILE THAILAND CO LTD | P5 | 12 | 1327,42 | 125,417 | 127,030 | -1,613 | 0,000 | 1,000 | 0,000 |
| HONDA TURKIYE AS | P5 | 497 | 1367,32 | 130,599 | 128,854 | 1,745 | 0,200 | 1,000 | 0,000 |
| HONDA OF THE UK MANUFACTURING LTD | P5 | 42967 | 1502,68 | 134,341 | 135,040 | -0,699 | 0,043 | 1,000 | 0,000 |
| HYUNDAI MOTOR COMPANY | P6 | 145300 | 1402,69 | 114,279 | 130,470 | -16,197 | 0,000 | 1,000 | 0,006 |
| HYUNDAI ASSAN OTOMOTIV SANAYI VE TICARET AS | P6 | 161170 | 1060,81 | 116,553 | 114,846 | 1,706 | 0,000 | 1,000 | 0,001 |
| HYUNDAI MOTOR MANUFACTURING CZECH SRO | P6 | 218567 | 1432,92 | 136,500 | 131,852 | 4,644 | 0,000 | 1,000 | 0,004 |
| HYUNDAI MOTOR EUROPE GMBH | P6 | 2205 | 1501,39 | 144,088 | 134,981 | 9,107 | 0,000 | 1,000 | 0,000 |
| ITALDESIGN GIUGIARO SPA | DMD | 1 | 1625,00 | 287,000 | | | 0,000 | 1,000 | |
| JAGUAR LAND ROVER LIMITED | P12/ND | 227361 | 1981,10 | 155,414 | 178,025 | -22,617 | 0,037 | 1,000 | 0,006 |
| KIA MOTORS CORPORATION | P7 | 331126 | 1294,67 | 114,242 | 125,534 | -11,299 | 0,000 | 1,000 | 0,007 |
| KIA MOTORS SLOVAKIA SRO | P7 | 151023 | 1431,15 | 136,109 | 131,771 | 4,334 | 0,000 | 1,000 | 0,004 |
| KOENIGSEGG AUTOMOTIVE AB | DMD | 1 | 1483,00 | 381,000 | | | 0,000 | 1,000 | |
| KTM-SPORTMOTORCYCLE AG | DMD | 60 | 890,00 | 197,200 | | | 0,000 | 1,000 | |
| LADA AUTOMOBILE GMBH | DMD | 953 | 1286,15 | 215,534 | | | 0,000 | 1,000 | |
| AUTOMOBILI LAMBORGHINI SPA | D | 1420 | 1810,61 | 336,404 | 315,000 | 21,404 | 0,000 | 1,000 | 0,000 |
| LONDON EV COMPANY | DMD | 33 | 2302,88 | 28,545 | | | 0,000 | 1,000 | |
| LOTUS CARS LIMITED | D | 687 | 1158,64 | 207,897 | 225,000 | -17,103 | 0,000 | 1,000 | 0,000 |
| MAGYAR SUZUKI CORPORATION LTD | P11/ND | 85918 | 1227,81 | 124,668 | 123,114 | 1,554 | 0,000 | 1,000 | 0,000 |
| MAHINDRA & MAHINDRA LTD | D | 1043 | 1419,14 | 158,123 | 171,000 | -12,877 | 0,000 | 1,000 | 0,000 |
| MARUTI SUZUKI INDIA LTD | P11/ND | 14025 | 968,48 | 104,549 | 123,114 | -18,565 | 0,000 | 1,000 | 0,000 |
| MASERATI SPA | D | 7192 | 2131,48 | 218,326 | 239,000 | -20,701 | 0,000 | 1,000 | 0,027 |
| MAZDA MOTOR CORPORATION | P13 | 224027 | 1337,55 | 134,325 | 127,493 | 6,832 | 0,196 | 1,000 | 0,000 |
| MCLAREN AUTOMOTIVE LIMITED | D | 986 | 1516,66 | 251,133 | 265,000 | -13,867 | 0,000 | 1,000 | 0,000 |
| MERCEDES-AMG GMBH | P2 | 3382 | 1702,64 | 252,533 | 144,178 | 108,355 | 0,000 | 1,000 | 0,000 |
| MG MOTOR UK LIMITED | D | 8974 | 1305,06 | 133,461 | 146,000 | -12,539 | 0,000 | 1,000 | 0,000 |
| MICRO-VETT SRL | DMD | 1 | 1367,00 | 0,000 | | | 0,000 | 1,000 | |
| MITSUBISHI MOTORS CORPORATION MMC | P8 | 93803 | 1605,87 | 128,699 | 139,756 | -11,057 | 0,000 | 1,000 | 0,000 |
| MITSUBISHI MOTORS EUROPE BV MME | P8 | 1823 | 1506,39 | 134,607 | 135,209 | -0,602 | 0,000 | 1,000 | 0,000 |
| MITSUBISHI MOTORS THAILAND CO LTD MMTH | P8 | 34410 | 929,90 | 99,856 | 108,864 | -9,008 | 0,000 | 1,000 | 0,000 |
| MORGAN TECHNOLOGIES LTD | DMD | 427 | 1081,44 | 194,419 | | | 0,000 | 1,000 | |
| NISSAN INTERNATIONAL SA | | 478323 | 1369,89 | 115,098 | 128,971 | -13,873 | 0,000 | 1,000 | 0,000 |
| NOBLE AUTOMOTIVE LTD | D | 3 | 1416,00 | 336,333 | 338,000 | -1,667 | 0,000 | 1,000 | 0,000 |
| ADAM OPEL GMBH | P9 | 28237 | 1340,68 | 122,002 | 127,636 | -5,644 | 0,000 | 1,000 | 0,010 |
| OPEL AUTOMOBILE GMBH | P9 | 834250 | 1310,00 | 125,586 | 126,234 | -0,648 | 0,005 | 1,000 | 0,000 |
| PAGANI AUTOMOBILI SPA | DMD | 2 | 1489,00 | 343,000 | | | 0,000 | 1,000 | |
| PGO AUTOMOBILES | DMD | 9 | 1163,89 | 169,000 | | | 0,000 | 1,000 | |
| DR ING HCF PORSCHE AG | P14 | 63874 | 1855,42 | 181,861 | 151,160 | 30,701 | 0,145 | 1,000 | 0,000 |
| PSA AUTOMOBILES SA | P9 | 46177 | 1526,33 | 120,427 | 136,121 | -15,694 | 0,000 | 1,000 | 0,000 |
| RENAULT SAS | P10 | 1247559 | 1314,05 | 110,494 | 126,419 | -15,926 | 0,000 | 1,000 | 0,001 |
| RENAULT TRUCKS | DMD | 96 | 2185,65 | 182,188 | | | 0,000 | 1,000 | |
| ROLLS-ROYCE MOTOR CARS LTD | P1 | 606 | 2570,57 | 327,853 | 183,842 | 144,011 | 0,000 | 1,000 | 0,000 |
| SEAT SA | P14 | 436731 | 1273,55 | 117,468 | 124,569 | -7,101 | 0,000 | 1,000 | 0,000 |
| SECMA SAS | DMD | 43 | 683,14 | 133,233 | | | 0,000 | 1,000 | |
| SKODA AUTO AS | P14 | 688387 | 1324,22 | 117,110 | 126,884 | -9,779 | 0,075 | 1,000 | 0,005 |
| SSANGYONG MOTOR COMPANY | ND | 14372 | 1664,63 | 164,017 | 167,573 | -3,556 | 0,000 | 1,000 | 0,000 |
| SUBARU CORPORATION | ND | 32371 | 1580,98 | 160,843 | 164,616 | -3,773 | 0,000 | 1,000 | 0,000 |
| SUZUKI MOTOR CORPORATION | P11/ND | 120434 | 979,50 | 109,573 | 123,114 | -13,541 | 0,000 | 1,000 | 0,000 |
| SUZUKI MOTOR THAILAND CO LTD | P11/ND | 17534 | 883,68 | 98,545 | 123,114 | -24,569 | 0,000 | 1,000 | 0,000 |
| TECNO MECCANICA IMOLA SPA | DMD | 2 | 712,00 | 0,000 | | | 0,000 | 1,000 | |
| TESLA MOTORS LTD | | 19017 | 2331,98 | 0,000 | 172,939 | -172,939 | 0,000 | 1,000 | 0,000 |
| TOYOTA MOTOR EUROPE NV SA | P13 | 734897 | 1341,77 | 102,128 | 127,686 | -25,558 | 0,000 | 1,000 | 0,000 |
| VOLKSWAGEN AG | P14 | 1666765 | 1410,03 | 119,790 | 130,806 | -11,017 | 0,000 | 1,000 | 0,001 |
| VOLVO CAR CORPORATION | | 288764 | 1759,24 | 132,233 | 146,765 | -14,532 | 0,000 | 1,000 | 0,000 |

A

B

C

D

E

F

G

H

I

J

Manufacturer name

Pools and derogations

Number of registrations

Average mass

Average specific emissions of CO2

Specific emissions target

Distance to target

CO2 savings from eco-innovations

Correction factor

Error margin

ADIDOR VOITURES SAS

DMD

100

1301,10

155,900

0,000

1,000

ALFA ROMEO SPA

P3

78696

1519,81

127,881

135,823

-7,942

0,000

1,000

0,000

ALPINA BURKARD BOVENSIEPEN GMBH E CO KG

D

663

1930,56

200,919

218,000

-17,081

0,000

1,000

0,000

SOCIÉTÉ DES AUTOMOBILES ALPINE

P10

1533

1163,38

139,738

119,534

20,201

0,000

1,000

0,003

ANHUI JIANGHUAI AUTOMOBILE

DMD

1

1600,00

242,000

0,000

1,000

ASTON MARTIN LAGONDA LTD

D

2096

1858,37

262,180

297,000

-34,820

0,000

1,000

0,000

AUDI AG

P14

675059

1563,21

127,279

137,806

-10,527

0,000

1,000

0,000

AUDI HUNGARIA MOTOR KFT

P14

4519

1400,83

146,996

130,385

16,611

0,000

1,000

0,000

AUDI SPORT GMBH

P14

13361

1698,14

195,848

143,972

51,876

0,000

1,000

0,000

AUTOMOBILES CITROEN

P9

626462

1199,54

108,035

121,186

-13,151

0,000

1,000

0,000

AUTOMOBILES PEUGEOT

P9

982942

1265,18

106,936

124,186

-17,250

0,000

0,989

0,000

AVTOVAZ JSC

P10

3874

1268,16

181,385

124,322

57,063

0,000

1,000

0,000

BEE BEE AUTOMOTIVE

DMD

3

759,67

0,000

0,000

1,000

BENTLEY MOTORS LTD

D

2859

2458,08

271,047

286,000

-14,953

0,000

1,000

0,000

BLUECAR SAS

DMD

415

1499,19

0,000

0,000

1,000

BAYERISCHE MOTOREN WERKE AG

P1

963438

1586,85

125,035

138,886

-13,851

0,267

1,000

0,000

BMW M GMBH

P1

14599

1732,90

189,521

145,561

43,960

0,040

1,000

0,000

BEIJING BORGWARD AUTOMOTIVE CO LTD

DMD

42

1843,62

218,452

0,000

1,000

BUGATTI AUTOMOBILES SAS

P14

19

2070,00

516,000

160,966

355,034

0,000

1,000

0,000

CATERHAM CARS LIMITED

DMD

120

621,96

138,367

0,000

1,000

CHEVROLET ITALIA SPA

2

1324,00

96,500

126,874

-30,374

0,000

1,000

0,000

FCA US LLC

P3

162851

1592,89

142,728

139,162

3,566

0,007

1,000

0,000

CNG-TECHNIK GMBH

P4

615

1608,55

118,081

139,878

-21,797

0,000

1,000

0,000

AUTOMOBILE DACIA SA

P10

381173

1168,18

118,433

119,753

-1,322

0,000

1,000

0,002

DAIHATSU MOTOR CO LTD

DMD

5

1271,20

176,000

0,000

1,000

DAIMLER AG

P2

929187

1601,16

133,376

139,540

-6,165

0,352

1,000

0,001

FABBRICA DALLARA SRL

DMD

3

1010,00

220,667

0,000

1,000

DFSK MOTOR CO LTD

DMD

18

1543,06

211,556

0,000

1,000

DONKERVOORT AUTOMOBIELEN BV

DMD

6

866,83

178,000

0,000

1,000

DR AUTOMOBILES SRL

DMD

995

1399,45

156,198

0,000

1,000

DR MOTOR COMPANY SRL

DMD

446

1264,39

151,471

0,000

1,000

FERRARI SPA

D

2899

1714,30

281,353

289,000

-7,647

0,000

1,000

0,000

FCA ITALY SPA

P3

710420

1181,29

119,853

120,352

-0,499

0,003

1,000

0,000

FORD INDIA PRIVATE LIMITED

P4

37257

1087,83

115,107

116,081

-0,974

0,000

1,000

0,000

FORD MOTOR COMPANY OF AUSTRALIA LIMITED

P4

1

2277,00

228,000

170,426

57,574

0,000

1,000

0,000

FORD MOTOR COMPANY

P4

25430

1604,16

164,667

139,677

24,875

0,000

1,024

0,115

FORD-WERKE GMBH

P4

926639

1418,92

126,733

131,212

-4,496

0,014

1,035

0,017

GENERAL MOTORS HOLDINGS LLC

D

2728

1884,67

257,338

267,000

-9,662

0,000

1,000

0,000

GREAT WALL MOTOR COMPANY LIMITED

DMD

19

1655,53

197,895

0,000

1,000

HONDA AUTOMOBILE CHINA CO LTD

P5

6

1294,83

124,333

125,541

-1,208

0,000

1,000

0,000

HONDA MOTOR CO LTD

P5

87718

1292,33

122,757

125,427

-2,670

0,126

1,000

0,000

HONDA AUTOMOBILE THAILAND CO LTD

P5

12

1327,42

125,417

127,030

-1,613

0,000

1,000

0,000

HONDA TURKIYE AS

P5

497

1367,32

130,599

128,854

1,745

0,200

1,000

0,000

HONDA OF THE UK MANUFACTURING LTD

P5

42967

1502,68

134,341

135,040

-0,699

0,043

1,000

0,000

HYUNDAI MOTOR COMPANY

P6

145300

1402,69

114,279

130,470

-16,197

0,000

1,000

0,006

HYUNDAI ASSAN OTOMOTIV SANAYI VE TICARET AS

P6

161170

1060,81

116,553

114,846

1,706

0,000

1,000

0,001

HYUNDAI MOTOR MANUFACTURING CZECH SRO

P6

218567

1432,92

136,500

131,852

4,644

0,000

1,000

0,004

HYUNDAI MOTOR EUROPE GMBH

P6

2205

1501,39

144,088

134,981

9,107

0,000

1,000

0,000

ITALDESIGN GIUGIARO SPA

DMD

1

1625,00

287,000

0,000

1,000

JAGUAR LAND ROVER LIMITED

P12/ND

227361

1981,10

155,414

178,025

-22,617

0,037

1,000

0,006

KIA MOTORS CORPORATION

P7

331126

1294,67

114,242

125,534

-11,299

0,000

1,000

0,007

KIA MOTORS SLOVAKIA SRO

P7

151023

1431,15

136,109

131,771

4,334

0,000

1,000

0,004

KOENIGSEGG AUTOMOTIVE AB

DMD

1

1483,00

381,000

0,000

1,000

KTM-SPORTMOTORCYCLE AG

DMD

60

890,00

197,200

0,000

1,000

LADA AUTOMOBILE GMBH

DMD

953

1286,15

215,534

0,000

1,000

AUTOMOBILI LAMBORGHINI SPA

D

1420

1810,61

336,404

315,000

21,404

0,000

1,000

0,000

LONDON EV COMPANY

DMD

33

2302,88

28,545

0,000

1,000

LOTUS CARS LIMITED

D

687

1158,64

207,897

225,000

-17,103

0,000

1,000

0,000

MAGYAR SUZUKI CORPORATION LTD

P11/ND

85918

1227,81

124,668

123,114

1,554

0,000

1,000

0,000

MAHINDRA & MAHINDRA LTD

D

1043

1419,14

158,123

171,000

-12,877

0,000

1,000

0,000

MARUTI SUZUKI INDIA LTD

P11/ND

14025

968,48

104,549

123,114

-18,565

0,000

1,000

0,000

MASERATI SPA

D

7192

2131,48

218,326

239,000

-20,701

0,000

1,000

0,027

MAZDA MOTOR CORPORATION

P13

224027

1337,55

134,325

127,493

6,832

0,196

1,000

0,000

MCLAREN AUTOMOTIVE LIMITED

D

986

1516,66

251,133

265,000

-13,867

0,000

1,000

0,000

MERCEDES-AMG GMBH

P2

3382

1702,64

252,533

144,178

108,355

0,000

1,000

0,000

MG MOTOR UK LIMITED

D

8974

1305,06

133,461

146,000

-12,539

0,000

1,000

0,000

MICRO-VETT SRL

DMD

1

1367,00

0,000

0,000

1,000

MITSUBISHI MOTORS CORPORATION MMC

P8

93803

1605,87

128,699

139,756

-11,057

0,000

1,000

0,000

MITSUBISHI MOTORS EUROPE BV MME

P8

1823

1506,39

134,607

135,209

-0,602

0,000

1,000

0,000

MITSUBISHI MOTORS THAILAND CO LTD MMTH

P8

34410

929,90

99,856

108,864

-9,008

0,000

1,000

0,000

MORGAN TECHNOLOGIES LTD

DMD

427

1081,44

194,419

0,000

1,000

NISSAN INTERNATIONAL SA

478323

1369,89

115,098

128,971

-13,873

0,000

1,000

0,000

NOBLE AUTOMOTIVE LTD

D

3

1416,00

336,333

338,000

-1,667

0,000

1,000

0,000

ADAM OPEL GMBH

P9

28237

1340,68

122,002

127,636

-5,644

0,000

1,000

0,010

OPEL AUTOMOBILE GMBH

P9

834250

1310,00

125,586

126,234

-0,648

0,005

1,000

0,000

PAGANI AUTOMOBILI SPA

DMD

2

1489,00

343,000

0,000

1,000

PGO AUTOMOBILES

DMD

9

1163,89

169,000

0,000

1,000

DR ING HCF PORSCHE AG

P14

63874

1855,42

181,861

151,160

30,701

0,145

1,000

0,000

PSA AUTOMOBILES SA

P9

46177

1526,33

120,427

136,121

-15,694

0,000

1,000

0,000

RENAULT SAS

P10

1247559

1314,05

110,494

126,419

-15,926

0,000

1,000

0,001

RENAULT TRUCKS

DMD

96

2185,65

182,188

0,000

1,000

ROLLS-ROYCE MOTOR CARS LTD

P1

606

2570,57

327,853

183,842

144,011

0,000

1,000

0,000

SEAT SA

P14

436731

1273,55

117,468

124,569

-7,101

0,000

1,000

0,000

SECMA SAS

DMD

43

683,14

133,233

0,000

1,000

SKODA AUTO AS

P14

688387

1324,22

117,110

126,884

-9,779

0,075

1,000

0,005

SSANGYONG MOTOR COMPANY

ND

14372

1664,63

164,017

167,573

-3,556

0,000

1,000

0,000

SUBARU CORPORATION

ND

32371

1580,98

160,843

164,616

-3,773

0,000

1,000

0,000

SUZUKI MOTOR CORPORATION

P11/ND

120434

979,50

109,573

123,114

-13,541

0,000

1,000

0,000

SUZUKI MOTOR THAILAND CO LTD

P11/ND

17534

883,68

98,545

123,114

-24,569

0,000

1,000

0,000

TECNO MECCANICA IMOLA SPA

DMD

2

712,00

0,000

0,000

1,000

TESLA MOTORS LTD

19017

2331,98

0,000

172,939

-172,939

0,000

1,000

0,000

TOYOTA MOTOR EUROPE NV SA

P13

734897

1341,77

102,128

127,686

-25,558

0,000

1,000

0,000

VOLKSWAGEN AG

P14

1666765

1410,03

119,790

130,806

-11,017

0,000

1,000

0,001

VOLVO CAR CORPORATION

288764

1759,24

132,233

146,765

-14,532

0,000

1,000

0,000

Table 2

Performance in the calendar year 2018 of pools of manufacturers of passenger cars in accordance with Article 9 of Regulation (EU) 2019/631

| A | B | C | D | E | F | G | H | I | J |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Pool name | Pools and derogations | Number of registrations | Average mass | Average specific emissions of CO2 | Specific emissions target | Distance to target | CO2 savings from eco-innovations | Correction factor | Error margin |
| BMW GROUP | P1 | 978643 | 1589,64 | 126,123 | 139,014 | -12,891 | 0,263 | 1,000 | 0,000 |
| DAIMLER AG | P2 | 932569 | 1601,53 | 133,808 | 139,557 | -5,750 | 0,351 | 1,000 | 0,001 |
| FCA ITALY SPA | P3 | 951967 | 1279,69 | 124,430 | 124,849 | -0,419 | 0,003 | 1,000 | 0,000 |
| FORD-WERKE GMBH | P4 | 989942 | 1411,34 | 127,464 | 130,866 | -3,415 | 0,013 | 1,035 | 0,013 |
| HONDA MOTOR EUROPE LTD | P5 | 131200 | 1361,51 | 126,581 | 128,588 | -2,007 | 0,099 | 1,000 | 0,000 |
| HYUNDAI | P6 | 527242 | 1311,13 | 124,310 | 126,286 | -1,980 | 0,000 | 1,000 | 0,004 |
| KIA | P7 | 482149 | 1337,42 | 121,092 | 127,487 | -6,400 | 0,000 | 1,000 | 0,005 |
| MITSUBISHI MOTORS | P8 | 130036 | 1425,60 | 121,150 | 131,517 | -10,367 | 0,000 | 1,000 | 0,000 |
| PSA-OPEL | P9 | 2518068 | 1269,33 | 113,926 | 124,376 | -10,451 | 0,001 | 0,997 | 0,001 |
| RENAULT | P10 | 1634139 | 1279,77 | 112,541 | 124,853 | -12,313 | 0,000 | 1,000 | 0,001 |
| SUZUKI POOL | P11/ND | 237911 | 1061,46 | 113,916 | 123,114 | -9,199 | 0,000 | 1,000 | 0,001 |
| TATA MOTORS LTD, JAGUAR CARS LTD, LAND ROVER | P12/ND | 227361 | 1981,10 | 155,414 | 178,025 | -22,617 | 0,037 | 1,000 | 0,006 |
| TOYOTA-MAZDA | P13 | 958924 | 1340,78 | 109,650 | 127,641 | -17,991 | 0,046 | 1,000 | 0,000 |
| VW GROUP PC | P14 | 3548716 | 1414,82 | 121,849 | 131,025 | -9,176 | 0,017 | 1,000 | 0,000 |

A

B

C

D

E

F

G

H

I

J

Pool name

Pools and derogations

Number of registrations

Average mass

Average specific emissions of CO2

Specific emissions target

Distance to target

CO2 savings from eco-innovations

Correction factor

Error margin

BMW GROUP

P1

978643

1589,64

126,123

139,014

-12,891

0,263

1,000

0,000

DAIMLER AG

P2

932569

1601,53

133,808

139,557

-5,750

0,351

1,000

0,001

FCA ITALY SPA

P3

951967

1279,69

124,430

124,849

-0,419

0,003

1,000

0,000

FORD-WERKE GMBH

P4

989942

1411,34

127,464

130,866

-3,415

0,013

1,035

0,013

HONDA MOTOR EUROPE LTD

P5

131200

1361,51

126,581

128,588

-2,007

0,099

1,000

0,000

HYUNDAI

P6

527242

1311,13

124,310

126,286

-1,980

0,000

1,000

0,004

KIA

P7

482149

1337,42

121,092

127,487

-6,400

0,000

1,000

0,005

MITSUBISHI MOTORS

P8

130036

1425,60

121,150

131,517

-10,367

0,000

1,000

0,000

PSA-OPEL

P9

2518068

1269,33

113,926

124,376

-10,451

0,001

0,997

0,001

RENAULT

P10

1634139

1279,77

112,541

124,853

-12,313

0,000

1,000

0,001

SUZUKI POOL

P11/ND

237911

1061,46

113,916

123,114

-9,199

0,000

1,000

0,001

TATA MOTORS LTD, JAGUAR CARS LTD, LAND ROVER

P12/ND

227361

1981,10

155,414

178,025

-22,617

0,037

1,000

0,006

TOYOTA-MAZDA

P13

958924

1340,78

109,650

127,641

-17,991

0,046

1,000

0,000

VW GROUP PC

P14

3548716

1414,82

121,849

131,025

-9,176

0,017

1,000

0,000

Explanatory notes to Tables 1 and 2:

Column A:

Table 1: ‘Manufacturer name’ means the name of the manufacturer as notified to the Commission by the manufacturer concerned or, where no such notification has taken place, the name reported by the Member State.

Table 2: ‘Pool name’ means the name of the pool as declared by the pool manager.

Column B:

‘D’ means that a derogation has been granted in accordance with Article 10(3) of Regulation (EU) 2019/631 for the calendar year 2018 (small volume manufacturer);

‘ND’ means that a derogation has been granted in accordance with Article 10(4) of Regulation (EU) 2019/631 for the calendar year 2018 (niche manufacturer);

‘DMD’ means that a de minimis exemption applies in accordance with Article 2(4) of Regulation (EU) 2019/631, so that the manufacturer does not have to meet a specific emissions target in 2018;

‘P’ means that the manufacturer is a member of a pool (whose number is listed in column B of Table 2) formed pursuant to Article 6 of Regulation (EU) 2019/631 and the pooling agreement is valid for the calendar year 2018.

Column C:

‘Number of registrations’ means the total number of new passenger cars registered in the European Union and Iceland in the calendar year 2018 for which the manufacturer (Table 1) or the members of the pool (Table 2) are responsible.

Column D:

‘Average mass’ (kg) means the average of the mass in running order of all new passenger cars registered in the European Union and Iceland in the calendar year 2018 for which the manufacturer (Table 1) or the members of the pool (Table 2) are responsible.

Column E:

‘Average specific emissions of CO2
  ’ (g CO2/km) means the average specific emissions of CO2 of all new passenger cars registered in the European Union and Iceland in the calendar year 2018 for which the manufacturer (Table 1) or the members of the pool (Table 2) are responsible. In calculating the average specific emissions of CO2 account has been taken of the following, where applicable:

| — | CO2 emission savings resulting from the use of innovative technologies referred to in Article 11 of Regulation (EU) 2019/631 (Column H), |
| --- | --- |

—

CO2 emission savings resulting from the use of innovative technologies referred to in Article 11 of Regulation (EU) 2019/631 (Column H),

| — | the correction factor referred to in Article 7(2) of Implementing Regulation (EU) 2017/1153 (Column I). |
| --- | --- |

—

the correction factor referred to in Article 7(2) of Implementing Regulation (EU) 2017/1153 (Column I).

Column F:

‘Specific emissions target’ (g CO2/km) means the specific emissions target of the manufacturer (Table 1) or the pool (Table 2) calculated in accordance with Annex I to Regulation (EC) No 443/2009 and with M0 being 1 392,4 or the derogation target granted pursuant to Article 10 of Regulation (EU) 2019/631. Where the manufacturer benefits from an exemption pursuant to Article 2(4) of Regulation (EU) 2019/631, no specific emissions target is specified.

Column G:

‘Distance to target’ (g CO2/km) means the difference between the average specific emissions of CO2 specified in column E and the specific emissions target specified in column F, from which the error margin specified in column J is subtracted.

Where the value in column G is greater than zero, this means that the specific emissions target has been exceeded.

For a manufacturer, which is member of a pool, compliance with the specific emissions target is assessed at the level of the pool.

Column H:

‘CO2 savings from eco-innovations’ (g CO2/km) means the emission savings taken into account for the calculation of the average specific emissions of CO2 listed in column E, resulting from the use of innovative technologies that make a verified contribution to CO2 reductions and that have been approved by the Commission in accordance with Article 11 of Regulation (EU) 2019/631.

Column I:

‘Correction factor’ means the correction factor calculated in accordance with Article 7(2) of Implementing Regulation (EU) 2017/1153, which was used in calculating the average specific emissions of CO2 of the manufacturer (Table 1) or the pool (Table 2).

Column J:

‘Error margin’ (g CO2/km) means the value by which the difference between the average specific emissions of CO2 (column E) and the specific emissions target (column F) has been adjusted when calculating the distance to target (column G), in order to take into account records notified to the Commission by the manufacturer (Table 1) or the pool (Table 2) with the error code B as set out in Article 9(3) of Regulation (EU) No 1014/2010.

This error margin is calculated in accordance with the following formula:

| | Error margin = absolute value of [(AC1 – TG1) – (AC2 – TG2)] |
| --- | --- |

Error margin = absolute value of [(AC1 – TG1) – (AC2 – TG2)]

| | AC1 = average specific emissions of CO2 including the records with error code B; |
| --- | --- |

AC1 = average specific emissions of CO2 including the records with error code B;

| | TG1 = specific emissions target including the records with error code B (as specified in column E); |
| --- | --- |

TG1 = specific emissions target including the records with error code B (as specified in column E);

| | AC2 = average specific emissions of CO2 excluding the records with error code B; |
| --- | --- |

AC2 = average specific emissions of CO2 excluding the records with error code B;

| | TG2 = specific emissions target excluding the records with error code B. |
| --- | --- |

TG2 = specific emissions target excluding the records with error code B.

---

ANNEX II

Table 1

Performance in the calendar year 2018 of individual manufacturers of light commercial vehicles in accordance with Article 9 of Regulation (EU) 2019/631

| A | B | C | D | E | F | G | H | I |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Manufacturer name | Pools and derogations | Number of registrations | Average mass | Average specific emissions of CO2 | Specific emissions target | Distance to target | CO2 savings from eco-innovations | Error margin |
| ALFA ROMEO SPA | | 3 | 1616,00 | 122,667 | 161,013 | -38,346 | 0,000 | 0,000 |
| ALKE SRL | DMD | 34 | 1096,65 | 0,000 | | | 0,000 | |
| JIANGSU AOXIN NEW ENERGY AUTOMOBILE CO LTD | DMD | 3 | 1171,67 | 0,000 | | | 0,000 | |
| AUDI AG | P8 | 1237 | 1700,40 | 132,193 | 168,862 | -36,669 | 0,000 | 0,000 |
| AUDI SPORT GMBH | P8 | 4 | 1585,00 | 192,000 | 158,130 | 33,870 | 0,000 | 0,000 |
| AUTOMOBILES CITROEN | P10 | 156785 | 1638,78 | 132,161 | 163,131 | -30,970 | 0,000 | 0,000 |
| AUTOMOBILES PEUGEOT | P10 | 176718 | 1675,98 | 134,975 | 166,591 | -31,616 | 0,000 | 0,000 |
| AVTOVAZ JSC | P7 | 326 | 1283,71 | 216,890 | 130,110 | 86,780 | 0,000 | 0,000 |
| BEE BEE AUTOMOTIVE | DMD | 1 | 755,00 | 0,000 | | | 0,000 | |
| BLUECAR SAS | DMD | 5 | 1325,00 | 0,000 | | | 0,000 | |
| BAYERISCHE MOTOREN WERKE AG | DMD | 142 | 1933,20 | 161,000 | | | 0,000 | |
| BMW M GMBH | DMD | 163 | 2066,35 | 167,742 | | | 0,000 | |
| FCA US LLC | P2 | 4 | 1681,50 | 147,250 | 167,104 | -19,854 | 0,000 | 0,000 |
| CNG-TECHNIK GMBH | P3 | 5 | 1714,40 | 141,800 | 170,164 | -28,364 | 0,000 | 0,000 |
| AUTOMOBILE DACIA SA | P7 | 30544 | 1270,26 | 119,307 | 128,859 | -9,552 | 0,000 | 0,000 |
| DAIMLER AG | P1 | 152530 | 2151,97 | 187,662 | 210,858 | -23,199 | 0,000 | 0,003 |
| DFSK MOTOR CO LTD | DMD | 505 | 1259,47 | 182,531 | | | 0,000 | |
| ESAGONO ENERGIA SRL | DMD | 23 | 1204,70 | 0,000 | | | 0,000 | |
| FCA ITALY SPA | P2 | 143455 | 1681,92 | 149,882 | 167,143 | -17,261 | 0,000 | 0,000 |
| FORD MOTOR COMPANY OF AUSTRALIA LIMITED | P3 | 44561 | 2277,28 | 216,090 | 222,512 | -6,422 | 0,000 | 0,000 |
| FORD MOTOR COMPANY | P3 | 308 | 2196,27 | 208,519 | 214,978 | -6,459 | 0,000 | 0,000 |
| FORD-WERKE GMBH | P3 | 250171 | 1982,08 | 161,564 | 195,058 | -33,495 | 0,000 | 0,001 |
| MITSUBISHI FUSO TRUCK & BUS CORPORATION | P1 | 564 | 2089,22 | 243,333 | 205,022 | 38,311 | 0,000 | 0,000 |
| GENERAL MOTORS HOLDINGS LLC | P4 | 364 | 1884,77 | 176,225 | 186,008 | -9,783 | 0,000 | 0,000 |
| GONOW AUTO CO LTD | D | 12 | 991,25 | 160,167 | 175,000 | -14,833 | 0,000 | 0,000 |
| GOUPIL INDUSTRIE SA | DMD | 477 | 1090,22 | 0,000 | | | 0,000 | |
| GREAT WALL MOTOR COMPANY LIMITED | DMD | 193 | 1938,99 | 243,202 | | | 0,000 | |
| HONDA MOTOR CO LTD | DMD | 13 | 1439,54 | 133,154 | | | 0,000 | |
| HYUNDAI MOTOR COMPANY | P9 | 2061 | 2296,79 | 212,560 | 224,326 | -11,766 | 0,000 | 0,000 |
| HYUNDAI ASSAN OTOMOTIV SANAYI VE | P9 | 30 | 999,67 | 112,800 | 103,694 | 9,106 | 0,000 | 0,000 |
| HYUNDAI MOTOR MANUFACTURING CZECH SRO | P9 | 48 | 1414,23 | 111,229 | 142,248 | -31,019 | 0,000 | 0,000 |
| ISUZU MOTORS LIMITED | | 12572 | 2064,51 | 195,424 | 202,724 | -7,300 | 0,000 | 0,000 |
| IVECO SPA | | 20117 | 2423,87 | 203,975 | 236,145 | -32,170 | 0,000 | 0,000 |
| JAGUAR LAND ROVER LIMITED | | 1610 | 2325,62 | 188,3 | 227,007 | -38,737 | 0,000 | 0,030 |
| KIA MOTORS CORPORATION | P5 | 1076 | 1467,89 | 122,808 | 147,239 | -24,431 | 0,000 | 0,000 |
| KIA MOTORS SLOVAKIA SRO | P5 | 316 | 1397,71 | 122,801 | 140,712 | -17,911 | 0,000 | 0,000 |
| LADA AUTOMOBILE GMBH | DMD | 5 | 1250,60 | 214,200 | | | 0,000 | |
| MAGYAR SUZUKI CORPORATION LTD | DMD | 2 | 1509,66 | 111,000 | | | 0,000 | |
| MAHINDRA & MAHINDRA LTD | DMD | 206 | 1899,05 | 207,782 | | | 0,000 | |
| MAN TRUCK & BUS AG | P8 | 4999 | 2208,39 | 200,974 | 216,105 | -15,131 | 0,000 | 0,000 |
| MAZDA MOTOR CORPORATION | DMD | 60 | 1508,28 | 142,800 | | | 0,000 | |
| MFTBC | P1 | 103 | 2475,15 | 238,379 | 240,914 | -2,535 | 0,000 | 0,000 |
| MITSUBISHI MOTORS CORPORATION MMC | P6/D | 423 | 1840,39 | 176,934 | 190,000 | -13,066 | 0,000 | 0,000 |
| MITSUBISHI MOTORS EUROPE BV MME | P6/D | 2 | 1765,00 | 167,500 | 190,000 | -22,500 | 0,000 | 0,000 |
| MITSUBISHI MOTORS THAILAND CO LTD MMTH | P6/D | 15645 | 1934,39 | 187,475 | 190,000 | -2,525 | 0,000 | 0,000 |
| NISSAN INTERNATIONAL SA | | 50758 | 1899,13 | 162,292 | 187,344 | -25,058 | 0,000 | 0,006 |
| ADAM OPEL GMBH | | 16896 | 1509,68 | 142,775 | 151,125 | -8,355 | 0,000 | 0,005 |
| OPEL AUTOMOBILE GMBH | P10 | 63580 | 1870,26 | 168,492 | 184,659 | -16,190 | 0,000 | 0,023 |
| PIAGGIO & C SPA | D | 3528 | 1096,22 | 150,196 | 155,000 | -4,804 | 0,000 | 0,000 |
| DR ING HCF PORSCHE AG | P8 | 35 | 1910,71 | 179,886 | 188,421 | -8,535 | 0,000 | 0,000 |
| PSA AUTOMOBILES SA | P10 | 8675 | 1428,54 | 112,147 | 143,579 | -31,432 | 0,000 | 0,000 |
| RENAULT SAS | P7 | 232645 | 1741,78 | 149,397 | 172,710 | -23,314 | 0,000 | 0,001 |
| RENAULT TRUCKS | | 8439 | 2326,70 | 208,896 | 227,108 | -18,212 | 0,000 | 0,000 |
| ROMANITAL SRL | DMD | 56 | 1259,20 | 155,000 | | | 0,000 | |
| SAIC MAXUS AUTOMOTIVE CO LTD | DMD | 171 | 2178,66 | 246,988 | | | 0,000 | |
| SEAT SA | P8 | 172 | 1183,85 | 107,256 | 120,823 | -13,567 | 0,000 | 0,000 |
| SKODA AUTO AS | P8 | 3924 | 1261,69 | 112,210 | 128,062 | -15,852 | 0,000 | 0,000 |
| SSANGYONG MOTOR COMPANY | D | 1088 | 2104,94 | 202,024 | 210,000 | -7,976 | 0,000 | 0,000 |
| STREETSCOOTER GMBH | DMD | 14 | 1588,86 | 0,000 | | | 0,000 | |
| SUBARU CORPORATION | DMD | 28 | 1609,75 | 156,714 | | | 0,000 | |
| SUZUKI MOTOR CORPORATION | DMD | 9 | 1083,33 | 131,000 | | | 0,000 | |
| TOYOTA MOTOR EUROPE NV SA | | 40369 | 1923,84 | 166,188 | 189,642 | -23,456 | 0,000 | 0,002 |
| UAZ | DMD | 1 | 2070,00 | 287,000 | | | 0,000 | |
| UNIVERS VE HELEM | DMD | 10 | 1062,00 | 0,000 | | | 0,000 | |
| VOLKSWAGEN AG | P8 | 202567 | 1911,00 | 164,161 | 188,448 | -24,287 | 0,000 | 0,000 |
| VOLVO CAR CORPORATION | DMD | 394 | 1669,99 | 118,863 | | | 0,000 | |

A

B

C

D

E

F

G

H

I

Manufacturer name

Pools and derogations

Number of registrations

Average mass

Average specific emissions of CO2

Specific emissions target

Distance to target

CO2 savings from eco-innovations

Error margin

ALFA ROMEO SPA

3

1616,00

122,667

161,013

-38,346

0,000

0,000

ALKE SRL

DMD

34

1096,65

0,000

0,000

JIANGSU AOXIN NEW ENERGY AUTOMOBILE CO LTD

DMD

3

1171,67

0,000

0,000

AUDI AG

P8

1237

1700,40

132,193

168,862

-36,669

0,000

0,000

AUDI SPORT GMBH

P8

4

1585,00

192,000

158,130

33,870

0,000

0,000

AUTOMOBILES CITROEN

P10

156785

1638,78

132,161

163,131

-30,970

0,000

0,000

AUTOMOBILES PEUGEOT

P10

176718

1675,98

134,975

166,591

-31,616

0,000

0,000

AVTOVAZ JSC

P7

326

1283,71

216,890

130,110

86,780

0,000

0,000

BEE BEE AUTOMOTIVE

DMD

1

755,00

0,000

0,000

BLUECAR SAS

DMD

5

1325,00

0,000

0,000

BAYERISCHE MOTOREN WERKE AG

DMD

142

1933,20

161,000

0,000

BMW M GMBH

DMD

163

2066,35

167,742

0,000

FCA US LLC

P2

4

1681,50

147,250

167,104

-19,854

0,000

0,000

CNG-TECHNIK GMBH

P3

5

1714,40

141,800

170,164

-28,364

0,000

0,000

AUTOMOBILE DACIA SA

P7

30544

1270,26

119,307

128,859

-9,552

0,000

0,000

DAIMLER AG

P1

152530

2151,97

187,662

210,858

-23,199

0,000

0,003

DFSK MOTOR CO LTD

DMD

505

1259,47

182,531

0,000

ESAGONO ENERGIA SRL

DMD

23

1204,70

0,000

0,000

FCA ITALY SPA

P2

143455

1681,92

149,882

167,143

-17,261

0,000

0,000

FORD MOTOR COMPANY OF AUSTRALIA LIMITED

P3

44561

2277,28

216,090

222,512

-6,422

0,000

0,000

FORD MOTOR COMPANY

P3

308

2196,27

208,519

214,978

-6,459

0,000

0,000

FORD-WERKE GMBH

P3

250171

1982,08

161,564

195,058

-33,495

0,000

0,001

MITSUBISHI FUSO TRUCK & BUS CORPORATION

P1

564

2089,22

243,333

205,022

38,311

0,000

0,000

GENERAL MOTORS HOLDINGS LLC

P4

364

1884,77

176,225

186,008

-9,783

0,000

0,000

GONOW AUTO CO LTD

D

12

991,25

160,167

175,000

-14,833

0,000

0,000

GOUPIL INDUSTRIE SA

DMD

477

1090,22

0,000

0,000

GREAT WALL MOTOR COMPANY LIMITED

DMD

193

1938,99

243,202

0,000

HONDA MOTOR CO LTD

DMD

13

1439,54

133,154

0,000

HYUNDAI MOTOR COMPANY

P9

2061

2296,79

212,560

224,326

-11,766

0,000

0,000

HYUNDAI ASSAN OTOMOTIV SANAYI VE

P9

30

999,67

112,800

103,694

9,106

0,000

0,000

HYUNDAI MOTOR MANUFACTURING CZECH SRO

P9

48

1414,23

111,229

142,248

-31,019

0,000

0,000

ISUZU MOTORS LIMITED

12572

2064,51

195,424

202,724

-7,300

0,000

0,000

IVECO SPA

20117

2423,87

203,975

236,145

-32,170

0,000

0,000

JAGUAR LAND ROVER LIMITED

1610

2325,62

188,3

227,007

-38,737

0,000

0,030

KIA MOTORS CORPORATION

P5

1076

1467,89

122,808

147,239

-24,431

0,000

0,000

KIA MOTORS SLOVAKIA SRO

P5

316

1397,71

122,801

140,712

-17,911

0,000

0,000

LADA AUTOMOBILE GMBH

DMD

5

1250,60

214,200

0,000

MAGYAR SUZUKI CORPORATION LTD

DMD

2

1509,66

111,000

0,000

MAHINDRA & MAHINDRA LTD

DMD

206

1899,05

207,782

0,000

MAN TRUCK & BUS AG

P8

4999

2208,39

200,974

216,105

-15,131

0,000

0,000

MAZDA MOTOR CORPORATION

DMD

60

1508,28

142,800

0,000

MFTBC

P1

103

2475,15

238,379

240,914

-2,535

0,000

0,000

MITSUBISHI MOTORS CORPORATION MMC

P6/D

423

1840,39

176,934

190,000

-13,066

0,000

0,000

MITSUBISHI MOTORS EUROPE BV MME

P6/D

2

1765,00

167,500

190,000

-22,500

0,000

0,000

MITSUBISHI MOTORS THAILAND CO LTD MMTH

P6/D

15645

1934,39

187,475

190,000

-2,525

0,000

0,000

NISSAN INTERNATIONAL SA

50758

1899,13

162,292

187,344

-25,058

0,000

0,006

ADAM OPEL GMBH

16896

1509,68

142,775

151,125

-8,355

0,000

0,005

OPEL AUTOMOBILE GMBH

P10

63580

1870,26

168,492

184,659

-16,190

0,000

0,023

PIAGGIO & C SPA

D

3528

1096,22

150,196

155,000

-4,804

0,000

0,000

DR ING HCF PORSCHE AG

P8

35

1910,71

179,886

188,421

-8,535

0,000

0,000

PSA AUTOMOBILES SA

P10

8675

1428,54

112,147

143,579

-31,432

0,000

0,000

RENAULT SAS

P7

232645

1741,78

149,397

172,710

-23,314

0,000

0,001

RENAULT TRUCKS

8439

2326,70

208,896

227,108

-18,212

0,000

0,000

ROMANITAL SRL

DMD

56

1259,20

155,000

0,000

SAIC MAXUS AUTOMOTIVE CO LTD

DMD

171

2178,66

246,988

0,000

SEAT SA

P8

172

1183,85

107,256

120,823

-13,567

0,000

0,000

SKODA AUTO AS

P8

3924

1261,69

112,210

128,062

-15,852

0,000

0,000

SSANGYONG MOTOR COMPANY

D

1088

2104,94

202,024

210,000

-7,976

0,000

0,000

STREETSCOOTER GMBH

DMD

14

1588,86

0,000

0,000

SUBARU CORPORATION

DMD

28

1609,75

156,714

0,000

SUZUKI MOTOR CORPORATION

DMD

9

1083,33

131,000

0,000

TOYOTA MOTOR EUROPE NV SA

40369

1923,84

166,188

189,642

-23,456

0,000

0,002

UAZ

DMD

1

2070,00

287,000

0,000

UNIVERS VE HELEM

DMD

10

1062,00

0,000

0,000

VOLKSWAGEN AG

P8

202567

1911,00

164,161

188,448

-24,287

0,000

0,000

VOLVO CAR CORPORATION

DMD

394

1669,99

118,863

0,000

Table 2

Performance in the calendar year 2018 of pools of manufacturers of light commercial vehicles in accordance with Article 9 of Regulation (EU) 2019/631

| A | B | C | D | E | F | G | H | I |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Pool name | Pools and derogations | Number of registrations | Average mass | Average specific emissions of CO2 | Specific emissions target | Distance to target | CO2 savings from eco-innovations | Error margin |
| DAIMLER | P1 | 153197 | 2151,96 | 187,901 | 210,857 | -22,959 | 0,000 | 0,003 |
| FCA ITALY SPA | P2 | 143459 | 1681,92 | 149,882 | 167,143 | -17,261 | 0,000 | 0,000 |
| FORD-WERKE GMBH | P3 | 295045 | 2026,89 | 169,848 | 199,226 | -29,378 | 0,000 | 0,000 |
| GROUPE PSA | P10 | 405758 | 1686,76 | 138,652 | 167,593 | -28,942 | 0,000 | 0,001 |
| HYUNDAI | P9 | 2139 | 2258,80 | 208,887 | 220,793 | -11,906 | 0,000 | 0,000 |
| KIA | P5 | 1392 | 1451,96 | 122,806 | 145,757 | -22,951 | 0,000 | 0,000 |
| MITSUBISHI MOTORS | P6/D | 16070 | 1931,89 | 187,195 | 190,000 | -2,805 | 0,000 | 0,000 |
| RENAULT | P7 | 263515 | 1686,56 | 145,993 | 167,575 | -21,582 | 0,000 | 0,000 |
| VOLKSWAGEN GROUP LCV | P8 | 212938 | 1904,20 | 163,839 | 187,815 | -23,976 | 0,000 | 0,000 |

A

B

C

D

E

F

G

H

I

Pool name

Pools and derogations

Number of registrations

Average mass

Average specific emissions of CO2

Specific emissions target

Distance to target

CO2 savings from eco-innovations

Error margin

DAIMLER

P1

153197

2151,96

187,901

210,857

-22,959

0,000

0,003

FCA ITALY SPA

P2

143459

1681,92

149,882

167,143

-17,261

0,000

0,000

FORD-WERKE GMBH

P3

295045

2026,89

169,848

199,226

-29,378

0,000

0,000

GROUPE PSA

P10

405758

1686,76

138,652

167,593

-28,942

0,000

0,001

HYUNDAI

P9

2139

2258,80

208,887

220,793

-11,906

0,000

0,000

KIA

P5

1392

1451,96

122,806

145,757

-22,951

0,000

0,000

MITSUBISHI MOTORS

P6/D

16070

1931,89

187,195

190,000

-2,805

0,000

0,000

RENAULT

P7

263515

1686,56

145,993

167,575

-21,582

0,000

0,000

VOLKSWAGEN GROUP LCV

P8

212938

1904,20

163,839

187,815

-23,976

0,000

0,000

Explanatory notes to Tables 1 and 2:

Column A:

Table 1: ‘Manufacturer name’ means the name of the manufacturer as notified to the Commission by the manufacturer concerned or, where no such notification has taken place, the name reported by the Member State.

Table 2: ‘Pool name’ means the name of the pool as declared by the pool manager.

Column B:

‘D’ means that a derogation has been granted in accordance with Article 10(3) of Regulation (EU) 2019/631 for the calendar year 2018 (small volume manufacturer);

‘DMD’ means that a de minimis exemption applies in accordance with Article 2(4) of Regulation (EU) 2019/631, so that the manufacturer does not have to meet a specific emissions target in 2018;

‘P’ means that the manufacturer is a member of a pool (whose number is listed in column B of Table 2) formed pursuant to Article 6 of Regulation (EU) 2019/631 and the pooling agreement is valid for the calendar year 2018.

Column C:

‘Number of registrations’ means the total number of new light commercial vehicles registered in the European Union and Iceland in the calendar year 2018 for which the manufacturer (Table 1) or the members of the pool (Table 2) are responsible.

Column D:

‘Average mass’ (kg) means the average of the mass in running order of all new light commercial vehicles registered in the European Union and Iceland in the calendar year 2018 for which the manufacturer (Table 1) or the members of the pool (Table 2) are responsible.

Column E:

‘Average specific emissions of CO2
  ’ (g CO2/km) means the average specific emissions of CO2 of all new light commercial vehicles registered in the European Union and Iceland in the calendar year 2018 for which the manufacturer (Table 1) or the members of the pool (Table 2) are responsible. In calculating the average specific emissions of CO2 account has been taken, where applicable, of the CO2 emission savings resulting from the use of innovative technologies referred to in Article 11 of Regulation (EU) 2019/631 (Column H).

Column F:

‘Specific emissions target’ (g CO2/km) means the specific emissions target of the manufacturer (Table 1) or the pool (Table 2) calculated in accordance with Annex I to Regulation (EC) No 510/2011 and with M0 being 1 766,4 or the derogation target granted pursuant to Article 10 of Regulation (EU) 2019/631. Where the manufacturer benefits from an exemption pursuant to Article 2(4), no specific emissions target is specified.

Column G:

‘Distance to target’ (g CO2/km) means the difference between the average specific emissions of CO2 specified in column E and the specific emissions target specified in column F, from which the error margin specified in column I is subtracted.

Where the value in column G is greater than zero, this means that the specific emissions target has been exceeded.

For a manufacturer, which is member of a pool, compliance with the specific emissions target is assessed at the level of the pool.

Column H:

‘CO2 savings from eco-innovations’ (g CO2/km) means the emission savings taken into account for the calculation of the average specific emissions of CO2 listed in column E, resulting from the use of innovative technologies that make a verified contribution to CO2 reductions and that have been approved by the Commission in accordance with Article 11 of Regulation (EU) 2019/631.

Column I:

‘Error margin’ (g CO2/km) means the value by which the difference between the average specific emissions of CO2 (column E) and the specific emissions target (column F) has been adjusted when calculating the distance to target (column G), in order to take into account records notified to the Commission by the manufacturer (Table 1) or the pool (Table 2) with the error code B as set out in Article 10a(1) of Commission Implementing Regulation (EU) No 293/2012 (1).

This error margin is calculated in accordance with the following formula:

| | Error margin = absolute value of [(AC1 – TG1) – (AC2 – TG2)] |
| --- | --- |

Error margin = absolute value of [(AC1 – TG1) – (AC2 – TG2)]

| | AC1 = average specific emissions of CO2 including the records with error code B; |
| --- | --- |

AC1 = average specific emissions of CO2 including the records with error code B;

| | TG1 = specific emissions target including the records with error code B (as specified in column E); |
| --- | --- |

TG1 = specific emissions target including the records with error code B (as specified in column E);

| | AC2 = average specific emissions of CO2 excluding the records with error code B; |
| --- | --- |

AC2 = average specific emissions of CO2 excluding the records with error code B;

| | TG2 = specific emissions target excluding the records with error code B. |
| --- | --- |

TG2 = specific emissions target excluding the records with error code B.

---

(1)  Commission Implementing Regulation (EU) No 293/2012 of 3 April 2012 on monitoring and reporting of data on the registration of new light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (OJ L 98, 4.4.2012, p. 1).

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| 16.7.2020 | EN | Official Journal of the European Union | L 227/68 |
| --- | --- | --- | --- |

16.7.2020

EN

Official Journal of the European Union

L 227/68

---

COMMISSION IMPLEMENTING DECISION (EU) 2020/1036

of 15 July 2020

on the non-approval of certain active substances in biocidal products pursuant to Regulation (EU) No 528/2012 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular the third subparagraph of Article 89(1) thereof,

Whereas:

| (1) | Commission Delegated Regulation (EU) No 1062/2014 (2), as last amended by Commission Delegated Regulation (EU) 2019/227 (3), establishes in its Annex II a list of active substance/product-type combinations included in the review programme of existing active substances in biocidal products on 30 March 2019. |
| --- | --- |

(1)

Commission Delegated Regulation (EU) No 1062/2014 (2), as last amended by Commission Delegated Regulation (EU) 2019/227 (3), establishes in its Annex II a list of active substance/product-type combinations included in the review programme of existing active substances in biocidal products on 30 March 2019.

| (2) | For a number of active substance/product-type combinations included in that list, all the participants have withdrawn their support in a timely manner. |
| --- | --- |

(2)

For a number of active substance/product-type combinations included in that list, all the participants have withdrawn their support in a timely manner.

| (3) | The Commission was informed, in accordance with Article 12(3) of Delegated Regulation (EU) No 1062/2014, of those active substance/product-type combinations for which all participants made a timely withdrawal and for which the role of participant had previously been taken over. In accordance with point (a) of the first paragraph of Article 20 of Delegated Regulation (EU) No 1062/2014, those active substance/product-type combinations should not be approved for use in biocidal products. |
| --- | --- |

(3)

The Commission was informed, in accordance with Article 12(3) of Delegated Regulation (EU) No 1062/2014, of those active substance/product-type combinations for which all participants made a timely withdrawal and for which the role of participant had previously been taken over. In accordance with point (a) of the first paragraph of Article 20 of Delegated Regulation (EU) No 1062/2014, those active substance/product-type combinations should not be approved for use in biocidal products.

| (4) | An open invitation was published to take over the role of participant for those active substance/product-type combinations for which the role of participant had not previously been taken over. For some of those combinations no notification has been submitted or a notification has been submitted and rejected pursuant to paragraph 4 or paragraph 5 of Article 17 of Delegated Regulation (EU) No 1062/2014. In accordance with point (b) of the first paragraph of Article 20 of Delegated Regulation (EU) No 1062/2014, those active substance/product-type combinations should not be approved for use in biocidal products. |
| --- | --- |

(4)

An open invitation was published to take over the role of participant for those active substance/product-type combinations for which the role of participant had not previously been taken over. For some of those combinations no notification has been submitted or a notification has been submitted and rejected pursuant to paragraph 4 or paragraph 5 of Article 17 of Delegated Regulation (EU) No 1062/2014. In accordance with point (b) of the first paragraph of Article 20 of Delegated Regulation (EU) No 1062/2014, those active substance/product-type combinations should not be approved for use in biocidal products.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products, |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS DECISION:

Article 1

The active substances listed in the Annex are not approved for the product-types indicated therein.

Article 2

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

Done at Brussels, 15 July 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 167, 27.6.2012, p. 1.

1

(2)  Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 294, 10.10.2014, p. 1).

2

(3)  Commission Delegated Regulation (EU) 2019/227 of 28 November 2018 amending Delegated Regulation (EU) No 1062/2014 as regards certain active substances/product-type combinations for which the competent authority of the United Kingdom has been designated as the evaluating competent authority (OJ L 37, 8.2.2019, p. 1).

3

---

ANNEX

Active substance/product-type combinations not approved, including any nanomaterial forms:

| Entry Number in Annex II to Regulation (EU) No 1062/2014 | Substance name | Rapporteur Member State | EC number | CAS number | Product-type(s) |
| --- | --- | --- | --- | --- | --- |
| 37 | Formic acid | BE | 200-579-1 | 64-18-6 | 11, 12 |
| 1025 | Performic acid generated from formic acid and hydrogen peroxide | BE | n/a | n/a | 3, 5, 6 |
| 1027 | Peracetic acid generated from 1,3- diacetyloxypropan-2-yl acetate and hydrogen peroxide | AT | n/a | n/a | 4 |
| 1028 | Peracetic acid generated from tetraacetylethylenediamine (TAED) and sodium perborate monohydrate | AT | n/a | n/a | 3 |
| 1029 | Peracetic acid generated by perhydrolysis of N-acetylcaprolactam by hydrogen peroxide in alkaline conditions | AT | n/a | n/a | 2 |
| 85 | Symclosene | DE | 201-782-8 | 87-90-1 | 12 |
| 195 | Sodium 2-biphenylate | ES | 205-055-6 | 132-27-4 | 4, 6, 7, 9, 10, 13 |
| 253 | Tetrahydro-3,5-dimethyl-1,3,5-thiadiazine-2-thione (Dazomet) | BE | 208-576-7 | 533-74-4 | 6, 12 |
| 346 | Sodium dichloroisocyanurate dihydrate | DE | 220-767-7 | 51580-86-0 | 12 |
| 345 | Troclosene sodium | DE | 220-767-7 | 2893-78-9 | 12 |
| 359 | Formaldehyde released from (Ethylenedioxy)dimethanol (Reaction products of ethylene glycol with paraformaldehyde (EGForm)) | PL | 222-720-6 | 3586-55-8 | 2 |
| 382 | Tetrahydro-1,3,4,6-tetrakis(hydroxymethyl)imidazo[4,5-d]imidazole-2,5 (1H,3H)-dione (TMAD) | ES | 226-408-0 | 5395-50-6 | 2 |
| 1035 | Active bromine generated from ozone and bromide of natural water and sodium bromide | NL | n/a | n/a | 2 |
| 1036 | Hydrogen peroxide released from sodium percarbonate | FI | n/a | n/a | 5 |
| 473 | Pyrethrins and Pyrethroids | ES | 232-319-8 | 8003-34-7 | 18, 19 |
| 1041 | Chlorine dioxide generated from sodium chloride by electrolysis | DE | n/a | n/a | 2, 3, 4, 5, 11, 12 |
| 1044 | Chlorine dioxide generated from sodium chlorite and sodium persulfate | DE | n/a | n/a | 12 |
| 597 | 1-[2-(Allyloxy)-2-(2,4-dichlorophenyl)ethyl]-1H-imidazole (Imazalil) | DE | 252-615-0 | 35554-44-0 | 3 |
| 939 | Active chlorine generated from sodium chloride by electrolysis | SK | n/a | n/a | 12 |
| 1052 | Active chlorine generated from magnesium chloride hexahydrate by electrolysis | FR | n/a | n/a | 2 |
| 1053 | Active chlorine generated from potassium chloride by electrolysis | DK | n/a | n/a | 2, 4 |
| 1055 | Active chlorine generated from sodium chloride and pentapotassium bis(peroxymonosulfate)bis(sulfate) (KPMS) and sulfamic acid | SI | n/a | n/a | 2, 3 |
| 1056 | Active chlorine generated from hydrochloric acid by electrolysis | SI | n/a | n/a | 2, 4, 5 |
| 731 | Chrysanthemum cinerariaefolium, ext. | ES | 289-699-3 | 89997-63-7 | 18 |
| 811 | Silver sodium hydrogen zirconium phosphate | SE | 422-570-3 | 265647-11-8 | 1 |
| 1014 | Silver zeolite | SE | n/a | n/a | 5 |
| 868 | Polyhexamethylene biguanide hydrochloride with a mean number-average molecular weight (Mn) of 1415 and a mean polydispersity (PDI) of 4,7 (PHMB(1415;4,7)) | FR | Polymer | 1802181-67-4/32289-58-0 | 3, 9, 11 |

Entry Number in Annex II to Regulation (EU) No 1062/2014

Substance name

Rapporteur Member State

EC number

CAS number

Product-type(s)

37

Formic acid

BE

200-579-1

64-18-6

11, 12

1025

Performic acid generated from formic acid and hydrogen peroxide

BE

n/a

n/a

3, 5, 6

1027

Peracetic acid generated from 1,3- diacetyloxypropan-2-yl acetate and hydrogen peroxide

AT

n/a

n/a

4

1028

Peracetic acid generated from tetraacetylethylenediamine (TAED) and sodium perborate monohydrate

AT

n/a

n/a

3

1029

Peracetic acid generated by perhydrolysis of N-acetylcaprolactam by hydrogen peroxide in alkaline conditions

AT

n/a

n/a

2

85

Symclosene

DE

201-782-8

87-90-1

12

195

Sodium 2-biphenylate

ES

205-055-6

132-27-4

4, 6, 7, 9, 10, 13

253

Tetrahydro-3,5-dimethyl-1,3,5-thiadiazine-2-thione (Dazomet)

BE

208-576-7

533-74-4

6, 12

346

Sodium dichloroisocyanurate dihydrate

DE

220-767-7

51580-86-0

12

345

Troclosene sodium

DE

220-767-7

2893-78-9

12

359

Formaldehyde released from (Ethylenedioxy)dimethanol (Reaction products of ethylene glycol with paraformaldehyde (EGForm))

PL

222-720-6

3586-55-8

2

382

Tetrahydro-1,3,4,6-tetrakis(hydroxymethyl)imidazo[4,5-d]imidazole-2,5 (1H,3H)-dione (TMAD)

ES

226-408-0

5395-50-6

2

1035

Active bromine generated from ozone and bromide of natural water and sodium bromide

NL

n/a

n/a

2

1036

Hydrogen peroxide released from sodium percarbonate

FI

n/a

n/a

5

473

Pyrethrins and Pyrethroids

ES

232-319-8

8003-34-7

18, 19

1041

Chlorine dioxide generated from sodium chloride by electrolysis

DE

n/a

n/a

2, 3, 4, 5, 11, 12

1044

Chlorine dioxide generated from sodium chlorite and sodium persulfate

DE

n/a

n/a

12

597

1-[2-(Allyloxy)-2-(2,4-dichlorophenyl)ethyl]-1H-imidazole (Imazalil)

DE

252-615-0

35554-44-0

3

939

Active chlorine generated from sodium chloride by electrolysis

SK

n/a

n/a

12

1052

Active chlorine generated from magnesium chloride hexahydrate by electrolysis

FR

n/a

n/a

2

1053

Active chlorine generated from potassium chloride by electrolysis

DK

n/a

n/a

2, 4

1055

Active chlorine generated from sodium chloride and pentapotassium bis(peroxymonosulfate)bis(sulfate) (KPMS) and sulfamic acid

SI

n/a

n/a

2, 3

1056

Active chlorine generated from hydrochloric acid by electrolysis

SI

n/a

n/a

2, 4, 5

731

Chrysanthemum cinerariaefolium, ext.

ES

289-699-3

89997-63-7

18

811

Silver sodium hydrogen zirconium phosphate

SE

422-570-3

265647-11-8

1

1014

Silver zeolite

SE

n/a

n/a

5

868

Polyhexamethylene biguanide hydrochloride with a mean number-average molecular weight (Mn) of 1415 and a mean polydispersity (PDI) of 4,7 (PHMB(1415;4,7))

FR

Polymer

1802181-67-4/32289-58-0

3, 9, 11

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| 16.7.2020 | EN | Official Journal of the European Union | L 227/72 |
| --- | --- | --- | --- |

16.7.2020

EN

Official Journal of the European Union

L 227/72

---

COMMISSION IMPLEMENTING DECISION (EU) 2020/1037

of 15 July 2020

postponing the expiry date of approval of acrolein for use in biocidal products of product-type 12

(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 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular Article 14(5) thereof,

After consulting the Standing Committee on Biocidal Products,

Whereas:

| (1) | The active substance acrolein was included in Annex I to Directive 98/8/EC of the European Parliament and of the Council (2) for use in biocidal products of product-type 12, and pursuant to Article 86 of Regulation (EU) No 528/2012 is therefore considered approved under that Regulation subject to the specifications and conditions set out in Annex I to that Directive. |
| --- | --- |

(1)

The active substance acrolein was included in Annex I to Directive 98/8/EC of the European Parliament and of the Council (2) for use in biocidal products of product-type 12, and pursuant to Article 86 of Regulation (EU) No 528/2012 is therefore considered approved under that Regulation subject to the specifications and conditions set out in Annex I to that Directive.

| (2) | The approval of acrolein for use in biocidal products of product-type 12 will expire on 31 August 2020. On 28 February 2019, an application was submitted in accordance with Article 13(1) of Regulation (EU) No 528/2012 for the renewal of the approval of acrolein. |
| --- | --- |

(2)

The approval of acrolein for use in biocidal products of product-type 12 will expire on 31 August 2020. On 28 February 2019, an application was submitted in accordance with Article 13(1) of Regulation (EU) No 528/2012 for the renewal of the approval of acrolein.

| (3) | On 25 February 2020, the evaluating competent authority of Czechia informed the Commission that it had decided, pursuant to Article 14(1) of Regulation (EU) No 528/2012, that a full evaluation of the application was necessary. Pursuant to Article 8(1) of Regulation (EU) No 528/2012, the evaluating competent authority is to perform a full evaluation of the application within 365 days of its validation. |
| --- | --- |

(3)

On 25 February 2020, the evaluating competent authority of Czechia informed the Commission that it had decided, pursuant to Article 14(1) of Regulation (EU) No 528/2012, that a full evaluation of the application was necessary. Pursuant to Article 8(1) of Regulation (EU) No 528/2012, the evaluating competent authority is to perform a full evaluation of the application within 365 days of its validation.

| (4) | The evaluating competent authority may, as appropriate, request the applicant to provide sufficient data to carry out the evaluation, in accordance with Article 8(2) of Regulation (EU) No 528/2012. In such case, the 365-day period is suspended for a period that may not exceed 180 days in total unless a longer suspension is justified by the nature of the data requested or by exceptional circumstances. |
| --- | --- |

(4)

The evaluating competent authority may, as appropriate, request the applicant to provide sufficient data to carry out the evaluation, in accordance with Article 8(2) of Regulation (EU) No 528/2012. In such case, the 365-day period is suspended for a period that may not exceed 180 days in total unless a longer suspension is justified by the nature of the data requested or by exceptional circumstances.

| (5) | Within 270 days of receipt of a recommendation from the evaluating competent authority, the European Chemicals Agency (‘the Agency’) is to prepare and submit to the Commission an opinion on renewal of the approval of the active substance in accordance with Article 14(3) of Regulation (EU) No 528/2012. |
| --- | --- |

(5)

Within 270 days of receipt of a recommendation from the evaluating competent authority, the European Chemicals Agency (‘the Agency’) is to prepare and submit to the Commission an opinion on renewal of the approval of the active substance in accordance with Article 14(3) of Regulation (EU) No 528/2012.

| (6) | Consequently, for reasons beyond the control of the applicant, the approval of acrolein for use in biocidal products of product-type 12 is likely to expire before a decision has been taken on its renewal. It is therefore appropriate to postpone the expiry date of approval of acrolein for use in biocidal products of product-type 12 for a period of time sufficient to enable the examination of the application. Considering the time-limits for the evaluation by the evaluating competent authority and for the preparation and submission of the opinion by the Agency, it is appropriate to postpone the expiry date of approval to 28 February 2023. |
| --- | --- |

(6)

Consequently, for reasons beyond the control of the applicant, the approval of acrolein for use in biocidal products of product-type 12 is likely to expire before a decision has been taken on its renewal. It is therefore appropriate to postpone the expiry date of approval of acrolein for use in biocidal products of product-type 12 for a period of time sufficient to enable the examination of the application. Considering the time-limits for the evaluation by the evaluating competent authority and for the preparation and submission of the opinion by the Agency, it is appropriate to postpone the expiry date of approval to 28 February 2023.

| (7) | Except for the expiry date of the approval, acrolein remains approved for use in biocidal products of product-type 12 subject to the specifications and conditions set out in Annex I to Directive 98/8/EC, |
| --- | --- |

(7)

Except for the expiry date of the approval, acrolein remains approved for use in biocidal products of product-type 12 subject to the specifications and conditions set out in Annex I to Directive 98/8/EC,

HAS ADOPTED THIS DECISION:

Article 1

The expiry date of approval of acrolein for use in biocidal products of product-type 12 is postponed to 28 February 2023.

Article 2

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

Done at Brussels, 15 July 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 167, 27.6.2012, p. 1.

1

(2)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).

2

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| 16.7.2020 | EN | Official Journal of the European Union | L 227/74 |
| --- | --- | --- | --- |

16.7.2020

EN

Official Journal of the European Union

L 227/74

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COMMISSION IMPLEMENTING DECISION (EU) 2020/1038

of 15 July 2020

postponing the expiry date of approval of creosote for use in biocidal products of product-type 8

(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 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular Article 14(5) thereof,

After consulting the Standing Committee on Biocidal Products,

Whereas:

| (1) | The active substance creosote was included into Annex I to Directive 98/8/EC of the European Parliament and of the Council (2) for use in biocidal products for product-type 8, and pursuant to Article 86 of Regulation (EU) No 528/2012 is therefore considered approved under that Regulation subject to the specifications and conditions set out in Annex I to that Directive. |
| --- | --- |

(1)

The active substance creosote was included into Annex I to Directive 98/8/EC of the European Parliament and of the Council (2) for use in biocidal products for product-type 8, and pursuant to Article 86 of Regulation (EU) No 528/2012 is therefore considered approved under that Regulation subject to the specifications and conditions set out in Annex I to that Directive.

| (2) | On 27 October 2016, an application was submitted in accordance with Article 13(1) of Regulation (EU) No 528/2012 for the renewal of the approval of creosote. |
| --- | --- |

(2)

On 27 October 2016, an application was submitted in accordance with Article 13(1) of Regulation (EU) No 528/2012 for the renewal of the approval of creosote.

| (3) | The expiry date of approval of creosote has been postponed to 31 October 2020 by Commission Implementing Decision (EU) 2017/2334 (3) in order to allow sufficient time for the examination of the application. |
| --- | --- |

(3)

The expiry date of approval of creosote has been postponed to 31 October 2020 by Commission Implementing Decision (EU) 2017/2334 (3) in order to allow sufficient time for the examination of the application.

| (4) | On 16 September 2019, the former evaluating competent authority of the United Kingdom submitted a recommendation on the renewal to the European Chemicals Agency (‘the Agency’). The competent authority of Poland has taken over the role of evaluating competent authority on the application on 30 January 2020. As the competent authority carried out a full evaluation of the application, in accordance with Article 14(3) of Regulation (EU) No 528/2012, the Agency is to prepare and submit to the Commission an opinion on renewal of the approval of the active substance within 270 days of receipt of the recommendation from the evaluating competent authority. |
| --- | --- |

(4)

On 16 September 2019, the former evaluating competent authority of the United Kingdom submitted a recommendation on the renewal to the European Chemicals Agency (‘the Agency’). The competent authority of Poland has taken over the role of evaluating competent authority on the application on 30 January 2020. As the competent authority carried out a full evaluation of the application, in accordance with Article 14(3) of Regulation (EU) No 528/2012, the Agency is to prepare and submit to the Commission an opinion on renewal of the approval of the active substance within 270 days of receipt of the recommendation from the evaluating competent authority.

| (5) | In addition, as creosote is classified as carcinogen category 1B in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (4) and meets the criteria for being a persistent, bioaccumulative and toxic substance and a very persistent and very bioaccumulative substance according to Annex XIII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council (5), it meets the exclusion criteria set out in points (a) and (e) of Article 5(1) of Regulation (EU) No 528/2012. Further examination is therefore necessary to decide whether at least one of the conditions of the first subparagraph of Article 5(2) of Regulation (EU) No 528/2012 is fulfilled, and whether the approval of creosote may therefore be renewed. |
| --- | --- |

(5)

In addition, as creosote is classified as carcinogen category 1B in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (4) and meets the criteria for being a persistent, bioaccumulative and toxic substance and a very persistent and very bioaccumulative substance according to Annex XIII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council (5), it meets the exclusion criteria set out in points (a) and (e) of Article 5(1) of Regulation (EU) No 528/2012. Further examination is therefore necessary to decide whether at least one of the conditions of the first subparagraph of Article 5(2) of Regulation (EU) No 528/2012 is fulfilled, and whether the approval of creosote may therefore be renewed.

| (6) | Furthermore, creosote, its compounds and wood treated with them are subject to restrictions laid down in Annex XVII to Regulation (EC) No 1907/2006. Following Commission Implementing Decision (EU) 2019/961 (6), France is to submit to the Agency a dossier in accordance with Annex XV to Regulation (EC) No 1907/2006, initiating a Union restrictions procedure in accordance with Articles 69 to 73 of that Regulation. Further examination needs to take place in order to ensure consistency between the assessment of the renewal of the approval of creosote as an active substance under Regulation (EU) No 528/2012 and the Union restriction procedure under Regulation (EC) No 1907/2006, and to provide for an effective control of creosote and wood treated with it. |
| --- | --- |

(6)

Furthermore, creosote, its compounds and wood treated with them are subject to restrictions laid down in Annex XVII to Regulation (EC) No 1907/2006. Following Commission Implementing Decision (EU) 2019/961 (6), France is to submit to the Agency a dossier in accordance with Annex XV to Regulation (EC) No 1907/2006, initiating a Union restrictions procedure in accordance with Articles 69 to 73 of that Regulation. Further examination needs to take place in order to ensure consistency between the assessment of the renewal of the approval of creosote as an active substance under Regulation (EU) No 528/2012 and the Union restriction procedure under Regulation (EC) No 1907/2006, and to provide for an effective control of creosote and wood treated with it.

| (7) | Consequently, for reasons beyond the control of the applicant, the approval of creosote for use in biocidal products of product-type 8 is likely to expire before a decision has been taken on its renewal. It is therefore appropriate to further postpone the expiry date of approval of creosote for a period of time sufficient to enable the examination of the application. |
| --- | --- |

(7)

Consequently, for reasons beyond the control of the applicant, the approval of creosote for use in biocidal products of product-type 8 is likely to expire before a decision has been taken on its renewal. It is therefore appropriate to further postpone the expiry date of approval of creosote for a period of time sufficient to enable the examination of the application.

| (8) | Considering the period necessary for the preparation and submission of the opinion by the Agency, the period necessary to decide if at least one of the conditions of the first subparagraph of Article 5(2) of Regulation (EU) No 528/2012 is fulfilled and whether the approval of creosote may therefore be renewed, it is appropriate to postpone the expiry date of approval of creosote to 31 October 2021. |
| --- | --- |

(8)

Considering the period necessary for the preparation and submission of the opinion by the Agency, the period necessary to decide if at least one of the conditions of the first subparagraph of Article 5(2) of Regulation (EU) No 528/2012 is fulfilled and whether the approval of creosote may therefore be renewed, it is appropriate to postpone the expiry date of approval of creosote to 31 October 2021.

| (9) | Except for the expiry date of the approval, creosote remains approved subject to the specifications and conditions set out in Annex I to Directive 98/8/EC, |
| --- | --- |

(9)

Except for the expiry date of the approval, creosote remains approved subject to the specifications and conditions set out in Annex I to Directive 98/8/EC,

HAS ADOPTED THIS DECISION:

Article 1

The expiry date of approval of creosote for use in biocidal products of product-type 8 is postponed to 31 October 2021.

Article 2

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

Done at Brussels, 15 July 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 167, 27.6.2012, p. 1.

1

(2)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).

2

(3)  Commission Implementing Decision (EU) 2017/2334 of 14 December 2017 postponing the expiry date of approval of creosote for use in biocidal products of product-type 8 (OJ L 333, 15.12.2017, p. 64).

3

(4)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).

4

(5)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

5

(6)  Commission Implementing Decision (EU) 2019/961 of 7 June 2019 authorising a provisional measure taken by the French Republic in accordance with Article 129 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) to restrict the use and the placing on the market of certain wood treated with creosote and other creosote-related substances (OJ L 154, 12.6.2019, p. 44).

6

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RECOMMENDATIONS

| 16.7.2020 | EN | Official Journal of the European Union | L 227/76 |
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16.7.2020

EN

Official Journal of the European Union

L 227/76

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COMMISSION RECOMMENDATION (EU) 2020/1039

of 14 July 2020

on making State financial support to undertakings in the Union conditional on the absence of links to non-cooperative jurisdictions

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,

Whereas:

| (1) | The diversion of financial aid to tax havens can damage the integrity of Member States’ public finances as well as the proper functioning of the Union financial system and the internal market of the Union. The Commission has taken a clear stance against tax havens in recent years through its External Strategy for Effective Taxation (1). |
| --- | --- |

(1)

The diversion of financial aid to tax havens can damage the integrity of Member States’ public finances as well as the proper functioning of the Union financial system and the internal market of the Union. The Commission has taken a clear stance against tax havens in recent years through its External Strategy for Effective Taxation (1).

| (2) | The COVID-19 outbreak has prompted unprecedented action at national and Union level to support Member States’ economies and facilitate their recovery. This includes State intervention to ensure liquidity and access to finance for undertakings, considerable part of which has been subject to Union State aid rules. |
| --- | --- |

(2)

The COVID-19 outbreak has prompted unprecedented action at national and Union level to support Member States’ economies and facilitate their recovery. This includes State intervention to ensure liquidity and access to finance for undertakings, considerable part of which has been subject to Union State aid rules.

| (3) | The volume of financial support, in particular liquidity support, granted to undertakings in the current COVID-19 related circumstances, calls for immediate and coordinated action to prevent the misuse of public financing. Such action so far has mostly been undertaken in the context of Union State aid rules. Furthermore and beyond the COVID-19 related circumstances, the granting of financial support should address the need for tackling tax avoidance and fraud as well as the abuse of national and Union budgets at the expense of taxpayers and social security systems. |
| --- | --- |

(3)

The volume of financial support, in particular liquidity support, granted to undertakings in the current COVID-19 related circumstances, calls for immediate and coordinated action to prevent the misuse of public financing. Such action so far has mostly been undertaken in the context of Union State aid rules. Furthermore and beyond the COVID-19 related circumstances, the granting of financial support should address the need for tackling tax avoidance and fraud as well as the abuse of national and Union budgets at the expense of taxpayers and social security systems.

| (4) | In order to effectively pursue the efforts to curb tax avoidance, fraud and abuse, it is equally important to cater for the proper functioning of the internal market. For that purpose, Member States should coordinate their action, to prevent their tax bases from being unduly eroded and ensure that they adopt solutions which do not create significant discrepancies or market distortions. |
| --- | --- |

(4)

In order to effectively pursue the efforts to curb tax avoidance, fraud and abuse, it is equally important to cater for the proper functioning of the internal market. For that purpose, Member States should coordinate their action, to prevent their tax bases from being unduly eroded and ensure that they adopt solutions which do not create significant discrepancies or market distortions.

| (5) | The Union list of non-cooperative jurisdictions for tax purposes (‘EU list of non-cooperative jurisdictions’) (2) is designed to address threats to EU Member States’ tax bases. Against that background, it would be appropriate to recommend that Member States make their financial support to undertakings in the Union conditional on the absence of links between those undertakings and jurisdictions that feature on the Union list. Moreover, the Commission observes that, in the context of granting State aid in the form of recapitalisations, several Member States have indicated their intention to create a strong link between financial support and a fair share of tax paid by the beneficiary. |
| --- | --- |

(5)

The Union list of non-cooperative jurisdictions for tax purposes (‘EU list of non-cooperative jurisdictions’) (2) is designed to address threats to EU Member States’ tax bases. Against that background, it would be appropriate to recommend that Member States make their financial support to undertakings in the Union conditional on the absence of links between those undertakings and jurisdictions that feature on the Union list. Moreover, the Commission observes that, in the context of granting State aid in the form of recapitalisations, several Member States have indicated their intention to create a strong link between financial support and a fair share of tax paid by the beneficiary.

| (6) | Nonetheless, it is critical that Member States protect genuine economic activities in listed non-cooperative jurisdictions and guarantee that those economic activities are not inadvertently affected. For this purpose, Member States should include appropriate exceptions in their laws, in order to ensure that financial support not be prevented where there is real economic activity. |
| --- | --- |

(6)

Nonetheless, it is critical that Member States protect genuine economic activities in listed non-cooperative jurisdictions and guarantee that those economic activities are not inadvertently affected. For this purpose, Member States should include appropriate exceptions in their laws, in order to ensure that financial support not be prevented where there is real economic activity.

| (7) | In order to ensure that the financial support can flow to eligible undertakings, Member States should establish reasonable requirements to demonstrate the absence of links to a jurisdiction that features on the EU list of non-cooperative jurisdictions. At the same time, it is essential to guarantee that undertakings cannot circumvent the requirements for entitlement to financial support. |
| --- | --- |

(7)

In order to ensure that the financial support can flow to eligible undertakings, Member States should establish reasonable requirements to demonstrate the absence of links to a jurisdiction that features on the EU list of non-cooperative jurisdictions. At the same time, it is essential to guarantee that undertakings cannot circumvent the requirements for entitlement to financial support.

| (8) | In an effort to create a comprehensive framework, Member States should extend the conditions for granting State financial support to undertakings beyond the absence of links to listed non-cooperative jurisdictions, in order to include cases where it has been established that an undertaking or its owners have been the subject of a conviction to a serious crime or in breach of obligations relating to the payment of taxes or social security contributions, |
| --- | --- |

(8)

In an effort to create a comprehensive framework, Member States should extend the conditions for granting State financial support to undertakings beyond the absence of links to listed non-cooperative jurisdictions, in order to include cases where it has been established that an undertaking or its owners have been the subject of a conviction to a serious crime or in breach of obligations relating to the payment of taxes or social security contributions,

HAS ADOPTED THIS RECOMMENDATION:

1.   SUBJECT MATTER AND SCOPE

This Recommendation sets out a coordinated approach to making the granting of financial support by Member States conditional on the absence of links between the recipient undertaking and jurisdictions which feature on the EU list of non-cooperative jurisdictions.

2.   DEFINITIONS

‘Ownership’ means direct and indirect holdings, as well as the beneficial owner, as defined in Article 3 point 6 of Directive 2015/849 of the European Parliament and of the Council (3).

‘Financial support’ means any type of financial assistance available to all undertakings or selective measures, including State aid granted pursuant to the new State Aid Temporary Framework (4).

‘Undertaking’ means any entity or natural person engaged in economic activities regardless of its legal form or sector of activity.

3.   MAKING STATE FINANCIAL SUPPORT TO UNDERTAKINGS IN THE UNION CONDITIONAL ON THE ABSENCE OF LINKS TO JURISDICTIONS WHICH FEATURE ON THE EU LIST OF NON-COOPERATIVE JURISDICTIONS

Where Member States adopt measures that provide financial support to eligible undertakings in their jurisdiction, they should make the entitlement to such financial support contingent upon a number of conditions. Therefore, the undertakings that receive the financial support should not:

| (a) | be resident for tax purposes in, or incorporated under the laws of, jurisdictions that feature on the EU list of non-cooperative jurisdictions; |
| --- | --- |

(a)

be resident for tax purposes in, or incorporated under the laws of, jurisdictions that feature on the EU list of non-cooperative jurisdictions;

| (b) | be controlled, directly or indirectly, by shareholders in jurisdictions that feature on the EU list of non-cooperative jurisdictions, up to the beneficial owner, as defined in Article 3 point 6 of Directive 2015/849; |
| --- | --- |

(b)

be controlled, directly or indirectly, by shareholders in jurisdictions that feature on the EU list of non-cooperative jurisdictions, up to the beneficial owner, as defined in Article 3 point 6 of Directive 2015/849;

| (c) | control, directly or indirectly, subsidiaries or own permanent establishments in jurisdictions that feature on the EU list of non-cooperative jurisdictions; and |
| --- | --- |

(c)

control, directly or indirectly, subsidiaries or own permanent establishments in jurisdictions that feature on the EU list of non-cooperative jurisdictions; and

| (d) | share ownership with undertakings in jurisdictions that feature on the EU list of non-cooperative jurisdictions. |
| --- | --- |

(d)

share ownership with undertakings in jurisdictions that feature on the EU list of non-cooperative jurisdictions.

In order to verify compliance with the rule prescribing the absence of links to jurisdictions that feature on the EU list of non-cooperative jurisdictions, Member States should ensure that not only the immediate shareholders but also the ultimate owner and all other undertakings under the same ownership are not tax resident in, or incorporated under the laws of, such a jurisdiction. The owners of the undertaking that receives financial support may be legal entities (e.g. corporations, partnerships, etc.), legal arrangements (e.g. trusts) or natural persons.

For the purpose of determining whether an undertaking may be granted financial support, it should be irrelevant how many tiers of legal entities or legal arrangements may sit between the undertaking established in the Member State that grants the financial support and the entity in a jurisdiction that features on the EU list.

4.   CARVE-OUTS

Member States may disregard the existence of links to the listed non-cooperative jurisdictions, when the undertaking provides evidence that one of the following circumstances is met:

| (a) | where the level of the tax liability in the Member State granting the support over a given period of time (e.g. the last three years) is considered adequate when compared to the overall turnover or level of activities of the undertaking receiving the support, at domestic and group level, over the same period; |
| --- | --- |

(a)

where the level of the tax liability in the Member State granting the support over a given period of time (e.g. the last three years) is considered adequate when compared to the overall turnover or level of activities of the undertaking receiving the support, at domestic and group level, over the same period;

| (b) | where the undertaking makes legally binding commitments to remove its ties to EU listed non-cooperative jurisdictions within a short timeframe, subject to appropriate follow-up and sanctions in case of non-compliance. |
| --- | --- |

(b)

where the undertaking makes legally binding commitments to remove its ties to EU listed non-cooperative jurisdictions within a short timeframe, subject to appropriate follow-up and sanctions in case of non-compliance.

Member States should disregard the existence of links to the listed non-cooperative jurisdictions where the undertaking has substantial economic presence (supported by staff, equipment, assets and premises, as evidenced by relevant facts and circumstances) and performs a substantive economic activity in listed non-cooperative jurisdictions.

Member States should not apply those exceptions if they are not in a position to verify the accuracy of the information. This could be due to the insufficient exchange of information on request with the third country concerned, in particular the absence of a tax treaty allowing exchange of information or the lack of cooperation from the third country jurisdiction concerned.

5.   IMPLEMENTATION AND ENFORCEMENT

Member States should agree to reasonable requirements demonstrating the absence of links to a jurisdiction that features on the EU list of non-cooperative jurisdictions. The following principles aim at assisting Member States in ensuring swift implementation and effective enforcement of the requirements:

| (a) | In order to simplify procedures and facilitate access to financial support, Member States could accept self-certifications by the applicants as evidence that they are fully compliant with the requirements for receiving the financial support. That process should be complemented with enhanced audits/controls at a later stage making full use of the tools available in order to mitigate the risk of non-compliance such as country by country reports, automatic exchange of financial account information, exchange of information on request or access to beneficial ownership information. |
| --- | --- |

(a)

In order to simplify procedures and facilitate access to financial support, Member States could accept self-certifications by the applicants as evidence that they are fully compliant with the requirements for receiving the financial support. That process should be complemented with enhanced audits/controls at a later stage making full use of the tools available in order to mitigate the risk of non-compliance such as country by country reports, automatic exchange of financial account information, exchange of information on request or access to beneficial ownership information.

| (b) | Member States should provide for effective, proportionate and dissuasive sanctions in order to discourage false or inaccurate information by the applicants, including, as a minimum, the recovery of unduly granted financial support. |
| --- | --- |

(b)

Member States should provide for effective, proportionate and dissuasive sanctions in order to discourage false or inaccurate information by the applicants, including, as a minimum, the recovery of unduly granted financial support.

| (c) | Member States should not allow self-certification and should carry out enhanced verifications where the undertaking in question has links to EU listed jurisdictions and claims the benefit of a carve-out. |
| --- | --- |

(c)

Member States should not allow self-certification and should carry out enhanced verifications where the undertaking in question has links to EU listed jurisdictions and claims the benefit of a carve-out.

6.   OTHER RESTRICTIONS

Member States should refrain from providing financial support to undertakings in the following cases:

| — | where it has been established that an undertaking or its owners have been the subject of a conviction by final judgment for any of the crimes laid down in Article 57(1) of Directive 2014/24/EU of the European Parliament and of the Council (5), |
| --- | --- |

—

where it has been established that an undertaking or its owners have been the subject of a conviction by final judgment for any of the crimes laid down in Article 57(1) of Directive 2014/24/EU of the European Parliament and of the Council (5),

| — | where it has been established by final judgment or final administrative decision that an undertaking or its owners is in breach of its obligations relating to the payment of taxes or social security contributions in accordance with the applicable law. |
| --- | --- |

—

where it has been established by final judgment or final administrative decision that an undertaking or its owners is in breach of its obligations relating to the payment of taxes or social security contributions in accordance with the applicable law.

7.   FOLLOW-UP

Member States are requested to inform the Commission about the measures taken further to the present Recommendation.

The Commission is ready to discuss with Member States their plans for ensuring that the granting of State aid, in particular in the form of recapitalisations, should be limited to undertakings paying their fair share of tax.

The Commission will publish a report on the application of this Recommendation within three years after its adoption.

Done at Brussels, 14 July 2020.

For the Commission

Paolo GENTILONI

Member of the Commission

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(1)  Communication from the Commission to the European Parliament and the Council on an External Strategy for Effective Taxation, 28 January 2016 (https://eur-lex.europa.eu/resource.html?uri=cellar:b5aef3db-c5a7-11e5-a4b5-01aa75ed71a1.0018.02/DOC_1&format=PDF)

1

(2)  Jurisdictions featuring in Annex I of the relevant Council Conclusions (so-called ‘black list’). The list is regularly updated: https://ec.europa.eu/taxation_customs/tax-common-eu-list_en

2

(3)  Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing (OJ L 141, 5.6.2015, p. 73).

3

(4)  Communication from the Commission – Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak C/2020/1863 (OJ C 91 I, 20.3.2020, p. 1), as amended on 3 April, 8 May and 29 June 2020.

4

(5)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement (OJ L 94, 28.3.2014, p. 65).

5

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