# Official Journal L 43/2014

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2014.043.eng |
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| Official Journal
  of the European Union | L 43 |
| | |
| English edition | Legislation | Volume 5713 February 2014 |

ISSN 1977-0677

doi:10.3000/19770677.L_2014.043.eng

Official Journal

of the European Union

L 43

English edition

Legislation

Volume 5713 February 2014

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Implementing Regulation (EU) No 135/2014 of 11 February 2014 repealing the anti-dumping duty on imports of dicyandiamide originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 | 1 |
| | * | Commission Regulation (EU) No 136/2014 of 11 February 2014 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and Commission Regulation (EU) No 582/2011 as regards emissions from heavy duty vehicles (Euro VI) (
  1
  ) | 12 |
| | * | Commission Implementing Regulation (EU) No 137/2014 of 12 February 2014 amending Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing | 47 |
| | | Commission Implementing Regulation (EU) No 138/2014 of 12 February 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables | 55 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Council Implementing Regulation (EU) No 135/2014 of 11 February 2014 repealing the anti-dumping duty on imports of dicyandiamide originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009

1

*

Commission Regulation (EU) No 136/2014 of 11 February 2014 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and Commission Regulation (EU) No 582/2011 as regards emissions from heavy duty vehicles (Euro VI) (
  1
  )

1

12

*

Commission Implementing Regulation (EU) No 137/2014 of 12 February 2014 amending Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing

47

Commission Implementing Regulation (EU) No 138/2014 of 12 February 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

55

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| | (1)   Text with EEA relevance |

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(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. |
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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.

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II Non-legislative acts

REGULATIONS

| 13.2.2014 | EN | Official Journal of the European Union | L 43/1 |
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13.2.2014

EN

Official Journal of the European Union

L 43/1

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COUNCIL IMPLEMENTING REGULATION (EU) No 135/2014

of 11 February 2014

repealing the anti-dumping duty on imports of dicyandiamide originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Articles 11(2), 11(6) and 9 thereof,

Having regard to the proposal from the European Commission after consulting the Advisory Committee,

Whereas:

1.   PROCEDURE

PROCEDURE

1.1.   Measures in force

Measures in force

| (1) | The Council, following an anti-dumping investigation (‘the original investigation’), imposed by Regulation (EC) No 1331/2007 (2) a definitive anti-dumping duty on imports of 1-cyanoguanidine (dicyandiamide) originating in the People’s Republic of China (‘China’ or ‘the country concerned’) (‘the definitive anti-dumping measures’). The measures took the form of an ad valorem duty at the level of 49,1 %. |
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(1)

The Council, following an anti-dumping investigation (‘the original investigation’), imposed by Regulation (EC) No 1331/2007 (2) a definitive anti-dumping duty on imports of 1-cyanoguanidine (dicyandiamide) originating in the People’s Republic of China (‘China’ or ‘the country concerned’) (‘the definitive anti-dumping measures’). The measures took the form of an ad valorem duty at the level of 49,1 %.

2

ad valorem

1.2.   Request for an expiry review

Request for an expiry review

| (2) | Following the publication of a notice of impending expiry of the definitive anti-dumping measures in force (3), the Commission received on 14 August 2012 a request for the initiation of an expiry review of these measures pursuant to Article 11(2) of the basic Regulation. The request was lodged by AlzChem AG (‘the applicant’), representing 100 % of the total Union production of dicyandiamide. |
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(2)

Following the publication of a notice of impending expiry of the definitive anti-dumping measures in force (3), the Commission received on 14 August 2012 a request for the initiation of an expiry review of these measures pursuant to Article 11(2) of the basic Regulation. The request was lodged by AlzChem AG (‘the applicant’), representing 100 % of the total Union production of dicyandiamide.

3

| (3) | The application submitted was based on the grounds that the expiry of the definitive anti-dumping measures would be likely to result in continuation of dumping and recurrence of injury to the Union industry. |
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(3)

The application submitted was based on the grounds that the expiry of the definitive anti-dumping measures would be likely to result in continuation of dumping and recurrence of injury to the Union industry.

1.3.   Initiation of an expiry review

Initiation of an expiry review

| (4) | Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission announced on 15 November 2012, by a notice published in the Official Journal of the European Union (4) (‘the Notice of initiation’), the initiation of an expiry review pursuant to Article 11(2) of the basic Regulation. |
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(4)

Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission announced on 15 November 2012, by a notice published in the Official Journal of the European Union (4) (‘the Notice of initiation’), the initiation of an expiry review pursuant to Article 11(2) of the basic Regulation.

Official Journal of the European Union

4

1.4.   Investigation

Investigation

1.4.1.   Review investigation period and period considered

Review investigation period and period considered

| (5) | The investigation of a continuation of dumping covered the period from 1 October 2011 to 30 September 2012 (‘the review investigation period’ or ‘RIP’). The examination of the trends relevant for the assessment of the likelihood of recurrence of injury covered the period from 1 January 2009 to the end of the review investigation period (‘the period considered’). |
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(5)

The investigation of a continuation of dumping covered the period from 1 October 2011 to 30 September 2012 (‘the review investigation period’ or ‘RIP’). The examination of the trends relevant for the assessment of the likelihood of recurrence of injury covered the period from 1 January 2009 to the end of the review investigation period (‘the period considered’).

| (6) | After final disclosure, the applicant argued that the period considered should have started in 2008 because 2009 would result in unrepresentative findings. It should firstly be noted that the Commission enjoys a broad discretion when determining the period to be taken into account for the purpose of verifying injury. Secondly, the applicant has made this claim at a stage too late to change the period. The period considered was announced early in the process, but the applicant did not contest it then. The period cannot be changed at such a late stage of the process for practical reasons and because a modification on the basis of the collected evidence would be against the impartial conduct of an investigation. The claim was, therefore, rejected. |
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(6)

After final disclosure, the applicant argued that the period considered should have started in 2008 because 2009 would result in unrepresentative findings. It should firstly be noted that the Commission enjoys a broad discretion when determining the period to be taken into account for the purpose of verifying injury. Secondly, the applicant has made this claim at a stage too late to change the period. The period considered was announced early in the process, but the applicant did not contest it then. The period cannot be changed at such a late stage of the process for practical reasons and because a modification on the basis of the collected evidence would be against the impartial conduct of an investigation. The claim was, therefore, rejected.

1.4.2.   Parties concerned by the investigation

Parties concerned by the investigation

| (7) | The Commission officially advised the applicant, exporting producers in the country concerned, unrelated importers, users in the Union known to be concerned, and the representatives of the exporting country of the initiation of the expiry review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the Notice of initiation. |
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(7)

The Commission officially advised the applicant, exporting producers in the country concerned, unrelated importers, users in the Union known to be concerned, and the representatives of the exporting country of the initiation of the expiry review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the Notice of initiation.

| (8) | In view of the apparent large number of exporting producers in the country concerned and unrelated importers, it was considered appropriate, in accordance with Article 17 of the basic Regulation, to examine whether sampling should be used. In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, those parties were requested, pursuant to Article 17 of the basic Regulation, to make themselves known within 15 days of the initiation of the review and to provide the Commission with the information requested in the Notice of initiation. |
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(8)

In view of the apparent large number of exporting producers in the country concerned and unrelated importers, it was considered appropriate, in accordance with Article 17 of the basic Regulation, to examine whether sampling should be used. In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, those parties were requested, pursuant to Article 17 of the basic Regulation, to make themselves known within 15 days of the initiation of the review and to provide the Commission with the information requested in the Notice of initiation.

| (9) | Twelve known exporting producers in Chinawere contacted. As only one exporting producer from Chinacame forward with the requested information it was not necessary to select a sample of exporting producers. |
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(9)

Twelve known exporting producers in Chinawere contacted. As only one exporting producer from Chinacame forward with the requested information it was not necessary to select a sample of exporting producers.

| (10) | With regard to importers, some 10 unrelated importers of dicyandiamide in the Union were identified and invited to provide sampling information. Only two of them came forward and were willing to cooperate in the current review. Consequently, no sampling was necessary for unrelated importers. |
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(10)

With regard to importers, some 10 unrelated importers of dicyandiamide in the Union were identified and invited to provide sampling information. Only two of them came forward and were willing to cooperate in the current review. Consequently, no sampling was necessary for unrelated importers.

| (11) | The Commission sent questionnaires to all parties known to be concerned and to those who made themselves known within the deadlines set in the Notice of initiation. Replies were received from the Union producer, the cooperating exporting producer in China, two unrelated importers and one user in the Union. |
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(11)

The Commission sent questionnaires to all parties known to be concerned and to those who made themselves known within the deadlines set in the Notice of initiation. Replies were received from the Union producer, the cooperating exporting producer in China, two unrelated importers and one user in the Union.

| (12) | Additional representations were received from two unrelated importers/traders and three users in the Union. |
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(12)

Additional representations were received from two unrelated importers/traders and three users in the Union.

| (13) | The Commission sought and verified all the information it deemed necessary for a determination of the likelihood of a continuation of dumping and likelihood of recurrence of injury and of the Union interest. Verification visits were carried out at the premises of the following interested parties:






  (a) | Union producer:






  — | AlzChem AG, Trostberg, Germany |
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(13)

The Commission sought and verified all the information it deemed necessary for a determination of the likelihood of a continuation of dumping and likelihood of recurrence of injury and of the Union interest. Verification visits were carried out at the premises of the following interested parties:

(a)

Union producer:

Union producer

—

AlzChem AG, Trostberg, Germany

| (b) | Exporting producer in China:






  — | Ningxia Jiafeng Chemicals Co., Ltd Shizuishan, China |
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(b)

Exporting producer in China:

Exporting producer in China

—

Ningxia Jiafeng Chemicals Co., Ltd Shizuishan, China

| (c) | Unrelated importer in the Union:






  — | Helm AG, Hamburg, Germany |
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(c)

Unrelated importer in the Union:

Unrelated importer in the Union

—

Helm AG, Hamburg, Germany

| (d) | User in the Union:






  — | Merck Santé S.A.S., Lyon, France |
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(d)

User in the Union:

User in the Union

—

Merck Santé S.A.S., Lyon, France

2.   PRODUCT CONCERNED AND LIKE PRODUCT

PRODUCT CONCERNED AND LIKE PRODUCT

2.1.   Product concerned

Product concerned

| (14) | The product concerned by this review is the same as the one in the original investigation, i.e. 1-cyanoguanidine (dicyandiamide) (‘DCD’) originating in the People’s Republic of China (‘the product concerned’), currently falling within CN code 2926 20 00. It is produced from quick lime and carbon black, and appears after several production steps. It is a solid substance in the form of a fine, white, crystalline powder, usually odourless. |
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(14)

The product concerned by this review is the same as the one in the original investigation, i.e. 1-cyanoguanidine (dicyandiamide) (‘DCD’) originating in the People’s Republic of China (‘the product concerned’), currently falling within CN code 2926 20 00. It is produced from quick lime and carbon black, and appears after several production steps. It is a solid substance in the form of a fine, white, crystalline powder, usually odourless.

| (15) | DCD is usually used as an intermediate to produce a broad range of other chemical intermediates, such as pharmaceuticals, various industrial applications — water, pulp and paper, textile, leather — and diverse fields of epoxy applications. It is a key element of the nitrogen — carbon — nitrogen (NCN) chain, with niche end-products such as guanidine nitrate and other NCN derivatives. |
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(15)

DCD is usually used as an intermediate to produce a broad range of other chemical intermediates, such as pharmaceuticals, various industrial applications — water, pulp and paper, textile, leather — and diverse fields of epoxy applications. It is a key element of the nitrogen — carbon — nitrogen (NCN) chain, with niche end-products such as guanidine nitrate and other NCN derivatives.

| (16) | Most of the DCD sold on the Union market is standard. Only a limited amount is of a smaller particle size (the so-called micro DCD). The cooperating Chinese exporting producer provided data for the standard type only. |
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(16)

Most of the DCD sold on the Union market is standard. Only a limited amount is of a smaller particle size (the so-called micro DCD). The cooperating Chinese exporting producer provided data for the standard type only.

2.2.   Like product

Like product

| (17) | One user questioned whether Union DCD and Chinese DCD were unlike products on the basis that the standard type of DCD produced by the Union industry is, allegedly, of higher quality than that produced by the Chinese exporting producers. In particular, this user claimed that the water content of the Chinese DCD would be significantly higher and more volatile compared to the water content of the DCD produced in the Union. Moreover, Chinese DCD would also have a higher content of impurities. |
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(17)

One user questioned whether Union DCD and Chinese DCD were unlike products on the basis that the standard type of DCD produced by the Union industry is, allegedly, of higher quality than that produced by the Chinese exporting producers. In particular, this user claimed that the water content of the Chinese DCD would be significantly higher and more volatile compared to the water content of the DCD produced in the Union. Moreover, Chinese DCD would also have a higher content of impurities.

| (18) | As in the original investigation, the investigation showed, however, that while there may be certain quality differences, these cannot be quantified and moreover, they do not affect the basic chemical, physical and technical characteristics of DCD produced and sold by the Union industry in the Union and the product concerned, which were found to be the same and to have the same end-uses. |
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(18)

As in the original investigation, the investigation showed, however, that while there may be certain quality differences, these cannot be quantified and moreover, they do not affect the basic chemical, physical and technical characteristics of DCD produced and sold by the Union industry in the Union and the product concerned, which were found to be the same and to have the same end-uses.

| (19) | Another user argued that micro DCD should be excluded from the product scope of the anti-dumping measures due to the alleged differences in physical characteristics, end-uses and prices from standard DCD. |
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(19)

Another user argued that micro DCD should be excluded from the product scope of the anti-dumping measures due to the alleged differences in physical characteristics, end-uses and prices from standard DCD.

| (20) | The investigation showed, however, that both types share the basic chemical, physical and technical characteristics. The further processing of standard DCD to produce micro DCD involves a straightforward physical process (milling), but no chemical processing. In addition, even though the prices of micro DCD are higher than those of standard DCD, both types have the same basic end-uses and can normally be interchanged. |
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(20)

The investigation showed, however, that both types share the basic chemical, physical and technical characteristics. The further processing of standard DCD to produce micro DCD involves a straightforward physical process (milling), but no chemical processing. In addition, even though the prices of micro DCD are higher than those of standard DCD, both types have the same basic end-uses and can normally be interchanged.

| (21) | The investigation confirmed that, as in the original investigation, the product concerned and the products manufactured and sold on the domestic market in China, as well as those manufactured and sold in the Union by the Union producer, have the same basic physical and technical characteristics as well as the same uses and are, therefore, considered to be like products within the meaning of Article 1(4) of the basic Regulation. |
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(21)

The investigation confirmed that, as in the original investigation, the product concerned and the products manufactured and sold on the domestic market in China, as well as those manufactured and sold in the Union by the Union producer, have the same basic physical and technical characteristics as well as the same uses and are, therefore, considered to be like products within the meaning of Article 1(4) of the basic Regulation.

3.   LIKELIHOOD OF CONTINUATION OF DUMPING

LIKELIHOOD OF CONTINUATION OF DUMPING

3.1.   Preliminary remarks

Preliminary remarks

| (22) | In accordance with Article 11(2) of the basic Regulation, it was examined whether the expiry of the existing measures would be likely to lead to a continuation of dumping. |
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(22)

In accordance with Article 11(2) of the basic Regulation, it was examined whether the expiry of the existing measures would be likely to lead to a continuation of dumping.

| (23) | As mentioned in recital 9, due to the fact that only one company cooperated, it was not necessary to select a sample of exporting producers in China. This company covered more than 35 % of the imports of product concerned from China to the Union during the RIP. This company did not export during the IP of the original investigation and therefore did not cooperate in the original investigation. |
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(23)

As mentioned in recital 9, due to the fact that only one company cooperated, it was not necessary to select a sample of exporting producers in China. This company covered more than 35 % of the imports of product concerned from China to the Union during the RIP. This company did not export during the IP of the original investigation and therefore did not cooperate in the original investigation.

3.2.   Dumping of imports during the RIP

Dumping of imports during the RIP

3.2.1.   Analogue country

Analogue country

| (24) | In accordance with Article 2(7)(a) of the basic Regulation, normal value had to be determined on the basis of the prices or constructed value in an appropriate market economy third country (the ‘analogue country’), or the price from such a third country to other countries, including the Union, or, where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Union for the like product, duly adjusted if necessary to include a reasonable profit margin. |
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(24)

In accordance with Article 2(7)(a) of the basic Regulation, normal value had to be determined on the basis of the prices or constructed value in an appropriate market economy third country (the ‘analogue country’), or the price from such a third country to other countries, including the Union, or, where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Union for the like product, duly adjusted if necessary to include a reasonable profit margin.

| (25) | In the absence of production of the product concerned outside the Union and China, the Commission indicated in the Notice of initiation its intention to base the normal value on the prices actually paid or payable in the Union for the like product, as had also been done in the original investigation. |
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(25)

In the absence of production of the product concerned outside the Union and China, the Commission indicated in the Notice of initiation its intention to base the normal value on the prices actually paid or payable in the Union for the like product, as had also been done in the original investigation.

| (26) | The like product was sold by the Union industry in representative quantities. However, the Union industry’s domestic sales were loss-making, albeit close to break even. Therefore, the normal value was based on the Union industry’s manufacturing costs plus a reasonable amount for selling, general and administrative costs (SGA) and profit. SGA and profit were determined using the same method as in the original investigation. Pursuant to Article 11(9), adjustments were made on the Union industry’s manufacturing costs so as to offset the additional transport costs due to the physical separation between production units, no direct access to raw materials, which must be transported from remote production sites and disposal of the by-product (black lime). These adjustments were also made in the original investigation. |
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(26)

The like product was sold by the Union industry in representative quantities. However, the Union industry’s domestic sales were loss-making, albeit close to break even. Therefore, the normal value was based on the Union industry’s manufacturing costs plus a reasonable amount for selling, general and administrative costs (SGA) and profit. SGA and profit were determined using the same method as in the original investigation. Pursuant to Article 11(9), adjustments were made on the Union industry’s manufacturing costs so as to offset the additional transport costs due to the physical separation between production units, no direct access to raw materials, which must be transported from remote production sites and disposal of the by-product (black lime). These adjustments were also made in the original investigation.

3.2.2.   Export price

Export price

| (27) | All export sales of the cooperating exporting producer to the Union were made directly to independent customers established in the Union. In accordance with Article 2(8) of the basic Regulation the export price was established on the basis of the prices actually paid or payable. |
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(27)

All export sales of the cooperating exporting producer to the Union were made directly to independent customers established in the Union. In accordance with Article 2(8) of the basic Regulation the export price was established on the basis of the prices actually paid or payable.

3.2.3.   Comparison

Comparison

| (28) | The comparison between normal value and export price was made on an ex-works basis. |
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(28)

The comparison between normal value and export price was made on an ex-works basis.

| (29) | For the purpose of ensuring a fair comparison between the normal value and the export price of the cooperating exporting producer, and in accordance with Article 2(10) of the basic Regulation, due allowance in the form of adjustments was made with regard to differences in transport, insurance, taxes and credit costs which affected prices and price comparability. |
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(29)

For the purpose of ensuring a fair comparison between the normal value and the export price of the cooperating exporting producer, and in accordance with Article 2(10) of the basic Regulation, due allowance in the form of adjustments was made with regard to differences in transport, insurance, taxes and credit costs which affected prices and price comparability.

3.2.4.   Dumping margin

Dumping margin

| (30) | As provided for under Article 2(11) of the basic Regulation, the dumping margin was established on the basis of a comparison of the weighted average normal value with the weighted average export price. |
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(30)

As provided for under Article 2(11) of the basic Regulation, the dumping margin was established on the basis of a comparison of the weighted average normal value with the weighted average export price.

| (31) | For the cooperating exporting producer that comparison showed the existence of dumping although significantly lower than the level of dumping established in the original investigation. |
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(31)

For the cooperating exporting producer that comparison showed the existence of dumping although significantly lower than the level of dumping established in the original investigation.

3.3.   Development of imports should measures be repealed

Development of imports should measures be repealed

3.3.1.   Preliminary remark

Preliminary remark

| (32) | Further to the finding of the existence of dumping during the RIP, the likelihood of continuation of dumping should measures be repealed was investigated and the following elements were analysed: production capacity and spare capacity in China; volume and prices of dumped imports from China; the attractiveness of the Union market in relation to imports from China. |
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(32)

Further to the finding of the existence of dumping during the RIP, the likelihood of continuation of dumping should measures be repealed was investigated and the following elements were analysed: production capacity and spare capacity in China; volume and prices of dumped imports from China; the attractiveness of the Union market in relation to imports from China.

| (33) | In this regard, it should be noted that the cooperating exporting producer represented more than 30 % of the total production of Chinaduring the RIP. |
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(33)

In this regard, it should be noted that the cooperating exporting producer represented more than 30 % of the total production of Chinaduring the RIP.

3.3.2.   Production capacity and spare capacity of the Chinese producers

Production capacity and spare capacity of the Chinese producers

| (34) | Since little public information is available about the Chinese DCD industry, conclusions in relation to spare capacity relied mainly on the information contained in the request for review and on information obtained from the single cooperating producer, cross-checked where possible against publicly available information. |
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(34)

Since little public information is available about the Chinese DCD industry, conclusions in relation to spare capacity relied mainly on the information contained in the request for review and on information obtained from the single cooperating producer, cross-checked where possible against publicly available information.

| (35) | On this basis, it is assumed that total installed capacity in Chinaincreased between 2007 and 2012. Actual production during the RIP was however limited to 80 000 tonnes, indicating that some spare capacity may be available. The Chinese installed capacity during the RIP represents more than the global demand for DCD and spare capacity may represent more than the total Union consumption during the RIP while the domestic Chinese consumption during the RIP amounted only to 40 000 tonnes, i.e. half of actual Chinese production. |
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(35)

On this basis, it is assumed that total installed capacity in Chinaincreased between 2007 and 2012. Actual production during the RIP was however limited to 80 000 tonnes, indicating that some spare capacity may be available. The Chinese installed capacity during the RIP represents more than the global demand for DCD and spare capacity may represent more than the total Union consumption during the RIP while the domestic Chinese consumption during the RIP amounted only to 40 000 tonnes, i.e. half of actual Chinese production.

| (36) | In relation to spare capacity, the information gathered on spot during the investigation shows that the single cooperating producer, representing more than 20 % of the total installed capacity of Chinain 2012, has been granted approval to expand its capacity by 50 % in 2014. It is expected that this new capacity will, inter alia, further serve this producer’s own production processes (captive use of DCD) and the Chinese domestic market, which during the RIP absorbed around half of the DCD production of the single cooperating producer. Information obtained from the single cooperating producer showed that future investments in capacity will be used to supply, inter alia, the Chinese domestic market which is large and rapidly growing. |
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(36)

In relation to spare capacity, the information gathered on spot during the investigation shows that the single cooperating producer, representing more than 20 % of the total installed capacity of Chinain 2012, has been granted approval to expand its capacity by 50 % in 2014. It is expected that this new capacity will, inter alia, further serve this producer’s own production processes (captive use of DCD) and the Chinese domestic market, which during the RIP absorbed around half of the DCD production of the single cooperating producer. Information obtained from the single cooperating producer showed that future investments in capacity will be used to supply, inter alia, the Chinese domestic market which is large and rapidly growing.

| (37) | Chinais thus in a position to produce large quantities for export, in particular because there are no indications that the domestic market could absorb all the spare capacity. |
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(37)

Chinais thus in a position to produce large quantities for export, in particular because there are no indications that the domestic market could absorb all the spare capacity.

3.3.3.   Volume and prices of dumped imports from China

Volume and prices of dumped imports from China

| (38) | According to Eurostat and verified import data, the volume of imports from China sharply decreased when the measures were introduced in 2007 and started increasing again slightly between 2009 and the end of the RIP, but never reached the level of 2007. This is also reflected in the market share of the Chinese imports which dropped from 40-45 % in 2007 to 10-15 % in 2009 and reached again a level of 15-20 % at the end of the RIP, despite the increase in Chinese prices by 73 %. |
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(38)

According to Eurostat and verified import data, the volume of imports from China sharply decreased when the measures were introduced in 2007 and started increasing again slightly between 2009 and the end of the RIP, but never reached the level of 2007. This is also reflected in the market share of the Chinese imports which dropped from 40-45 % in 2007 to 10-15 % in 2009 and reached again a level of 15-20 % at the end of the RIP, despite the increase in Chinese prices by 73 %.

3.3.4.   Attractiveness of the Union market

Attractiveness of the Union market

| (39) | The Union market is a relatively large market accounting for around 18 % of the world consumption of DCD, but it is not necessarily the most attractive or the only attractive market in terms of sale segments and prices (see recital 74). Indeed, the information available suggests that Chinese producers anticipate a growing demand from the pharmaceutical industry, e.g. in India, that uses DCD for instance as an input for the production of a diabetes medicine (metformin). Therefore, this new demand will potentially be able to absorb a large part of Chinese spare capacity. Based on the above, it is considered that the Union market is not the only attractive market for Chinese exporters. |
| --- | --- |

(39)

The Union market is a relatively large market accounting for around 18 % of the world consumption of DCD, but it is not necessarily the most attractive or the only attractive market in terms of sale segments and prices (see recital 74). Indeed, the information available suggests that Chinese producers anticipate a growing demand from the pharmaceutical industry, e.g. in India, that uses DCD for instance as an input for the production of a diabetes medicine (metformin). Therefore, this new demand will potentially be able to absorb a large part of Chinese spare capacity. Based on the above, it is considered that the Union market is not the only attractive market for Chinese exporters.

3.3.5.   Conclusion of the likelihood of continuation of dumping

Conclusion of the likelihood of continuation of dumping

| (40) | The investigation has confirmed that Chinese imports continued to enter the Union market at dumped prices during the RIP. Given the continued dumping, the fact that the Union market is a large market which was quite attractive for the Chinese exporters in the past, as well as the spare capacities available in China, going beyond the total Union consumption, it can be concluded there is a likelihood of continuation of dumping should measures be removed. It should however be noted that the current level of dumping is significantly lower than that established in the original investigation. |
| --- | --- |

(40)

The investigation has confirmed that Chinese imports continued to enter the Union market at dumped prices during the RIP. Given the continued dumping, the fact that the Union market is a large market which was quite attractive for the Chinese exporters in the past, as well as the spare capacities available in China, going beyond the total Union consumption, it can be concluded there is a likelihood of continuation of dumping should measures be removed. It should however be noted that the current level of dumping is significantly lower than that established in the original investigation.

4.   SITUATION IN THE UNION MARKET

SITUATION IN THE UNION MARKET

4.1.   Preliminary remark

Preliminary remark

| (41) | As the analysis concerns only one company, for reasons of confidentiality most indicators are given in indexed form or ranges. |
| --- | --- |

(41)

As the analysis concerns only one company, for reasons of confidentiality most indicators are given in indexed form or ranges.

4.2.   Union industry

Union industry

| (42) | The production of the Union producer AlzChem AG represents 100 % of the DCD produced in the Union. It is therefore considered that AlzChem AG constitutes the Union industry within the meaning of Articles 4(1) and 5(4) of the basic Regulation. |
| --- | --- |

(42)

The production of the Union producer AlzChem AG represents 100 % of the DCD produced in the Union. It is therefore considered that AlzChem AG constitutes the Union industry within the meaning of Articles 4(1) and 5(4) of the basic Regulation.

4.3.   Consumption in the Union market

Consumption in the Union market

| (43) | Union consumption was established on the basis of the non-captive sales volumes of the Union industry on the Union market and import data from Eurostat, cross-checked with other statistical sources. Over the period considered it developed as follows:

  Table 1 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- |
| Union consumption (tonnes) | 11 042 | 13 712 | 14 338 | 14 146 |
| Index (2009 = 100) | 100 | 124 | 130 | 128 |

(43)

Union consumption was established on the basis of the non-captive sales volumes of the Union industry on the Union market and import data from Eurostat, cross-checked with other statistical sources. Over the period considered it developed as follows:

Table 1

Table 1

2009

2010

2011

RIP

Union consumption (tonnes)

11 042

13 712

14 338

14 146

Index (2009 = 100)

100

124

130

128

| (44) | Apart from the free market consumption presented above, it is noted that over the period considered the captive use of DCD by the Union industry ranged between 10 % and 20 % of the Union production and developed as follows:

  Table 2 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- |
| Captive use — Index (2009 = 100) | 100 | 123 | 124 | 127 |

(44)

Apart from the free market consumption presented above, it is noted that over the period considered the captive use of DCD by the Union industry ranged between 10 % and 20 % of the Union production and developed as follows:

Table 2

Table 2

2009

2010

2011

RIP

Captive use — Index (2009 = 100)

100

123

124

127

4.4.   Imports into the Union from China

Imports into the Union from China

| (45) | Bearing in mind that only one exporter cooperated with the investigation, it was found that the Eurostat data were the best information source for import volumes and prices. The Eurostat data refers to EU27 and was cross-checked to other sources such as Chinese exports statistics, Article 14(6) database and cooperating importer/user data. |
| --- | --- |

(45)

Bearing in mind that only one exporter cooperated with the investigation, it was found that the Eurostat data were the best information source for import volumes and prices. The Eurostat data refers to EU27 and was cross-checked to other sources such as Chinese exports statistics, Article 14(6) database and cooperating importer/user data.

| (46) | Deliveries of DCD from Chinawere imported under two customs regimes. Under the normal regime both the normal customs tariff and the anti-dumping duty were payable. Under the inward processing regime none of these duties were payable because the material was used in the production of downstream products that were exported outside the Union. As shown in the table below, the inward processing regime covered around two thirds of imports in the RIP. |
| --- | --- |

(46)

Deliveries of DCD from Chinawere imported under two customs regimes. Under the normal regime both the normal customs tariff and the anti-dumping duty were payable. Under the inward processing regime none of these duties were payable because the material was used in the production of downstream products that were exported outside the Union. As shown in the table below, the inward processing regime covered around two thirds of imports in the RIP.

4.4.1.   Volume and market share

Volume and market share

| (47) | Following the imposition of the anti-dumping measures in 2007, the volume of Chinese imports decreased significantly. Their overall market share was some 15 % to 20 % during the RIP. This notwithstanding, over the period considered the volume of imports under the normal customs regime originating in Chinafluctuated, whereas Chinese imports carried out under the inward processing relief more than doubled. Taking both regimes into account, import volumes increased over the period but they are well below the levels seen prior to the imposition of measures (over 6 000 tonnes).

  Table 3










  Imports from China | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- |
| Volume of imports – normal regime (tonnes) | 881 | 1 251 | 1 781 | 730 |
| Index (2009 = 100) | 100 | 142 | 202 | 83 |
| Market share | 5-10 % | 5-10 % | 10-15 % | 5-10 % |
| Average import price – normal regime (EUR/tonne) | 1 218 | 1 267 | 1 826 | 2 101 |
| Average import price – inward processing (EUR/tonne) | 1 677 | 1 463 | 1 674 | 2 069 |
| Volume of imports – inward processing (tonnes) | 676 | 984 | 654 | 1 467 |
| Index (2009 = 100) | 100 | 146 | 97 | 217 |
| Market share – all regimes | 10-15 % | 15-20 % | 15-20 % | 15-20 % |

(47)

Following the imposition of the anti-dumping measures in 2007, the volume of Chinese imports decreased significantly. Their overall market share was some 15 % to 20 % during the RIP. This notwithstanding, over the period considered the volume of imports under the normal customs regime originating in Chinafluctuated, whereas Chinese imports carried out under the inward processing relief more than doubled. Taking both regimes into account, import volumes increased over the period but they are well below the levels seen prior to the imposition of measures (over 6 000 tonnes).

Table 3

Table 3

Imports from China

2009

2010

2011

RIP

Volume of imports – normal regime (tonnes)

881

1 251

1 781

730

Index (2009 = 100)

100

142

202

83

Market share

5-10 %

5-10 %

10-15 %

5-10 %

Average import price – normal regime (EUR/tonne)

1 218

1 267

1 826

2 101

Average import price – inward processing (EUR/tonne)

1 677

1 463

1 674

2 069

Volume of imports – inward processing (tonnes)

676

984

654

1 467

Index (2009 = 100)

100

146

97

217

Market share – all regimes

10-15 %

15-20 %

15-20 %

15-20 %

4.4.2.   Price

Price

| (48) | As reflected in the table above, over the period considered the prices of Chinese imports increased substantially. |
| --- | --- |

(48)

As reflected in the table above, over the period considered the prices of Chinese imports increased substantially.

| (49) | The Union industry claimed that the price development cannot be explained by the development of prices of the main cost drivers, i.e. raw materials and energy costs. However, it did not provide any alternative explanation or conclusive evidence to support the claim. |
| --- | --- |

(49)

The Union industry claimed that the price development cannot be explained by the development of prices of the main cost drivers, i.e. raw materials and energy costs. However, it did not provide any alternative explanation or conclusive evidence to support the claim.

4.4.3.   Price undercutting

Price undercutting

| (50) | For the purpose of analysing price undercutting, the weighted average sales prices of the Union industry to unrelated customers on the Union market were compared to the corresponding weighted average CIF prices of imports from China (standard DCD only). The sales prices of the Union industry were adjusted in particular for delivery costs and commissions to an ex-works level. The CIF prices of the exports from Chinawere obtained from Eurostat and cross-checked with the Article 14(6) database and they excluded those imports which were subject to inward processing. These CIF prices were adjusted to cover costs related to customs clearance, namely customs tariff and post-importation costs. Undercutting in respect of imports which were subject to inward processing is analysed in recital 83. |
| --- | --- |

(50)

For the purpose of analysing price undercutting, the weighted average sales prices of the Union industry to unrelated customers on the Union market were compared to the corresponding weighted average CIF prices of imports from China (standard DCD only). The sales prices of the Union industry were adjusted in particular for delivery costs and commissions to an ex-works level. The CIF prices of the exports from Chinawere obtained from Eurostat and cross-checked with the Article 14(6) database and they excluded those imports which were subject to inward processing. These CIF prices were adjusted to cover costs related to customs clearance, namely customs tariff and post-importation costs. Undercutting in respect of imports which were subject to inward processing is analysed in recital 83.

| (51) | The comparison showed that during the RIP the imports of the product concerned did not undercut the Union industry’s prices. |
| --- | --- |

(51)

The comparison showed that during the RIP the imports of the product concerned did not undercut the Union industry’s prices.

4.5.   Imports into the Union from other third countries

Imports into the Union from other third countries

| (52) | There were no major imports from other third countries. |
| --- | --- |

(52)

There were no major imports from other third countries.

| (53) | Over the period considered the volume of imports from the USAnever held a market share of more than 2 %. The investigation revealed that in fact these imports were of standard DCD which had originally been produced in China and then micronised in the USA.

  Table 4










  Imports from the USA | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- |
| Volume of imports (tonnes) | 192 | 237 | 282 | 255 |
| Index (2009 = 100) | 100 | 123 | 147 | 133 |
| Market share | 0-2 % | 0-2 % | 0-2 % | 0-2 % |

(53)

Over the period considered the volume of imports from the USAnever held a market share of more than 2 %. The investigation revealed that in fact these imports were of standard DCD which had originally been produced in China and then micronised in the USA.

Table 4

Table 4

Imports from the USA

2009

2010

2011

RIP

Volume of imports (tonnes)

192

237

282

255

Index (2009 = 100)

100

123

147

133

Market share

0-2 %

0-2 %

0-2 %

0-2 %

4.6.   Economic situation of the Union industry

Economic situation of the Union industry

| (54) | Pursuant to Article 3(5) of the basic Regulation, the examination of the impact of the dumped imports on the Union industry included an evaluation of all economic factors and indices having a bearing on the state of the Union industry during the period considered. |
| --- | --- |

(54)

Pursuant to Article 3(5) of the basic Regulation, the examination of the impact of the dumped imports on the Union industry included an evaluation of all economic factors and indices having a bearing on the state of the Union industry during the period considered.

4.6.1.   Production, production capacity and capacity utilisation

Production, production capacity and capacity utilisation

| (55) | The Union industry operated an integrated production chain incorporating not only DCD but upstream and downstream products. Since 2009 the Union production capacity of DCD did not change. Over the period considered, the Union producer increased production largely because of increased demand on the Union market as demonstrated at Table 1 above. Since 2010 the Union producer has operated rather at full capacity. This was less the case in 2009 when production and sales were affected by the financial crisis.

  Table 5 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- |
| Production — Index (2009 = 100) | 100 | 115 | 113 | 109 |
| Production capacity — Index (2009 = 100) | 100 | 100 | 100 | 100 |
| Capacity utilisation | 86,9  % | 100,2  % | 98,2  % | 95,2  % |

(55)

The Union industry operated an integrated production chain incorporating not only DCD but upstream and downstream products. Since 2009 the Union production capacity of DCD did not change. Over the period considered, the Union producer increased production largely because of increased demand on the Union market as demonstrated at Table 1 above. Since 2010 the Union producer has operated rather at full capacity. This was less the case in 2009 when production and sales were affected by the financial crisis.

Table 5

Table 5

2009

2010

2011

RIP

Production — Index (2009 = 100)

100

115

113

109

Production capacity — Index (2009 = 100)

100

100

100

100

Capacity utilisation

86,9  %

100,2  %

98,2  %

95,2  %

4.6.2.   Stocks

Stocks

| (56) | The Union producer maintained a small stock throughout the period considered and this was not considered to be an important factor in the assessment of the situation of the Union industry.

  Table 6 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- |
| Stocks — Index (2009 = 100) | 100 | 73 | 88 | 49 |

(56)

The Union producer maintained a small stock throughout the period considered and this was not considered to be an important factor in the assessment of the situation of the Union industry.

Table 6

Table 6

2009

2010

2011

RIP

Stocks — Index (2009 = 100)

100

73

88

49

4.6.3.   Sales volume, market shares and average unit prices in the Union

Sales volume, market shares and average unit prices in the Union

| (57) | The sales by the Union industry on the Union market to unrelated customers increased by 26 % during the period considered, whereas its sales prices went up by 7 %. |
| --- | --- |

(57)

The sales by the Union industry on the Union market to unrelated customers increased by 26 % during the period considered, whereas its sales prices went up by 7 %.

| (58) | The Union industry managed to increase its EU sales due to the increase in consumption shown above in Table 1. The Union industry maintained a very large share of the Union market.

  Table 7 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- |
| Sales volume — Index (2009 = 100) | 100 | 121 | 125 | 126 |
| Market share | 80-85 % | 80-85 % | 80-85 % | 80-85 % |
| Sales price — Index (2009 = 100) | 100 | 95 | 98 | 107 |

(58)

The Union industry managed to increase its EU sales due to the increase in consumption shown above in Table 1. The Union industry maintained a very large share of the Union market.

Table 7

Table 7

2009

2010

2011

RIP

Sales volume — Index (2009 = 100)

100

121

125

126

Market share

80-85 %

80-85 %

80-85 %

80-85 %

Sales price — Index (2009 = 100)

100

95

98

107

4.6.4.   Profitability and cash flow

Profitability and cash flow

| (59) | During the period considered the profitability of the Union industry improved significantly as it could increase its sales volume and its sales price on the Union market to unrelated customers. The strong improvement in profitability is even more pronounced if compared with the industry’s heavy loss making situation in the original IP (– 20 % to – 30 %).

  Table 8 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- |
| Profitability | – 10 % to 0 % | – 10 % to 0 % | – 10 % to 0 % | – 5 % to 0 % |

(59)

During the period considered the profitability of the Union industry improved significantly as it could increase its sales volume and its sales price on the Union market to unrelated customers. The strong improvement in profitability is even more pronounced if compared with the industry’s heavy loss making situation in the original IP (– 20 % to – 30 %).

Table 8

Table 8

2009

2010

2011

RIP

Profitability

– 10 % to 0 %

– 10 % to 0 %

– 10 % to 0 %

– 5 % to 0 %

| (60) | The profitability of the captive transactions was comparatively good. |
| --- | --- |

(60)

The profitability of the captive transactions was comparatively good.

| (61) | During the period considered the cash flow was always negative with the exception of the RIP, in line with the development of the overall profitability.

  Table 9 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- |
| Cash flow — Index (2009 = 100) | – 100 | –84 | – 229 | 174 |

(61)

During the period considered the cash flow was always negative with the exception of the RIP, in line with the development of the overall profitability.

Table 9

Table 9

2009

2010

2011

RIP

Cash flow — Index (2009 = 100)

– 100

–84

– 229

174

4.6.5.   Investment, return on investments and ability to raise capital

Investment, return on investments and ability to raise capital

| (62) | During the period considered the Union industry made investments for the maintenance of and optimisation of the existing production machinery. In 2009 it made a significant new investment linked to micro DCD.

  Table 10 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- |
| Investments — Index (2009 = 100) | 100 | 50 | 65 | 37 |

(62)

During the period considered the Union industry made investments for the maintenance of and optimisation of the existing production machinery. In 2009 it made a significant new investment linked to micro DCD.

Table 10

Table 10

2009

2010

2011

RIP

Investments — Index (2009 = 100)

100

50

65

37

| (63) | The return on investments during the period considered remained negative, in line with the above-mentioned profitability.

  Table 11 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- |
| Return on investments — Index (2009 = 100) | – 100 | –63 | –62 | –10 |

(63)

The return on investments during the period considered remained negative, in line with the above-mentioned profitability.

Table 11

Table 11

2009

2010

2011

RIP

Return on investments — Index (2009 = 100)

– 100

–63

–62

–10

| (64) | The Union industry did not claim to have encountered any difficulty to raise capital during the period considered. |
| --- | --- |

(64)

The Union industry did not claim to have encountered any difficulty to raise capital during the period considered.

4.6.6.   Employment, productivity, growth and wages

Employment, productivity, growth and wages

| (65) | The investments made during the period considered contributed to increase the number of qualified employees. The average wage levels increased by 15 % over the period considered. |
| --- | --- |

(65)

The investments made during the period considered contributed to increase the number of qualified employees. The average wage levels increased by 15 % over the period considered.

| (66) | The increase in employment and productivity reflect the increased production in 2010.

  Table 12 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- |
| Number of employees — Index (2009 = 100) | 100 | 107 | 104 | 105 |
| Productivity (tons per employee) — Index (2009 = 100) | 100 | 108 | 108 | 105 |
| Labour costs per employee — Index (2009 = 100) | 100 | 112 | 113 | 115 |

(66)

The increase in employment and productivity reflect the increased production in 2010.

Table 12

Table 12

2009

2010

2011

RIP

Number of employees — Index (2009 = 100)

100

107

104

105

Productivity (tons per employee) — Index (2009 = 100)

100

108

108

105

Labour costs per employee — Index (2009 = 100)

100

112

113

115

4.6.7.   Magnitude of dumping and recovery from past dumping

Magnitude of dumping and recovery from past dumping

| (67) | Dumping continued during the RIP, as explained under the point 3.2 above. |
| --- | --- |

(67)

Dumping continued during the RIP, as explained under the point 3.2 above.

| (68) | The impact of the magnitude of the actual dumping margin on the Union industry, given the volume of the dumped imports from China, cannot be regarded as very great. As compared to the original investigation, the situation of the Union industry improved significantly — it was well on track to recovery from past dumping, in particular in terms of profitability, sales and market share. |
| --- | --- |

(68)

The impact of the magnitude of the actual dumping margin on the Union industry, given the volume of the dumped imports from China, cannot be regarded as very great. As compared to the original investigation, the situation of the Union industry improved significantly — it was well on track to recovery from past dumping, in particular in terms of profitability, sales and market share.

4.6.8.   Conclusion

Conclusion

| (69) | Even if some positive developments referred to above are relatively recent, it is considered that the situation of the Union industry improved significantly in the period considered. All the financial indicators were positive or close to positive by the end of the RIP. |
| --- | --- |

(69)

Even if some positive developments referred to above are relatively recent, it is considered that the situation of the Union industry improved significantly in the period considered. All the financial indicators were positive or close to positive by the end of the RIP.

| (70) | The imposition of the anti-dumping measures in 2007 allowed the Union industry to steadily recover from the injurious effects of the dumping, further exploiting its potential onto the Union market and non-EU countries. The fact that the Union industry benefited from the measures is mostly illustrated by its high production levels, capacity utilisation and increased EU sales prices and profitability. During the RIP, no material injury resulting from Chinese imports was taking place anymore. |
| --- | --- |

(70)

The imposition of the anti-dumping measures in 2007 allowed the Union industry to steadily recover from the injurious effects of the dumping, further exploiting its potential onto the Union market and non-EU countries. The fact that the Union industry benefited from the measures is mostly illustrated by its high production levels, capacity utilisation and increased EU sales prices and profitability. During the RIP, no material injury resulting from Chinese imports was taking place anymore.

| (71) | Following disclosure, the applicant argued that the fact that in the framework of the original investigation certain injury indicators showed a positive trend did not prevent the Commission from confirming the existence of material injury at the time. This claim must be rejected. Regulation (EC) No 1331/2007 was a response to different circumstances with, in particular, a less profitable Union industry. Moreover, an expiry review completely differs from an investigation under Article 5 of the basic Regulation. Whereas the latter focuses on whether the dumping causes injury to the domestic industry, the former is a forward-looking exercise analysing what is likely to occur should the measures lapse. |
| --- | --- |

(71)

Following disclosure, the applicant argued that the fact that in the framework of the original investigation certain injury indicators showed a positive trend did not prevent the Commission from confirming the existence of material injury at the time. This claim must be rejected. Regulation (EC) No 1331/2007 was a response to different circumstances with, in particular, a less profitable Union industry. Moreover, an expiry review completely differs from an investigation under Article 5 of the basic Regulation. Whereas the latter focuses on whether the dumping causes injury to the domestic industry, the former is a forward-looking exercise analysing what is likely to occur should the measures lapse.

5.   LIKELIHOOD OF RECURRENCE OF INJURY

LIKELIHOOD OF RECURRENCE OF INJURY

| (72) | As demonstrated above, the Union industry did not suffer material injury during the RIP. In accordance with Article 11(2) of the basic Regulation, it was therefore examined whether the expiry of the measures in force would be likely to result in a recurrence of injury. |
| --- | --- |

(72)

As demonstrated above, the Union industry did not suffer material injury during the RIP. In accordance with Article 11(2) of the basic Regulation, it was therefore examined whether the expiry of the measures in force would be likely to result in a recurrence of injury.

5.1.   Impact of the spare capacity in China

Impact of the spare capacity in China

| (73) | The investigation has revealed that there are large production capacities in China (see recitals 34 to 37). However, there are no reasonable grounds to conclude that the spare capacities in question are likely to lead to significant imports into the Union. |
| --- | --- |

(73)

The investigation has revealed that there are large production capacities in China (see recitals 34 to 37). However, there are no reasonable grounds to conclude that the spare capacities in question are likely to lead to significant imports into the Union.

| (74) | The Union is one of many markets where the Chinese exporting producers sell. In terms of prices, data from the Union industry, the cooperating Chinese exporting producer and from the Chinese export statistics confirm that several non-EU markets are at least as attractive as that of the Union. |
| --- | --- |

(74)

The Union is one of many markets where the Chinese exporting producers sell. In terms of prices, data from the Union industry, the cooperating Chinese exporting producer and from the Chinese export statistics confirm that several non-EU markets are at least as attractive as that of the Union.

| (75) | As concerns the Union industry export sales, these were often made at higher prices than sales within the Union. Subsequent to disclosure, the applicant argued that its higher export prices had nothing to do with the relative attractiveness of such markets but should rather be explained by the fact that these sales concerned small volume sales only. This argument should be rejected as the EU industry’s overall sales volumes to export markets were still significant in the RIP (between 20 % and 30 % of the Union industry’s production). It was also not substantiated that sales transactions to customers were in significantly lower volumes. |
| --- | --- |

(75)

As concerns the Union industry export sales, these were often made at higher prices than sales within the Union. Subsequent to disclosure, the applicant argued that its higher export prices had nothing to do with the relative attractiveness of such markets but should rather be explained by the fact that these sales concerned small volume sales only. This argument should be rejected as the EU industry’s overall sales volumes to export markets were still significant in the RIP (between 20 % and 30 % of the Union industry’s production). It was also not substantiated that sales transactions to customers were in significantly lower volumes.

| (76) | Nor do statistical data on Chinese export prices of DCD to the different markets point at a distinguishing attractiveness of the EU market as compared to other export markets. Substantial spare capacity existed already during the RIP but did not translate into an injurious pricing behaviour by the Chinese exporters. The fact that spare capacity will further increase is not in this case an indication of a likelihood of recurring injury. Indiais, by far, the world’s biggest market of DCD. Chinese export statistics show that Chinese sales volumes to the EU represented only around 10 % of the sales volumes made to India and that Chinese average EU sale prices per tonne were rather equivalent to Chinese sales prices to India. In other words, the prevailing market prices in the important Indian market (which have increased over the period considered by 65 % on average) are equally attractive to the DCD producers. There is no indication that spare capacities in China will translate into huge imports into the Union. For the time being it can be expected that at least part of such spare capacities will not be used in the near future. This conclusion is based on the past developments since data submitted by the applicant suggest that whereas between 2008 and the RIP Chinaincreased its capacity by some 50 %, it increased its overall production by only some 20 %. Projections made by the applicant up to 2016 indicate that Chinese capacities will be well in excess of global demand and, therefore, will remain idle for the time being. The country-wide excess capacity would be less if projections are made on the basis of sales data from the cooperating Chinese exporting producer. In any case, the fact that, unlike the EU production, (see recital 55 above) Chinese DCD production is not part of a fully integrated production chain, means that it is less costly to leave capacities unused. |
| --- | --- |

(76)

Nor do statistical data on Chinese export prices of DCD to the different markets point at a distinguishing attractiveness of the EU market as compared to other export markets. Substantial spare capacity existed already during the RIP but did not translate into an injurious pricing behaviour by the Chinese exporters. The fact that spare capacity will further increase is not in this case an indication of a likelihood of recurring injury. Indiais, by far, the world’s biggest market of DCD. Chinese export statistics show that Chinese sales volumes to the EU represented only around 10 % of the sales volumes made to India and that Chinese average EU sale prices per tonne were rather equivalent to Chinese sales prices to India. In other words, the prevailing market prices in the important Indian market (which have increased over the period considered by 65 % on average) are equally attractive to the DCD producers. There is no indication that spare capacities in China will translate into huge imports into the Union. For the time being it can be expected that at least part of such spare capacities will not be used in the near future. This conclusion is based on the past developments since data submitted by the applicant suggest that whereas between 2008 and the RIP Chinaincreased its capacity by some 50 %, it increased its overall production by only some 20 %. Projections made by the applicant up to 2016 indicate that Chinese capacities will be well in excess of global demand and, therefore, will remain idle for the time being. The country-wide excess capacity would be less if projections are made on the basis of sales data from the cooperating Chinese exporting producer. In any case, the fact that, unlike the EU production, (see recital 55 above) Chinese DCD production is not part of a fully integrated production chain, means that it is less costly to leave capacities unused.

| (77) | Moreover, certain growing demand in particular for the pharmaceutical industry in countries such as India (see recital 39) will probably be able to absorb a further part of Chinese overcapacity. Furthermore, the investigation concluded that AlzChem’s DCD products were considered more attractive to EU users due, inter alia, to geographical location and reliability of supply. This gives a certain advantage over Chinese producers in respect of key users in the EU which purchase significant amounts of DCD. Therefore, in view of this context, the large production capacities in Chinaare not as such a reason to conclude that there is a likelihood of recurrence of injury. The mere fact that the Union industry has lost share in terms of global production capacity cannot overturn this conclusion. |
| --- | --- |

(77)

Moreover, certain growing demand in particular for the pharmaceutical industry in countries such as India (see recital 39) will probably be able to absorb a further part of Chinese overcapacity. Furthermore, the investigation concluded that AlzChem’s DCD products were considered more attractive to EU users due, inter alia, to geographical location and reliability of supply. This gives a certain advantage over Chinese producers in respect of key users in the EU which purchase significant amounts of DCD. Therefore, in view of this context, the large production capacities in Chinaare not as such a reason to conclude that there is a likelihood of recurrence of injury. The mere fact that the Union industry has lost share in terms of global production capacity cannot overturn this conclusion.

5.2.   Impact of the projected market growth

Impact of the projected market growth

| (78) | Several parties mentioned the expected significant growth of the DCD market worldwide, mainly driven by well-established applications in the pharmaceutical and agricultural industry. This is because of the increase in production of anti-diabetes medicine predominantly in India. This growth is already announced by the increase in EU consumption in Table 1 above. |
| --- | --- |

(78)

Several parties mentioned the expected significant growth of the DCD market worldwide, mainly driven by well-established applications in the pharmaceutical and agricultural industry. This is because of the increase in production of anti-diabetes medicine predominantly in India. This growth is already announced by the increase in EU consumption in Table 1 above.

| (79) | In respect of the EU market, further growth is also expected but to a more limited degree. This is because a large pharmaceutical producer selling worldwide is located in the Union. |
| --- | --- |

(79)

In respect of the EU market, further growth is also expected but to a more limited degree. This is because a large pharmaceutical producer selling worldwide is located in the Union.

| (80) | Following disclosure, the applicant contested the extent of the growth. However, it is noted that its representations are contradictory in this respect and that several sources point at solid EU demand and a significant worldwide growth. Sales data from the cooperating Chinese exporting producer point at a rapidly increasing consumption in the Chinese domestic market. Therefore, nothing on file could substantiate the claim by the applicant, that demand is or will be flat. |
| --- | --- |

(80)

Following disclosure, the applicant contested the extent of the growth. However, it is noted that its representations are contradictory in this respect and that several sources point at solid EU demand and a significant worldwide growth. Sales data from the cooperating Chinese exporting producer point at a rapidly increasing consumption in the Chinese domestic market. Therefore, nothing on file could substantiate the claim by the applicant, that demand is or will be flat.

| (81) | Subsequent to disclosure, the applicant also emphasised that it had lost sales volumes and market share on non-EU markets. In this respect, it should be noted that the EU industry has worked at almost full capacity with negligible stocks, while the EU consumption of DCD continued growing. Therefore, it is rather because of the fact that the EU industry had decided to focus more on the EU market without substantially increasing its production capacity that it could not take full advantage of the growth in the other markets. This situation could change, however, if its expansion plans materialise. It is therefore expected that even if import volumes of Chinese DCD into the Union increase in the near future, this would not automatically result in a recurrence of injury. The Union industry will, like Chinese producers, benefit from an increase in worldwide demand. |
| --- | --- |

(81)

Subsequent to disclosure, the applicant also emphasised that it had lost sales volumes and market share on non-EU markets. In this respect, it should be noted that the EU industry has worked at almost full capacity with negligible stocks, while the EU consumption of DCD continued growing. Therefore, it is rather because of the fact that the EU industry had decided to focus more on the EU market without substantially increasing its production capacity that it could not take full advantage of the growth in the other markets. This situation could change, however, if its expansion plans materialise. It is therefore expected that even if import volumes of Chinese DCD into the Union increase in the near future, this would not automatically result in a recurrence of injury. The Union industry will, like Chinese producers, benefit from an increase in worldwide demand.

| (82) | In this respect, as mentioned above, the Union producer is very well rated in the market and appears to be the preferred supplier to several key customers, at least for certain DCD applications. The quality and reliability of its DCD products in the Union means that it is able to secure large contracts with key EU customers and this situation is expected to continue regardless of whether the measures are repealed or not. Post disclosure, a significant EU user stated that it would continue to source the product covered by the proceeding from the Union industry even if the anti-dumping measures were repealed. |
| --- | --- |

(82)

In this respect, as mentioned above, the Union producer is very well rated in the market and appears to be the preferred supplier to several key customers, at least for certain DCD applications. The quality and reliability of its DCD products in the Union means that it is able to secure large contracts with key EU customers and this situation is expected to continue regardless of whether the measures are repealed or not. Post disclosure, a significant EU user stated that it would continue to source the product covered by the proceeding from the Union industry even if the anti-dumping measures were repealed.

5.3.   Other considerations

Other considerations

| (83) | As explained in recitals 50 to 51, the Chinese import prices did not undercut the prices of the Union industry during the RIP. Undercutting was not present in respect of the normal regime (around one third of import volumes). A very low level of undercutting existed when the inward processing regime was also taken into account (the other two thirds of imports during the RIP). This situation differed from the substantial undercutting found in the original investigation and resulted from an overall gradual increase in import prices since measures were imposed, although this increase did not occur steadily. In fact, the CIF EU border price of Chinese imports rose by 73 % during the period 2009 up to the end of the RIP. |
| --- | --- |

(83)

As explained in recitals 50 to 51, the Chinese import prices did not undercut the prices of the Union industry during the RIP. Undercutting was not present in respect of the normal regime (around one third of import volumes). A very low level of undercutting existed when the inward processing regime was also taken into account (the other two thirds of imports during the RIP). This situation differed from the substantial undercutting found in the original investigation and resulted from an overall gradual increase in import prices since measures were imposed, although this increase did not occur steadily. In fact, the CIF EU border price of Chinese imports rose by 73 % during the period 2009 up to the end of the RIP.

| (84) | The EU industry has shown that it remains competitive even in the absence of measures given its substantial exports (between 20 % and 30 % of production during the RIP) to non-EU countries where no measures are in force and where it has faced the Chinese competition without the support of anti-dumping measures. The decreasing export volume depicted below has to be seen in conjunction with the increasing sales volume into the Union and unchanged production capacity of the Union industry which has in principle been fully utilised.

  Table 13 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- |
| Export volume — Index (2009 = 100) | 100 | 105 | 80 | 77 |
| Export price (unrelated) — Index (2009 = 100) | 100 | 100 | 109 | 125 |

(84)

The EU industry has shown that it remains competitive even in the absence of measures given its substantial exports (between 20 % and 30 % of production during the RIP) to non-EU countries where no measures are in force and where it has faced the Chinese competition without the support of anti-dumping measures. The decreasing export volume depicted below has to be seen in conjunction with the increasing sales volume into the Union and unchanged production capacity of the Union industry which has in principle been fully utilised.

Table 13

Table 13

2009

2010

2011

RIP

Export volume — Index (2009 = 100)

100

105

80

77

Export price (unrelated) — Index (2009 = 100)

100

100

109

125

| (85) | Prices of Chinese imports during the eight months following the RIP were also analysed in view of a submission made by the Union industry. The Union industry had submitted that severe price pressure caused by Chinese imports had recommenced shortly after the RIP. Based on Article 6(1) of the basic Regulation in conjunction with Article 11(5) thereof, information relating to a period subsequent to the RIP is normally not to be taken into account. However, even if this information were to be taken into account, at this stage no conclusions could be drawn from it as it is not clear whether these changed prices, if confirmed, are of a lasting nature. For instance although prices fell from the end of the RIP to May 2013 in June 2013 they rose again by 10 %. Given that these post RIP prices were still considerably higher than those observed in the original investigation, the prospects that in the nearer future they can significantly undermine the current situation of the Union industry, which is not suffering from material injury, do not reach the likelihood threshold. |
| --- | --- |

(85)

Prices of Chinese imports during the eight months following the RIP were also analysed in view of a submission made by the Union industry. The Union industry had submitted that severe price pressure caused by Chinese imports had recommenced shortly after the RIP. Based on Article 6(1) of the basic Regulation in conjunction with Article 11(5) thereof, information relating to a period subsequent to the RIP is normally not to be taken into account. However, even if this information were to be taken into account, at this stage no conclusions could be drawn from it as it is not clear whether these changed prices, if confirmed, are of a lasting nature. For instance although prices fell from the end of the RIP to May 2013 in June 2013 they rose again by 10 %. Given that these post RIP prices were still considerably higher than those observed in the original investigation, the prospects that in the nearer future they can significantly undermine the current situation of the Union industry, which is not suffering from material injury, do not reach the likelihood threshold.

| (86) | Finally, there is no indication that a repeal of the measures would have an impact on market prices in the short- to medium term. It should be noted that a large share of the DCD sold in the Union is subject to contracts running for several years and for the user industry a reliable and steady supply from a trusted producer seems to be of high importance. Moreover, two thirds of imports during the RIP were made under the inward processing regime whereby no import or anti-dumping duties are payable. In summary, while it cannot be ruled out that some contracts will be renegotiated and landed import prices may decrease, it is not likely that this will occur to injurious levels if duties are repealed. |
| --- | --- |

(86)

Finally, there is no indication that a repeal of the measures would have an impact on market prices in the short- to medium term. It should be noted that a large share of the DCD sold in the Union is subject to contracts running for several years and for the user industry a reliable and steady supply from a trusted producer seems to be of high importance. Moreover, two thirds of imports during the RIP were made under the inward processing regime whereby no import or anti-dumping duties are payable. In summary, while it cannot be ruled out that some contracts will be renegotiated and landed import prices may decrease, it is not likely that this will occur to injurious levels if duties are repealed.

5.4.   Conclusion on likelihood a recurrence of injury

Conclusion on likelihood a recurrence of injury

| (87) | In view of the foregoing, it is not likely that the Union industry, if measures were repealed, would have to decrease its sales and production volumes and/or prices of DCD to an extent such that its profitability and overall position would be materially affected. |
| --- | --- |

(87)

In view of the foregoing, it is not likely that the Union industry, if measures were repealed, would have to decrease its sales and production volumes and/or prices of DCD to an extent such that its profitability and overall position would be materially affected.

| (88) | On the contrary, in view of the worldwide growth in consumption, the Chinese import volumes and prices during the RIP and the prices on other markets, it is expected that, in the absence of measures, the Union industry’s DCD sales will continue to remain strong and also to contribute positively to its DCD-chain and NCN-chain of activities. |
| --- | --- |

(88)

On the contrary, in view of the worldwide growth in consumption, the Chinese import volumes and prices during the RIP and the prices on other markets, it is expected that, in the absence of measures, the Union industry’s DCD sales will continue to remain strong and also to contribute positively to its DCD-chain and NCN-chain of activities.

| (89) | The Union industry is expected to remain at full capacity whether the measures are repealed or not. Moreover, the Union industry completed the preliminary work for an expansion programme this year. In autumn 2013 it agreed in principle to substantially increase its DCD production capacity. The market, including important EU-based customers, welcomed this expansion plan. The expansion plan suggests that the Union industry believes worldwide demand to be strong and that AlzChem should be benefitting from this growth. |
| --- | --- |

(89)

The Union industry is expected to remain at full capacity whether the measures are repealed or not. Moreover, the Union industry completed the preliminary work for an expansion programme this year. In autumn 2013 it agreed in principle to substantially increase its DCD production capacity. The market, including important EU-based customers, welcomed this expansion plan. The expansion plan suggests that the Union industry believes worldwide demand to be strong and that AlzChem should be benefitting from this growth.

| (90) | Even if the Union industry is subject to some price pressure from Chinese imports in the near future, the effects in terms of prices and profitability are not expected to be major given that the Union industry has a large market share, advantages in terms of quality and reliability of supply and the capability of securing large contracts. The effects would therefore not meet a ‘likelihood of injury’ threshold within the meaning of Article 11(2) of the basic Regulation. |
| --- | --- |

(90)

Even if the Union industry is subject to some price pressure from Chinese imports in the near future, the effects in terms of prices and profitability are not expected to be major given that the Union industry has a large market share, advantages in terms of quality and reliability of supply and the capability of securing large contracts. The effects would therefore not meet a ‘likelihood of injury’ threshold within the meaning of Article 11(2) of the basic Regulation.

| (91) | The Commission concludes that there is no likelihood of recurrence of injury to the Union industry were the existing measures to be repealed. |
| --- | --- |

(91)

The Commission concludes that there is no likelihood of recurrence of injury to the Union industry were the existing measures to be repealed.

6.   UNION INTEREST

UNION INTEREST

| (92) | As it has been concluded that there is no likelihood of recurrence of injury, no findings on Union interest are necessary. |
| --- | --- |

(92)

As it has been concluded that there is no likelihood of recurrence of injury, no findings on Union interest are necessary.

7.   REPEAL OF ANTI-DUMPING MEASURES

REPEAL OF ANTI-DUMPING MEASURES

| (93) | All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be repealed. They were also granted a period to submit comments subsequent to that disclosure. The submissions and comments were, where warranted, duly taken into consideration, but none could alter the conclusions set out above. |
| --- | --- |

(93)

All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be repealed. They were also granted a period to submit comments subsequent to that disclosure. The submissions and comments were, where warranted, duly taken into consideration, but none could alter the conclusions set out above.

| (94) | It follows from the above that, as provided for by Article 11(2) of the basic Regulation, the anti-dumping measures applicable to imports of DCD originating in China should be repealed and the proceeding terminated. |
| --- | --- |

(94)

It follows from the above that, as provided for by Article 11(2) of the basic Regulation, the anti-dumping measures applicable to imports of DCD originating in China should be repealed and the proceeding terminated.

| (95) | Given certain circumstances described above, namely the existence of spare capacity in Chinaand the possible existence of undercutting post RIP, the Commission will monitor the imports of the product concerned with a view to facilitating swift appropriate action should the situation so require. The monitoring will be limited to a period of two years after the publication of this Regulation, |
| --- | --- |

(95)

Given certain circumstances described above, namely the existence of spare capacity in Chinaand the possible existence of undercutting post RIP, the Commission will monitor the imports of the product concerned with a view to facilitating swift appropriate action should the situation so require. The monitoring will be limited to a period of two years after the publication of this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The anti-dumping duty on imports of 1-cyanoguanidine (dicyandiamide), currently falling within CN code 2926 20 00 and originating in the People’s Republic of Chinais hereby repealed and the proceeding concerning these imports is terminated.

Article 2

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, 11 February 2014.

For the Council

The President

E. VENIZELOS

---

(1)  
  OJ L 343, 22.12.2009, p. 51.

1

(2)  
  OJ L 296, 15.11.2007, p. 1.

2

(3)  
  OJ C 116, 20.4.2012, p. 3.

3

(4)  
  OJ C 349, 15.11.2012, p. 10.

4

---

| 13.2.2014 | EN | Official Journal of the European Union | L 43/12 |
| --- | --- | --- | --- |

13.2.2014

EN

Official Journal of the European Union

L 43/12

---

COMMISSION REGULATION (EU) No 136/2014

of 11 February 2014

amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and Commission Regulation (EU) No 582/2011 as regards emissions from heavy duty vehicles (Euro VI)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (1), and in particular Article 39(2) thereof.

Having regard to Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 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 (2), and in particular Article 5(3) thereof.

Having regard to Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC, and in particular Article 5(4) thereof,

Whereas:

| (1) | Regulation (EC) No 715/2007 and Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (3) establish common technical requirements for the type-approval of motor vehicles and replacement parts with regard to their emissions and lay down rules for in-service conformity, durability of pollution control devices, on-board diagnostic (OBD) systems, measurement of fuel consumption and accessibility of vehicle repair and maintenance information. |
| --- | --- |

(1)

Regulation (EC) No 715/2007 and Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (3) establish common technical requirements for the type-approval of motor vehicles and replacement parts with regard to their emissions and lay down rules for in-service conformity, durability of pollution control devices, on-board diagnostic (OBD) systems, measurement of fuel consumption and accessibility of vehicle repair and maintenance information.

| (2) | Directive 2007/46/EC of 5 September 2007 establishes a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles. It sets out the format of the type-approval documents and specifies the bases for outlining engine characteristics, including values of engine power and power-related parameters. |
| --- | --- |

(2)

Directive 2007/46/EC of 5 September 2007 establishes a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles. It sets out the format of the type-approval documents and specifies the bases for outlining engine characteristics, including values of engine power and power-related parameters.

| (3) | The EC type-approval number issued pursuant to Regulation (EC) No 692/2008 includes alphabetical characters (Euro 5 and Euro 6 steps), which indicate the emission limit values and OBD requirements in accordance with which the approval was granted. Each step, identified by an alphabetical character, contains a mandatory implementation date for the certification of new types of vehicles and for all new vehicles, as well as a last date of registration. |
| --- | --- |

(3)

The EC type-approval number issued pursuant to Regulation (EC) No 692/2008 includes alphabetical characters (Euro 5 and Euro 6 steps), which indicate the emission limit values and OBD requirements in accordance with which the approval was granted. Each step, identified by an alphabetical character, contains a mandatory implementation date for the certification of new types of vehicles and for all new vehicles, as well as a last date of registration.

| (4) | Vehicle manufacturers may request a type-approval of vehicles with more stringent requirements before those requirements become mandatory. New Euro 6 steps will enable certification of vehicles with lower emission levels before those emission levels enter into force. |
| --- | --- |

(4)

Vehicle manufacturers may request a type-approval of vehicles with more stringent requirements before those requirements become mandatory. New Euro 6 steps will enable certification of vehicles with lower emission levels before those emission levels enter into force.

| (5) | Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC (4), repealed Council Directive 80/1269/EEC of 16 December 1980 on the approximation of the laws of the Member States relating to the engine power of motor vehicles (5) with effect from 31 December 2013. Therefore, it is necessary to carry over the provisions of Directive 80/1269/EEC into Regulation (EC) No 715/2007. |
| --- | --- |

(5)

Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC (4), repealed Council Directive 80/1269/EEC of 16 December 1980 on the approximation of the laws of the Member States relating to the engine power of motor vehicles (5) with effect from 31 December 2013. Therefore, it is necessary to carry over the provisions of Directive 80/1269/EEC into Regulation (EC) No 715/2007.

| (6) | Regulation (EC) No 692/2008 and Regulation (EU) No 582/2011 specify the reference fuels which should be used by vehicle manufacturers to perform emission tests in accordance with Regulation (EC) No 715/2007 and Regulation (EC) No 595/2009. The characteristics of reference fuels reflect the characteristics of fuels most commonly used in the market at the time Regulation (EC) No 692/2008 was adopted. However, due to the increasing usage of biofuels in the market in recent years, specifications of reference fuels should be adapted to correspond to the fuels available currently and in the foreseeable future on the Union market. |
| --- | --- |

(6)

Regulation (EC) No 692/2008 and Regulation (EU) No 582/2011 specify the reference fuels which should be used by vehicle manufacturers to perform emission tests in accordance with Regulation (EC) No 715/2007 and Regulation (EC) No 595/2009. The characteristics of reference fuels reflect the characteristics of fuels most commonly used in the market at the time Regulation (EC) No 692/2008 was adopted. However, due to the increasing usage of biofuels in the market in recent years, specifications of reference fuels should be adapted to correspond to the fuels available currently and in the foreseeable future on the Union market.

| (7) | The reference fuels in Regulation (EC) No 692/2008 and Regulation (EU) No 582/2011 need to be aligned in order to harmonize procedures for light and heavy-duty vehicles and therefore reduce costs related to type-approval. |
| --- | --- |

(7)

The reference fuels in Regulation (EC) No 692/2008 and Regulation (EU) No 582/2011 need to be aligned in order to harmonize procedures for light and heavy-duty vehicles and therefore reduce costs related to type-approval.

| (8) | Directive 2007/46/EC, Regulation (EC) No 692/2008 and Regulation (EU) No 582/2011 should therefore be amended accordingly. |
| --- | --- |

(8)

Directive 2007/46/EC, Regulation (EC) No 692/2008 and Regulation (EU) No 582/2011 should therefore be amended accordingly.

| (9) | The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee – Motor Vehicles, |
| --- | --- |

(9)

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

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Directive 2007/46/EC

Annexes I, III, IV, IX, and XI to Directive 2007/46/EC are amended in accordance with Annex I to this Regulation.

Article 2

Amendments to Regulation (EC) No 692/2008

Regulation (EC) No 692/2008 is amended as follows:

| (1) | In Article 2, the following points 37, 38, 39 and 40 are added:






  ‘37. | “net power” means the power obtained on a test bench at the end of the crankshaft or its equivalent at the corresponding engine or motor speed with the auxiliaries, tested in accordance with Annex XX (Measurements of net engine power, net power and the maximum 30 minutes power of electric drive train), and determined under reference atmospheric conditions; |
| --- | --- | --- |

(1)

In Article 2, the following points 37, 38, 39 and 40 are added:

‘37.

“net power” means the power obtained on a test bench at the end of the crankshaft or its equivalent at the corresponding engine or motor speed with the auxiliaries, tested in accordance with Annex XX (Measurements of net engine power, net power and the maximum 30 minutes power of electric drive train), and determined under reference atmospheric conditions;

| 38. | “maximum net power” means the maximum value of the net power measured at full engine load; |
| --- | --- |

38.

“maximum net power” means the maximum value of the net power measured at full engine load;

| 39. | “maximum 30 minutes power” means the maximum net power of an electric drive train at DC voltage as set out in paragraph 5.3.2. of UNECE Regulation No 85 (6); |
| --- | --- |

39.

“maximum 30 minutes power” means the maximum net power of an electric drive train at DC voltage as set out in paragraph 5.3.2. of UNECE Regulation No 85 (6);

6

| 40. | “cold start” means an engine coolant temperature (or equivalent temperature) at engine start less than or equal to 35 °C and less than or equal to 7 K higher than ambient temperature (if available) at engine start’. |
| --- | --- |

40.

“cold start” means an engine coolant temperature (or equivalent temperature) at engine start less than or equal to 35 °C and less than or equal to 7 K higher than ambient temperature (if available) at engine start’.

| (2) | In Article 3, paragraph 1 is replaced by the following:

  ‘1.   In order to receive an EC type-approval with regard to emissions and vehicle repair and maintenance information, the manufacturer shall demonstrate that the vehicles comply with the test procedures specified in Annexes III to VIII, X to XII, XIV, XVI and XX to this Regulation. The manufacturer shall also ensure compliance with the specifications of reference fuels set out in Annex IX to this Regulation.’. |
| --- | --- |

(2)

In Article 3, paragraph 1 is replaced by the following:

‘1.   In order to receive an EC type-approval with regard to emissions and vehicle repair and maintenance information, the manufacturer shall demonstrate that the vehicles comply with the test procedures specified in Annexes III to VIII, X to XII, XIV, XVI and XX to this Regulation. The manufacturer shall also ensure compliance with the specifications of reference fuels set out in Annex IX to this Regulation.’.

| (3) | In Article 6, paragraph 1 is replaced by the following:

  ‘1.   If all the relevant requirements are met, the approval authority shall grant an EC type-approval and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC.
  Without prejudice to the provisions of Annex VII to Directive 2007/46/EC, section 3 of the type-approval number shall be drawn up in accordance with Appendix 6 to Annex I to this Regulation.
  An approval authority shall not assign the same number to another vehicle type.
  For vehicles type approved to the Euro 5 emission limits given in Table 1 of Annex I of Regulation (EC) 715/2007 the relevant requirements shall be deemed to be met if all the following conditions are fulfilled:






  (a) | the requirements of Article 13 are met; |
| --- | --- | --- |

(3)

In Article 6, paragraph 1 is replaced by the following:

‘1.   If all the relevant requirements are met, the approval authority shall grant an EC type-approval and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC.

Without prejudice to the provisions of Annex VII to Directive 2007/46/EC, section 3 of the type-approval number shall be drawn up in accordance with Appendix 6 to Annex I to this Regulation.

An approval authority shall not assign the same number to another vehicle type.

For vehicles type approved to the Euro 5 emission limits given in Table 1 of Annex I of Regulation (EC) 715/2007 the relevant requirements shall be deemed to be met if all the following conditions are fulfilled:

(a)

the requirements of Article 13 are met;

| (b) | the vehicle has been approved according to UN/ECE Regulations No 83, series of amendments 06, No 85, No 101, series of amendments 01 and in the case of compression ignition vehicles No 24 Part III, series of amendments 03. |
| --- | --- |

(b)

the vehicle has been approved according to UN/ECE Regulations No 83, series of amendments 06, No 85, No 101, series of amendments 01 and in the case of compression ignition vehicles No 24 Part III, series of amendments 03.

In the case referred to in the fourth subparagraph Article 14 shall also apply.’.

| (4) | Annexes I, III, IV, IX, XI and XII are amended in accordance with Annex II to this Regulation. |
| --- | --- |

(4)

Annexes I, III, IV, IX, XI and XII are amended in accordance with Annex II to this Regulation.

| (5) | Annex XX is added, the text of which is set out in Annex III to this Regulation. |
| --- | --- |

(5)

Annex XX is added, the text of which is set out in Annex III to this Regulation.

Article 3

Amendments to Regulation (EU) No 582/2011

Annexes VIII and IX to Regulation (EU) No 582/2011 are amended in accordance with Annex IV to this Regulation.

Article 4

Transitional provisions

1.   As from 1 January 2015 manufacturers shall deliver certificates of conformity which are in accordance with this Regulation.

2.   For the purpose of compliance with Annex XX to Regulation (EC) No 692/2008, certificates granted by demonstrating compliance with Directive 80/1269/EEC and/or UNECE Regulation No 85 issued before the date of entry into force of this Regulation shall remain valid until 31 August 2018.

3.   Annex IV to this Regulation shall apply as from the dates set out in row C of Table 1 of Appendix 9 to Annex I to Regulation (EU) No 582/2011.

Article 5

Entry into force

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

Official Journal of the European Union

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

Done at Brussels, 11 February 2014.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 263, 9.10.2007, p. 1.

1

(2)  
  OJ L 171, 29.6.2007, p. 1.

2

(3)  
  OJ L 199, 28.7.2008, p. 1.

3

(4)  
  OJ L 188, 18.7.2009, p. 1.

4

(5)  
  OJ L 375, 31.12.1980, p. 46.

5

(6)  
  OJ L 326, 24.11.2006, p. 55

6

---

ANNEX I

Amendments to Directive 2007/46/EC

Annexes I, III, IV, IX, and XI to Directive 2007/46/EC are amended as follows:

| (1) | Annex I is amended as follows:






  (a) | the following points 3.3.1.1.1 and 3.3.1.1.2 are inserted:






  ‘3.3.1.1.1. | Maximum net power (n) ... kW
  (manufacturer’s declared value) |
| --- | --- | --- | --- |

(1)

Annex I is amended as follows:

(a)

the following points 3.3.1.1.1 and 3.3.1.1.2 are inserted:

‘3.3.1.1.1.

(manufacturer’s declared value)

| 3.3.1.1.2. | Maximum 30 minutes power (n) ... kW
  (manufacturer’s declared value)’; |
| --- | --- |

3.3.1.1.2.

(manufacturer’s declared value)’;

| (b) | in the explanatory notes, the explanatory note (n) is replaced by the following:






  ‘(n) | Determined in accordance with the requirements of Regulation (EC) No 715/2007 or Regulation (EC) No 595/2009 as applicable.’; |
| --- | --- | --- |

(b)

in the explanatory notes, the explanatory note (n) is replaced by the following:

‘(n)

| (2) | in Part I, A, of Annex III, the following points 3.3.1.1.1 and 3.3.1.1.2 are inserted:






  ‘3.3.1.1.1. | Maximum net power (n) ... kW
  (manufacturer’s declared value) |
| --- | --- | --- |

(2)

in Part I, A, of Annex III, the following points 3.3.1.1.1 and 3.3.1.1.2 are inserted:

‘3.3.1.1.1.

(manufacturer’s declared value)

| 3.3.1.1.2. | Maximum 30 minutes power (n) ... kW
  (manufacturer’s declared value)’; |
| --- | --- |

3.3.1.1.2.

(manufacturer’s declared value)’;

| (3) | Annex IV is amended as follows:






  (a) | Part I is amended as follows:






  (i) | in the table, item 40 is deleted. |
| --- | --- | --- | --- |

(3)

Annex IV is amended as follows:

(a)

Part I is amended as follows:

(i)

in the table, item 40 is deleted.

| (ii) | explanatory note (7) is deleted; |
| --- | --- |

(ii)

explanatory note (7) is deleted;

| (b) | Appendix 1 to Part I is amended as follows:






  (i) | in Table 1, item 2 is replaced by the following:









  ‘2 | Emissions (Euro 5 and 6) light duty vehicles/access to information | Regulation (EC) No 715/2007 | | A |
| --- | --- | --- | --- | --- | --- | --- |
| (a) | On-board diagnostic (OBD) |

(b)

Appendix 1 to Part I is amended as follows:

(i)

in Table 1, item 2 is replaced by the following:

‘2

Emissions (Euro 5 and 6) light duty vehicles/access to information

Regulation (EC) No 715/2007

A

(a)

On-board diagnostic (OBD)

The vehicle shall be fitted with an OBD system that fulfils the requirements of Article 4(1) and (2) of Regulation (EC) No 692/ 2008 (The OBD system shall be designed to record at least the malfunction of the engine management system).

The OBD-interface shall be able to communicate with commonly available diagnostic tools.

| (b) | In service conformity |
| --- | --- |

(b)

In service conformity

N/A

| (c) | Access to information |
| --- | --- |

(c)

Access to information

It is sufficient that the manufacturer provide access to repair and maintenance information in a readily accessible and prompt manner.

| (d) | Power measurement |
| --- | --- |

(d)

Power measurement

(When the vehicle manufacturer uses an engine from another manufacturer)

Bench test data from the engine manufacturer are accepted provided that the engine management system is identical (i.e. having at least the same ECU).

Power output test may be performed on a chassis dynamometer. It shall be taken into account of the power loss in the transmission.’

| (ii) | in Table 1, item 40 is deleted. |
| --- | --- |

(ii)

in Table 1, item 40 is deleted.

| (iii) | in Table 1, item 41A is replaced by the following:









  ‘41A | Emissions (Euro VI) heavy duty vehicles/ access to information | Regulation (EC)
  No 595/2009 | | A
  With the exception of the set of requirements relating to OBDs and access to information. |
| --- | --- | --- | --- | --- | --- |
| Power measurement | (When the vehicle manufacturer uses an engine from another manufacturer)

  Bench test data from the engine manufacturer are accepted provided that the engine management system is identical (i.e. having at least the same ECU).
  Power output test may be performed on a chassis dynamometer. It shall be taken into account of the power loss in the transmission.’ |

(iii)

in Table 1, item 41A is replaced by the following:

‘41A

Emissions (Euro VI) heavy duty vehicles/ access to information

Regulation (EC)

No 595/2009

A

With the exception of the set of requirements relating to OBDs and access to information.

Power measurement

(When the vehicle manufacturer uses an engine from another manufacturer)

Bench test data from the engine manufacturer are accepted provided that the engine management system is identical (i.e. having at least the same ECU).

Power output test may be performed on a chassis dynamometer. It shall be taken into account of the power loss in the transmission.’

| (iv) | in Table 2, item 2 is replaced by the following:









  ‘2 | Emissions (Euro 5 and 6) light duty vehicles/access to information | Regulation (EC) No 715/2007 | | A |
| --- | --- | --- | --- | --- | --- |
| (a) | On-board diagnostic (OBD) |

(iv)

in Table 2, item 2 is replaced by the following:

‘2

Emissions (Euro 5 and 6) light duty vehicles/access to information

Regulation (EC) No 715/2007

A

(a)

On-board diagnostic (OBD)

The vehicle shall be fitted with an OBD system that fulfils the requirements of Article 4(1) and (2) of Regulation (EC) No 692/ 2008 (The OBD system shall be designed to record at least the malfunction of the engine management system).

The OBD-interface shall be able to communicate with commonly available diagnostic tools.

| (b) | In service conformity |
| --- | --- |

(b)

In service conformity

N/A

| (c) | Access to information |
| --- | --- |

(c)

Access to information

It is sufficient that the manufacturer provide access to repair and maintenance information in a readily accessible and prompt manner.

| (d) | Power measurement |
| --- | --- |

(d)

Power measurement

(When the vehicle manufacturer uses an engine from another manufacturer)

Bench test data from the engine manufacturer are accepted provided that the engine management system is identical (i.e. having at least the same ECU).

Power output test may be performed on a chassis dynamometer. It shall be taken into account of the power loss in the transmission.’

| (v) | in Table 2, item 40 is deleted. |
| --- | --- |

(v)

in Table 2, item 40 is deleted.

| (vi) | in Table 2, item 41A is replaced by the following:









  ‘41A | Emissions (Euro VI) heavy duty vehicles/ access to information | Regulation (EC)
  No 595/2009 | | A
  With the exception of the set of requirements relating to OBDs and access to information. |
| --- | --- | --- | --- | --- | --- |
| Power measurement | (When the vehicle manufacturer uses an engine from another manufacturer)

  Bench test data from the engine manufacturer are accepted provided that the engine management system is identical (i.e. having at least the same ECU).
  Power output test may be performed on a chassis dynamometer. It shall be taken into account of the power loss in the transmission.’ |

(vi)

in Table 2, item 41A is replaced by the following:

‘41A

Emissions (Euro VI) heavy duty vehicles/ access to information

Regulation (EC)

No 595/2009

A

With the exception of the set of requirements relating to OBDs and access to information.

Power measurement

(When the vehicle manufacturer uses an engine from another manufacturer)

Bench test data from the engine manufacturer are accepted provided that the engine management system is identical (i.e. having at least the same ECU).

Power output test may be performed on a chassis dynamometer. It shall be taken into account of the power loss in the transmission.’

| (c) | Appendix 2 to Part I is amended as follows:






  (i) | in point 4, Part I, item 2a of the table is replaced by the following:







  ‘2a | Regulation (EC) No 715/2007
  (Emissions Euro 5 and 6 light duty vehicles/access to information) | Tailpipe emissions







  (a) | A type I test shall be conducted in accordance with Annex III to Regulation (EC) No 692/2008 using the deterioration factors set out in point 1.4 of Annex VII to Regulation (EC) No 692/2008. The limits to be applied shall be those specified in Table I and Table II in Annex I to Regulation (EC) No 715/2007. |
| --- | --- | --- | --- | --- | --- |

(c)

Appendix 2 to Part I is amended as follows:

(i)

in point 4, Part I, item 2a of the table is replaced by the following:

‘2a

Regulation (EC) No 715/2007

(Emissions Euro 5 and 6 light duty vehicles/access to information)

Tailpipe emissions

(a)

A type I test shall be conducted in accordance with Annex III to Regulation (EC) No 692/2008 using the deterioration factors set out in point 1.4 of Annex VII to Regulation (EC) No 692/2008. The limits to be applied shall be those specified in Table I and Table II in Annex I to Regulation (EC) No 715/2007.

| (b) | The vehicle shall not be required to exhibit 3 000  km as mentioned in Section 3.1.1 of Annex 4 to UNECE Regulation No 83. |
| --- | --- |

(b)

The vehicle shall not be required to exhibit 3 000  km as mentioned in Section 3.1.1 of Annex 4 to UNECE Regulation No 83.

| (c) | The fuel to be used for the test shall be the reference fuel as prescribed in Annex IX to Regulation (EC) No 692/2008. |
| --- | --- |

(c)

The fuel to be used for the test shall be the reference fuel as prescribed in Annex IX to Regulation (EC) No 692/2008.

| (d) | The dynamometer shall be set up in accordance with the technical requirements set out in Section 3.2 of Annex 4 to UNECE Regulation No 83. |
| --- | --- |

(d)

The dynamometer shall be set up in accordance with the technical requirements set out in Section 3.2 of Annex 4 to UNECE Regulation No 83.

| (e) | The test referred to in point (a) shall not be conducted where it can be shown that the vehicle complies with the California Regulations referred to in Section 2 of Annex I to Regulation (EC) No 692/2008. |
| --- | --- |

(e)

The test referred to in point (a) shall not be conducted where it can be shown that the vehicle complies with the California Regulations referred to in Section 2 of Annex I to Regulation (EC) No 692/2008.

Evaporative emissions

For petrol-fuelled engines, the presence of an evaporate emissions control system shall be required (e.g. a charcoal canister).

Crankcase emissions

The presence of a device for recycling crankcase gases shall be required.

OBD

| (a) | The vehicle shall be fitted with an OBD system. |
| --- | --- |

(a)

The vehicle shall be fitted with an OBD system.

| (b) | OBD-interface must be able to communicate with common diagnostic tools used for periodic technical inspections. |
| --- | --- |

(b)

OBD-interface must be able to communicate with common diagnostic tools used for periodic technical inspections.

Smoke opacity

| (a) | Vehicles equipped with a diesel-fuelled engine shall be tested in accordance with the tests methods referred to in Appendix 2 to Annex IV to Regulation (EC) No 692/2008. |
| --- | --- |

(a)

Vehicles equipped with a diesel-fuelled engine shall be tested in accordance with the tests methods referred to in Appendix 2 to Annex IV to Regulation (EC) No 692/2008.

| (b) | The corrected value of the absorption coefficient shall be affixed conspicuously and in a readily accessible place. |
| --- | --- |

(b)

The corrected value of the absorption coefficient shall be affixed conspicuously and in a readily accessible place.

CO2 emissions and fuel consumption

| (a) | A test shall be conducted in accordance with Annex XII to Regulation (EC) No 692/2008. |
| --- | --- |

(a)

A test shall be conducted in accordance with Annex XII to Regulation (EC) No 692/2008.

| (b) | The vehicle shall not be required to exhibit 3 000  km as requested in Section 3.1.1 of Annex 4 to UNECE Regulation No 83. |
| --- | --- |

(b)

The vehicle shall not be required to exhibit 3 000  km as requested in Section 3.1.1 of Annex 4 to UNECE Regulation No 83.

| (c) | Where the vehicle complies with the California Regulations referred to in Section 2 of Annex I to Regulation (EC) No 692/2008 and therefore no test of tailpipe emissions is required to be performed, Member States shall calculate CO2 emissions and fuel consumption with the formulæ laid down in the explanatory notes (b) and (c). |
| --- | --- |

(c)

Where the vehicle complies with the California Regulations referred to in Section 2 of Annex I to Regulation (EC) No 692/2008 and therefore no test of tailpipe emissions is required to be performed, Member States shall calculate CO2 emissions and fuel consumption with the formulæ laid down in the explanatory notes (b) and (c).

Access to information

The provisions regarding access to information shall not apply.

Power measurement

| (a) | The applicant shall submit a statement from the manufacturer stating the maximum engine power output in kW as well as the corresponding engine speed in revolutions per minute. |
| --- | --- |

(a)

The applicant shall submit a statement from the manufacturer stating the maximum engine power output in kW as well as the corresponding engine speed in revolutions per minute.

| (b) | An engine power output curve providing the same information may alternatively be referred to.’ |
| --- | --- |

(b)

An engine power output curve providing the same information may alternatively be referred to.’

| (ii) | in point 4, Part I, item 40 of the table is deleted. |
| --- | --- |

(ii)

in point 4, Part I, item 40 of the table is deleted.

| (iii) | in point 4, Part I, item 41a is inserted in the table







  ‘41a | Regulation (EC) No 595/2009
  Emissions (Euro VI) heavy-duty vehicles – OBD | Tailpipe emissions







  (a) | A test shall be conducted in accordance with Annex III to Regulation (EU) No 582/2011 using the deterioration factors set out in point 3.6.1. of Annex VI to Regulation (EU) No 582/2011. |
| --- | --- | --- | --- | --- |

(iii)

in point 4, Part I, item 41a is inserted in the table

‘41a

Regulation (EC) No 595/2009

Emissions (Euro VI) heavy-duty vehicles – OBD

Tailpipe emissions

(a)

A test shall be conducted in accordance with Annex III to Regulation (EU) No 582/2011 using the deterioration factors set out in point 3.6.1. of Annex VI to Regulation (EU) No 582/2011.

| (b) | The limits to be applied shall be those set out in the table of Annex I to Regulation (EC) No 595/2009. |
| --- | --- |

(b)

The limits to be applied shall be those set out in the table of Annex I to Regulation (EC) No 595/2009.

| (c) | The fuel to be used for the test shall be the reference fuel as prescribed in Annex IX to Regulation (EU) No 582/2011. |
| --- | --- |

(c)

The fuel to be used for the test shall be the reference fuel as prescribed in Annex IX to Regulation (EU) No 582/2011.

CO2 emissions

The CO2 emissions and fuel consumption shall be determined in accordance with Annex VIII to Regulation (EU) No 582/2011.

OBD

| (a) | The vehicle shall be fitted with an OBD system. |
| --- | --- |

(a)

The vehicle shall be fitted with an OBD system.

| (b) | The OBD-interface must be able to communicate with an external OBD scan-tool as described in Annex X to Regulation (EU) No 582/2011. |
| --- | --- |

(b)

The OBD-interface must be able to communicate with an external OBD scan-tool as described in Annex X to Regulation (EU) No 582/2011.

Requirements to ensure the correct operation of NOx control measures

The vehicle shall be fitted with a system ensuring the correct operation of NOx control measures in accordance with Annex XIII to Regulation (EU) No 582/2011. The provisions on alternative type-approval set out in point 2.1. of that Annex shall also apply.

Power measurement

| (a) | The applicant shall submit a statement from the manufacturer stating the maximum engine power output in kW as well as the corresponding engine speed in revolutions per minute. |
| --- | --- |

(a)

The applicant shall submit a statement from the manufacturer stating the maximum engine power output in kW as well as the corresponding engine speed in revolutions per minute.

| (b) | An engine power output curve providing the same information may alternatively referred to.’ |
| --- | --- |

(b)

An engine power output curve providing the same information may alternatively referred to.’

| (iv) | in point 4, Part II, item 2a of the table is replaced by the following:







  ‘2a | Regulation (EC) No 715/2007
  (Emissions Euro 5 and 6 light duty vehicles/access to information) | Tailpipe emissions







  (a) | A type I test shall be conducted in accordance with Annex III to Regulation (EC) No 692/2008 using the deterioration factors set out in point 1.4 of Annex VII to Regulation (EC) No 692/2008. The limits to be applied shall be those specified in Table I and Table II in Annex I to Regulation (EC) No 715/2007. |
| --- | --- | --- | --- | --- |

(iv)

in point 4, Part II, item 2a of the table is replaced by the following:

‘2a

Regulation (EC) No 715/2007

(Emissions Euro 5 and 6 light duty vehicles/access to information)

Tailpipe emissions

(a)

A type I test shall be conducted in accordance with Annex III to Regulation (EC) No 692/2008 using the deterioration factors set out in point 1.4 of Annex VII to Regulation (EC) No 692/2008. The limits to be applied shall be those specified in Table I and Table II in Annex I to Regulation (EC) No 715/2007.

| (b) | The vehicle shall not be required to exhibit 3 000  km as mentioned in Section 3.1.1 of Annex 4 to UNECE Regulation No 83. |
| --- | --- |

(b)

The vehicle shall not be required to exhibit 3 000  km as mentioned in Section 3.1.1 of Annex 4 to UNECE Regulation No 83.

| (c) | The fuel to be used for the test shall be the reference fuel as prescribed in Annex IX to Regulation (EC) No 692/2008. |
| --- | --- |

(c)

The fuel to be used for the test shall be the reference fuel as prescribed in Annex IX to Regulation (EC) No 692/2008.

| (d) | The dynamometer shall be set up in accordance with the technical requirements set out in Section 3.2 of Annex 4 to UNECE Regulation No 83. |
| --- | --- |

(d)

The dynamometer shall be set up in accordance with the technical requirements set out in Section 3.2 of Annex 4 to UNECE Regulation No 83.

| (e) | The test referred to in point (a) shall not be conducted where it can be shown that the vehicle complies with the California Regulations referred to in Section 2 of Annex I to Regulation (EC) No 692/2008. |
| --- | --- |

(e)

The test referred to in point (a) shall not be conducted where it can be shown that the vehicle complies with the California Regulations referred to in Section 2 of Annex I to Regulation (EC) No 692/2008.

Evaporative emissions

For petrol-fuelled engines, the presence of an evaporate emissions control system shall be required (e.g. a charcoal canister).

Crankcase emissions

The presence of a device for recycling crankcase gases shall be required.

OBD

| (a) | The vehicle shall be fitted with an OBD system. |
| --- | --- |

(a)

The vehicle shall be fitted with an OBD system.

| (b) | OBD-interface must be able to communicate with common diagnostic tools used for periodic technical inspections. |
| --- | --- |

(b)

OBD-interface must be able to communicate with common diagnostic tools used for periodic technical inspections.

Smoke opacity

| (a) | Vehicles equipped with a diesel-fuelled engine shall be tested in accordance with the tests methods referred to in Appendix 2 to Annex IV to Regulation (EC) No 692/2008. |
| --- | --- |

(a)

Vehicles equipped with a diesel-fuelled engine shall be tested in accordance with the tests methods referred to in Appendix 2 to Annex IV to Regulation (EC) No 692/2008.

| (b) | The corrected value of the absorption coefficient shall be affixed conspicuously and in a readily accessible place. |
| --- | --- |

(b)

The corrected value of the absorption coefficient shall be affixed conspicuously and in a readily accessible place.

CO2 emissions and fuel consumption

| (a) | A test shall be conducted in accordance with Annex XII to Regulation (EC) No 692/2008. |
| --- | --- |

(a)

A test shall be conducted in accordance with Annex XII to Regulation (EC) No 692/2008.

| (b) | The vehicle shall not be required to exhibit 3 000  km as requested in Section 3.1.1 of Annex 4 to UNECE Regulation No 83. |
| --- | --- |

(b)

The vehicle shall not be required to exhibit 3 000  km as requested in Section 3.1.1 of Annex 4 to UNECE Regulation No 83.

| (c) | Where the vehicle complies with the California Regulations referred to in Section 2 of Annex I to Regulation (EC) No 692/2008 and therefore no test of tailpipe emissions is required to be performed, Member States shall calculate CO2 emissions and fuel consumption with the formulae laid down in the explanatory notes (b) and (c). |
| --- | --- |

(c)

Where the vehicle complies with the California Regulations referred to in Section 2 of Annex I to Regulation (EC) No 692/2008 and therefore no test of tailpipe emissions is required to be performed, Member States shall calculate CO2 emissions and fuel consumption with the formulae laid down in the explanatory notes (b) and (c).

Access to information

The provisions regarding access to information shall not apply.

Power measurement

| (a) | The applicant shall submit a statement from the manufacturer stating the maximum engine power output in kW as well as the corresponding regime in revolutions per minute. |
| --- | --- |

(a)

The applicant shall submit a statement from the manufacturer stating the maximum engine power output in kW as well as the corresponding regime in revolutions per minute.

| (b) | An engine power output curve providing the same information may alternatively be referred to.’ |
| --- | --- |

(b)

An engine power output curve providing the same information may alternatively be referred to.’

| (v) | in point 4, Part II, item 40 of the table is deleted. |
| --- | --- |

(v)

in point 4, Part II, item 40 of the table is deleted.

| (vi) | in point 4, Part II, item 41a is inserted in the table







  ‘41a | Regulation (EC) No 595/2009
  Emissions (Euro VI) heavy-duty vehicles – OBD | Tailpipe emissions







  (a) | A test shall be conducted in accordance with Annex III to Regulation (EU) No 582/2011 using the deterioration factors set out in point 3.6.1. of Annex VI to Regulation (EU) No 582/2011. |
| --- | --- | --- | --- | --- |

(vi)

in point 4, Part II, item 41a is inserted in the table

‘41a

Regulation (EC) No 595/2009

Emissions (Euro VI) heavy-duty vehicles – OBD

Tailpipe emissions

(a)

A test shall be conducted in accordance with Annex III to Regulation (EU) No 582/2011 using the deterioration factors set out in point 3.6.1. of Annex VI to Regulation (EU) No 582/2011.

| (b) | The limits to be applied shall be those set out in the table of Annex I to Regulation (EC) No 595/2009. |
| --- | --- |

(b)

The limits to be applied shall be those set out in the table of Annex I to Regulation (EC) No 595/2009.

| (c) | The fuel to be used for the test shall be the reference fuel as prescribed in Annex IX to Regulation (EU) No 582/2011. |
| --- | --- |

(c)

The fuel to be used for the test shall be the reference fuel as prescribed in Annex IX to Regulation (EU) No 582/2011.

CO2 emissions

The CO2 emissions and fuel consumption shall be determined in accordance with Annex VIII to Regulation (EU) No 582/2011.

OBD

| (a) | The vehicle shall be fitted with an OBD system. |
| --- | --- |

(a)

The vehicle shall be fitted with an OBD system.

| (b) | The OBD-interface must be able to communicate with an external OBD scan-tool as described in Annex X to Regulation (EU) No 582/2011. |
| --- | --- |

(b)

The OBD-interface must be able to communicate with an external OBD scan-tool as described in Annex X to Regulation (EU) No 582/2011.

Requirements to ensure the correct operation of NOx control measures

The vehicle shall be fitted with a system ensuring the correct operation of NOx control measures in accordance with Annex XIII to Regulation (EU) No 582/2011. The provisions on alternative type-approval set out in point 2.1. of that Annex shall also apply.

Power measurement

| (a) | The applicant shall submit a statement from the manufacturer stating the maximum engine power output in Kw as well as the corresponding regime |
| --- | --- |

(a)

The applicant shall submit a statement from the manufacturer stating the maximum engine power output in Kw as well as the corresponding regime

| (b) | An engine power output curve providing the same information may alternatively referred to.’ |
| --- | --- |

(b)

An engine power output curve providing the same information may alternatively referred to.’

| (4) | in the Appendix to Annex VI, item 40 of the table is deleted. |
| --- | --- |

(4)

in the Appendix to Annex VI, item 40 of the table is deleted.

| (5) | Annex IX is amended as follows:






  (a) | Part I is amended as follows:






  (i) | point 27 of ‘SIDE 2 VEHICLE CATEGORY M1 (complete and completed vehicles)’ is replaced by the following:
  ‘27.   Maximum power








  27.1. | Maximum net power (g): ... kW at ... min–1 (internal combustion engine) (1) |
| --- | --- | --- | --- | --- |

(5)

Annex IX is amended as follows:

(a)

Part I is amended as follows:

(i)

point 27 of ‘SIDE 2 VEHICLE CATEGORY M1 (complete and completed vehicles)’ is replaced by the following:

‘27.   Maximum power

27.1.

| 27.2. | Maximum hourly output: ... kW (electric motor) (1) |
| --- | --- |

27.2.

| 27.3. | Maximum net power: ... kW (electric motor) (1) |
| --- | --- |

27.3.

| 27.4. | Maximum 30 minutes power: ... kW (electric motor) (1)’; |
| --- | --- |

27.4.

| (ii) | point 27 of ‘SIDE 2 VEHICLE CATEGORY M2 (complete and completed vehicles)’ is replaced by the following:
  ‘27.   Maximum power








  27.1. | Maximum net power (g): ... kW at ... min–1 (internal combustion engine) (1) |
| --- | --- | --- |

(ii)

point 27 of ‘SIDE 2 VEHICLE CATEGORY M2 (complete and completed vehicles)’ is replaced by the following:

‘27.   Maximum power

27.1.

| 27.2. | Maximum hourly output: ... kW (electric motor) (1) |
| --- | --- |

27.2.

| 27.3. | Maximum net power: ... kW (electric motor) (1) |
| --- | --- |

27.3.

| 27.4. | Maximum 30 minutes power: ... kW (electric motor) (1)’; |
| --- | --- |

27.4.

| (iii) | point 27 of ‘SIDE 2 VEHICLE CATEGORY M3 (complete and completed vehicles)’ is replaced by the following:
  ‘27.   Maximum power








  27.1. | Maximum net power (g): ... kW at ... min–1 (internal combustion engine) (1) |
| --- | --- | --- |

(iii)

point 27 of ‘SIDE 2 VEHICLE CATEGORY M3 (complete and completed vehicles)’ is replaced by the following:

‘27.   Maximum power

27.1.

| 27.2. | Maximum hourly output: ... kW (electric motor) (1) |
| --- | --- |

27.2.

| 27.3. | Maximum net power: ... kW (electric motor) (1) |
| --- | --- |

27.3.

| 27.4. | Maximum 30 minutes power: ... kW (electric motor) (1)’; |
| --- | --- |

27.4.

| (iv) | point 27 of ‘SIDE 2 VEHICLE CATEGORY N1 (complete and completed vehicles)’ is replaced by the following:
  ‘27.   Maximum power








  27.1. | Maximum net power (g): ... kW at ... min–1 (internal combustion engine) (1) |
| --- | --- | --- |

(iv)

point 27 of ‘SIDE 2 VEHICLE CATEGORY N1 (complete and completed vehicles)’ is replaced by the following:

‘27.   Maximum power

27.1.

| 27.2. | Maximum hourly output: ... kW (electric motor) (1) |
| --- | --- |

27.2.

| 27.3. | Maximum net power: ... kW (electric motor) (1) |
| --- | --- |

27.3.

| 27.4. | Maximum 30 minutes power: ... kW (electric motor) (1)’; |
| --- | --- |

27.4.

| (v) | point 27 of ‘SIDE 2 VEHICLE CATEGORY N2 (complete and completed vehicles)’ is replaced by the following:
  ‘27.   Maximum power








  27.1. | Maximum net power (g): ... kW at ... min–1 (internal combustion engine) (1) |
| --- | --- | --- |

(v)

point 27 of ‘SIDE 2 VEHICLE CATEGORY N2 (complete and completed vehicles)’ is replaced by the following:

‘27.   Maximum power

27.1.

| 27.2. | Maximum hourly output: ... kW (electric motor) (1) |
| --- | --- |

27.2.

| 27.3. | Maximum net power: ... kW (electric motor) (1) |
| --- | --- |

27.3.

| 27.4. | Maximum 30 minutes power: ... kW (electric motor) (1)’; |
| --- | --- |

27.4.

| (vi) | point 27 of ‘SIDE 2 VEHICLE CATEGORY N3 (complete and completed vehicles)’ is replaced by the following:
  ‘27.   Maximum power








  27.1. | Maximum net power (g): ... kW at ... min–1 (internal combustion engine) (1) |
| --- | --- | --- |

(vi)

point 27 of ‘SIDE 2 VEHICLE CATEGORY N3 (complete and completed vehicles)’ is replaced by the following:

‘27.   Maximum power

27.1.

| 27.2. | Maximum hourly output: ... kW (electric motor) (1) |
| --- | --- |

27.2.

| 27.3. | Maximum net power: ... kW (electric motor) (1) |
| --- | --- |

27.3.

| 27.4. | Maximum 30 minutes power: ... kW (electric motor) (1)’; |
| --- | --- |

27.4.

| (b) | Part II is amended as follows:






  (i) | point 27 of ‘SIDE 2 VEHICLE CATEGORY M1 (incomplete vehicles)’ is replaced by the following:
  ‘27.   Maximum power








  27.1. | Maximum net power (g): ... kW at ... min–1 (internal combustion engine) (1) |
| --- | --- | --- | --- |

(b)

Part II is amended as follows:

(i)

point 27 of ‘SIDE 2 VEHICLE CATEGORY M1 (incomplete vehicles)’ is replaced by the following:

‘27.   Maximum power

27.1.

| 27.2. | Maximum hourly output: ... kW (electric motor) (1) |
| --- | --- |

27.2.

| 27.3. | Maximum net power: ... kW (electric motor) (1) |
| --- | --- |

27.3.

| 27.4. | Maximum 30 minutes power: ... kW (electric motor) (1)’; |
| --- | --- |

27.4.

| (ii) | point 27 of ‘SIDE 2 VEHICLE CATEGORY M2 (incomplete vehicles)’ is replaced by the following:
  ‘27.   Maximum power








  27.1. | Maximum net power (g): ... kW at ... min–1 (internal combustion engine) (1) |
| --- | --- | --- |

(ii)

point 27 of ‘SIDE 2 VEHICLE CATEGORY M2 (incomplete vehicles)’ is replaced by the following:

‘27.   Maximum power

27.1.

| 27.2. | Maximum hourly output: ... kW (electric motor) (1) |
| --- | --- |

27.2.

| 27.3. | Maximum net power: ... kW (electric motor) (1) |
| --- | --- |

27.3.

| 27.4. | Maximum 30 minutes power: ... kW (electric motor) (1)’; |
| --- | --- |

27.4.

| (iii) | point 27 of ‘SIDE 2 VEHICLE CATEGORY M3 (incomplete vehicles)’ is replaced by the following:
  ‘27.   Maximum power








  27.1. | Maximum net power (g): ... kW at ... min–1 (internal combustion engine) (1) |
| --- | --- | --- |

(iii)

point 27 of ‘SIDE 2 VEHICLE CATEGORY M3 (incomplete vehicles)’ is replaced by the following:

‘27.   Maximum power

27.1.

| 27.2. | Maximum hourly output: ... kW (electric motor) (1) |
| --- | --- |

27.2.

| 27.3. | Maximum net power: ... kW (electric motor) (1) |
| --- | --- |

27.3.

| 27.4. | Maximum 30 minutes power: ... kW (electric motor) (1)’; |
| --- | --- |

27.4.

| (iv) | point 27 of ‘SIDE 2 VEHICLE CATEGORY N1 (incomplete vehicles)’ is replaced by the following:
  ‘27.   Maximum power








  27.1. | Maximum net power (g): ... kW at ... min–1 (internal combustion engine) (1) |
| --- | --- | --- |

(iv)

point 27 of ‘SIDE 2 VEHICLE CATEGORY N1 (incomplete vehicles)’ is replaced by the following:

‘27.   Maximum power

27.1.

| 27.2. | Maximum hourly output: ... kW (electric motor) (1) |
| --- | --- |

27.2.

| 27.3. | Maximum net power: ... kW (electric motor) (1) |
| --- | --- |

27.3.

| 27.4. | Maximum 30 minutes power: ... kW (electric motor) (1)’; |
| --- | --- |

27.4.

| (v) | point 27 of ‘SIDE 2 VEHICLE CATEGORY N2 (incomplete vehicles)’ is replaced by the following:
  ‘27.   Maximum power








  27.1. | Maximum net power (g): ... kW at ... min–1 (internal combustion engine) (1) |
| --- | --- | --- |

(v)

point 27 of ‘SIDE 2 VEHICLE CATEGORY N2 (incomplete vehicles)’ is replaced by the following:

‘27.   Maximum power

27.1.

| 27.2. | Maximum hourly output: ... kW (electric motor) (1) |
| --- | --- |

27.2.

| 27.3. | Maximum net power: ... kW (electric motor) (1) |
| --- | --- |

27.3.

| 27.4. | Maximum 30 minutes power: ... kW (electric motor) (1)’; |
| --- | --- |

27.4.

| (vi) | point 27 of ‘SIDE 2 VEHICLE CATEGORY N3 (incomplete vehicles)’ is replaced by the following:
  ‘27.   Maximum power








  27.1. | Maximum net power (g): ... kW at ... min–1 (internal combustion engine) (1) |
| --- | --- | --- |

(vi)

point 27 of ‘SIDE 2 VEHICLE CATEGORY N3 (incomplete vehicles)’ is replaced by the following:

‘27.   Maximum power

27.1.

| 27.2. | Maximum hourly output: ... kW (electric motor) (1) |
| --- | --- |

27.2.

| 27.3. | Maximum net power: ... kW (electric motor) (1) |
| --- | --- |

27.3.

| 27.4. | Maximum 30 minutes power: ... kW (electric motor) (1)’; |
| --- | --- |

27.4.

---

ANNEX II

Amendments to Regulation (EC) No 692/2008

Regulation (EC) No 692/2008 is amended as follows:

| (1) | in the list of Annexes, the Annex XX is added:


  ‘ANNEX XX
  Measurement of net engine power’; |
| --- | --- |

(1)

in the list of Annexes, the Annex XX is added:

‘ANNEX XX
  Measurement of net engine power’;

| (2) | Annex I is amended as follows:






  (a) | Point 2.4 is replaced by the following:
  ‘2.4.   Application of tests

  2.4.1.   Figure I.2.4 illustrates the application of the tests for type-approval of a vehicle. The specific test procedures are described in Annexes II, III, IV, V, VI, VII, VIII, X, XI, XII, XVI (1) and XX.

  Figure I.2.4


  Application of test requirements for type-approval and extensions



















  Vehicle category | Vehicles with positive ignition engines including hybrids | Vehicles with compression ignition engines including hybrids | Pure electric vehicles | Hydrogen Fuel cell vehicles |
| --- | --- | --- | --- | --- | --- | --- |
| Mono fuel | Bi-fuel (2) | Flex-fuel (2) | Flex fuel | Mono fuel |
| Reference fuel | Petrol
  (E5/E10) (6) | LPG | NG/Biome thane | Hydrogen | Petrol (E5/E10) (6) | Petrol (E5/E10) (6) | Petrol (E5/E10) (6) | Petrol (E5/E10) (6) | NG/Biomethane | Diesel
  (B5/B7) (6) | Diesel
  (B5/B7) (6) | — | — |
| LPG | NG/Biomethane | Hydrogen | Ethanol
  (E85) | H2NG | Biodiesel |
| Gaseous pollutants
  (Type 1 test) | Yes | Yes | Yes | Yes (5) | Yes
  (both fuels) | Yes
  (both fuels) | Yes
  (both fuels) (5) | Yes
  (both fuels) | Yes
  (both fuels) | Yes (B5/B7 only) (3)
   (6) | Yes | — | — |
| Particulate mass and particulate number
  (Type 1 test) | Yes | — | — | — | Yes
  (petrol only) | Yes
  (petrol only) | Yes
  (petrol only) | Yes
  (both fuels) | — | Yes (B5/B7 only) (3)
   (6) | Yes | — | — |
| Idle emissions
  (Type 2 test) | Yes | Yes | Yes | — | Yes
  (both fuels) | Yes
  (both fuels) | Yes
  (petrol only) | Yes
  (both fuels) | Yes
  (NG/biomethane only) | — | — | — | — |
| Crankcase emissions
  (Type 3 test) | Yes | Yes | Yes | — | Yes
  (petrol only) | Yes
  (petrol only) | Yes
  (petrol only) | Yes
  (petrol only) | Yes
  (NG/biomethane only) | — | — | — | — |
| Evaporative emissions
  (Type 4 test) | Yes | — | — | — | Yes
  (petrol only) | Yes
  (petrol only) | Yes
  (petrol only) | Yes
  (petrol only) | — | — | — | — | — |
| Durability
  (Type 5 test) | Yes | Yes | Yes | Yes | Yes
  (petrol only) | Yes
  (petrol only) | Yes
  (petrol only) | Yes
  (petrol only) | Yes
  (NG/ biomethane only) | Yes (B5/B7 only) (3)
   (6) | Yes | — | — |
| Low temperature emissions
  (Type 6 test) | Yes | — | — | — | Yes
  (petrol only) | Yes
  (petrol only) | Yes
  (petrol only) | Yes (4)

  (both fuels) | — | — | — | — | — |
| In-service conformity | Yes | Yes | Yes | Yes | Yes
  (both fuels) | Yes
  (both fuels) | Yes
  (both fuels) | Yes
  (both fuels) | Yes
  (both fuels) | Yes (B5/B7 only) (3)
   (6) | Yes | — | — |
| On-board diagnostics | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | — | — |
| CO2 emissions, fuel consumption, electric energy consumption and electric range | Yes | Yes | Yes | Yes | Yes
  (both fuels) | Yes
  (both fuels) | Yes
  (both fuels) | Yes
  (both fuels) | Yes
  (both fuels) | Yes (B5/B7 only) (3)
   (6) | Yes | Yes | Yes |
| Smoke opacity | — | — | — | — | — | — | — | — | — | Yes (B5/B7 only) (3)
   (6) | Yes | — | — |
| Engine power | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |

(2)

Annex I is amended as follows:

(a)

Point 2.4 is replaced by the following:

‘2.4.   Application of tests

2.4.1.   Figure I.2.4 illustrates the application of the tests for type-approval of a vehicle. The specific test procedures are described in Annexes II, III, IV, V, VI, VII, VIII, X, XI, XII, XVI (1) and XX.

Figure I.2.4

Application of test requirements for type-approval and extensions

Vehicle category

Vehicles with positive ignition engines including hybrids

Vehicles with compression ignition engines including hybrids

Pure electric vehicles

Hydrogen Fuel cell vehicles

Mono fuel

Bi-fuel (2)

Flex-fuel (2)

Flex fuel

Mono fuel

Reference fuel

Petrol

(E5/E10) (6)

LPG

NG/Biome thane

Hydrogen

Petrol (E5/E10) (6)

Petrol (E5/E10) (6)

Petrol (E5/E10) (6)

Petrol (E5/E10) (6)

NG/Biomethane

Diesel

(B5/B7) (6)

Diesel

(B5/B7) (6)

—

—

LPG

NG/Biomethane

Hydrogen

Ethanol

(E85)

H2NG

Biodiesel

Gaseous pollutants

(Type 1 test)

Yes

Yes

Yes

Yes (5)

Yes

(both fuels)

Yes

(both fuels)

Yes

(both fuels) (5)

Yes

(both fuels)

Yes

(both fuels)

Yes (B5/B7 only) (3)
   (6)

Yes

—

—

Particulate mass and particulate number

(Type 1 test)

Yes

—

—

—

Yes

(petrol only)

Yes

(petrol only)

Yes

(petrol only)

Yes

(both fuels)

—

Yes (B5/B7 only) (3)
   (6)

Yes

—

—

Idle emissions

(Type 2 test)

Yes

Yes

Yes

—

Yes

(both fuels)

Yes

(both fuels)

Yes

(petrol only)

Yes

(both fuels)

Yes

(NG/biomethane only)

—

—

—

—

Crankcase emissions

(Type 3 test)

Yes

Yes

Yes

—

Yes

(petrol only)

Yes

(petrol only)

Yes

(petrol only)

Yes

(petrol only)

Yes

(NG/biomethane only)

—

—

—

—

Evaporative emissions

(Type 4 test)

Yes

—

—

—

Yes

(petrol only)

Yes

(petrol only)

Yes

(petrol only)

Yes

(petrol only)

—

—

—

—

—

Durability

(Type 5 test)

Yes

Yes

Yes

Yes

Yes

(petrol only)

Yes

(petrol only)

Yes

(petrol only)

Yes

(petrol only)

Yes

(NG/ biomethane only)

Yes (B5/B7 only) (3)
   (6)

Yes

—

—

Low temperature emissions

(Type 6 test)

Yes

—

—

—

Yes

(petrol only)

Yes

(petrol only)

Yes

(petrol only)

Yes (4)

(both fuels)

—

—

—

—

—

In-service conformity

Yes

Yes

Yes

Yes

Yes

(both fuels)

Yes

(both fuels)

Yes

(both fuels)

Yes

(both fuels)

Yes

(both fuels)

Yes (B5/B7 only) (3)
   (6)

Yes

—

—

On-board diagnostics

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

—

—

CO2 emissions, fuel consumption, electric energy consumption and electric range

Yes

Yes

Yes

Yes

Yes

(both fuels)

Yes

(both fuels)

Yes

(both fuels)

Yes

(both fuels)

Yes

(both fuels)

Yes (B5/B7 only) (3)
   (6)

Yes

Yes

Yes

Smoke opacity

—

—

—

—

—

—

—

—

—

Yes (B5/B7 only) (3)
   (6)

Yes

—

—

Engine power

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

| (b) | the following text is added after Figure I.2.4:

  ‘
  Explanatory note:
  The dates of application of the reference fuels E10 and B7 for all new vehicles have been set out to minimise the test burden. If, however, technical evidence for vehicles certified with E5 or B5 reference fuels showing significantly higher emissions when tested with E10 or B7 is established, the Commission should make a proposal advancing these introduction dates.’; |
| --- | --- |

(b)

the following text is added after Figure I.2.4:

‘
  Explanatory note:

The dates of application of the reference fuels E10 and B7 for all new vehicles have been set out to minimise the test burden. If, however, technical evidence for vehicles certified with E5 or B5 reference fuels showing significantly higher emissions when tested with E10 or B7 is established, the Commission should make a proposal advancing these introduction dates.’;

| (c) | Appendix 3 is amended as follows:






  (i) | in points 3.2.1.8 and 3.2.1.10, footnote (a) is replaced by the following:






  ‘(a) | Determined in accordance with the requirements of Annex XX to this Regulation.’; |
| --- | --- | --- | --- |

(c)

Appendix 3 is amended as follows:

(i)

in points 3.2.1.8 and 3.2.1.10, footnote (a) is replaced by the following:

‘(a)

| (ii) | point 3.3.1.1 is replaced by the following:
  3.3.1.1.   Maximum hourly output: ... kW
  (manufacturer’s declared value)
  3.3.1.1.1.   Maximum net power (a) ... kW
  (manufacturer’s declared value)
  3.3.1.1.2.   Maximum 30 minutes power (a) ... kW
  (manufacturer’s declared value)’; |
| --- | --- |

(ii)

point 3.3.1.1 is replaced by the following:

3.3.1.1.   Maximum hourly output: ... kW

(manufacturer’s declared value)

3.3.1.1.1.   Maximum net power (a) ... kW

(manufacturer’s declared value)

3.3.1.1.2.   Maximum 30 minutes power (a) ... kW

(manufacturer’s declared value)’;

| (iii) | point 3.5.3. is replaced by the following:
  ‘3.5.3.   Electric energy consumption for electric vehicles’; |
| --- | --- |

(iii)

point 3.5.3. is replaced by the following:

‘3.5.3.   Electric energy consumption for electric vehicles’;

| (iv) | the following points 3.5.3.1. and 3.5.3.2. are inserted:
  3.5.3.1.   Electric energy consumption for pure electric vehicles ... Wh/km
  3.5.3.2.   Electric energy consumption for externally chargeable hybrid electric vehicles
  3.5.3.2.1.   Electric energy consumption (Condition A, combined) ... Wh/km
  3.5.3.2.2.   Electric energy consumption (Condition B, combined) ... Wh/km
  3.5.3.2.3.   Electric energy consumption (weighted combined) ... Wh/km’; |
| --- | --- |

(iv)

the following points 3.5.3.1. and 3.5.3.2. are inserted:

3.5.3.1.   Electric energy consumption for pure electric vehicles ... Wh/km

3.5.3.2.   Electric energy consumption for externally chargeable hybrid electric vehicles

3.5.3.2.1.   Electric energy consumption (Condition A, combined) ... Wh/km

3.5.3.2.2.   Electric energy consumption (Condition B, combined) ... Wh/km

3.5.3.2.3.   Electric energy consumption (weighted combined) ... Wh/km’;

| (v) | points 3.5.4. to 3.5.4.3. are deleted; |
| --- | --- |

(v)

points 3.5.4. to 3.5.4.3. are deleted;

| (d) | in Appendix 4, the ‘Addendum to EC type-approval certificate No ...’ is amended as follows:






  (i) | the following point 1.11.3 is inserted:
  1.11.3   Maximum net torque: ... Nm, at ... min–1
  ’; |
| --- | --- | --- |

(d)

in Appendix 4, the ‘Addendum to EC type-approval certificate No ...’ is amended as follows:

(i)

the following point 1.11.3 is inserted:

1.11.3   Maximum net torque: ... Nm, at ... min–1
  ’;

| (ii) | point 4. is replaced by the following:
  ‘4.   Power measurement
  Maximum engine net power of internal combustion engine, net power and maximum 30 minutes power of electric drive train
  4.1.   Internal combustion engine net power
  4.1.1.   Engine speed (rpm) ...
  4.1.2.   Measured fuel flow (g/h) ...
  4.1.3.   Measured torque (Nm) ...
  4.1.4.   Measured power (kW) ...
  4.1.5.   Barometric pressure (kPa) ...
  4.1.6.   Water vapour pressure (kPa) ...
  4.1.7.   Intake air temperature (K) ...
  4.1.8.   Power correction factor when applied ...
  4.1.9.   Corrected power (kW) ...
  4.1.10.   Auxiliary power (kW) ...
  4.1.11.   Net power (kW) ...
  4.1.12.   Net torque (Nm) ...
  4.1.13.   Corrected specific fuel consumption (g/kWh) ...
  4.2.   Electric drive train(s):
  4.2.1.   Declared figures
  4.2.2.   Maximum net power: ... kW, at ... min–1

  4.2.3.   Maximum net torque: ... Nm, at ... min–1

  4.2.4.   Maximum net torque at zero speed: .... Nm
  4.2.5.   Maximum 30 minutes power: ... kW
  4.2.6.   Essential characteristics of the electric drive train
  4.2.7.   Test DC voltage: ... V
  4.2.8.   Working principle: ...
  4.2.9.   Cooling system:
  4.2.10.   Motor: liquid/air (7)

  4.2.11.   Variator: liquid/air (7)


  (7)  Delete where not applicable.’
  "


  (7)  Delete where not applicable.’
  " |
| --- | --- |

(ii)

point 4. is replaced by the following:

‘4.   Power measurement

Maximum engine net power of internal combustion engine, net power and maximum 30 minutes power of electric drive train

4.1.   Internal combustion engine net power

4.1.1.   Engine speed (rpm) ...

4.1.2.   Measured fuel flow (g/h) ...

4.1.3.   Measured torque (Nm) ...

4.1.4.   Measured power (kW) ...

4.1.5.   Barometric pressure (kPa) ...

4.1.6.   Water vapour pressure (kPa) ...

4.1.7.   Intake air temperature (K) ...

4.1.8.   Power correction factor when applied ...

4.1.9.   Corrected power (kW) ...

4.1.10.   Auxiliary power (kW) ...

4.1.11.   Net power (kW) ...

4.1.12.   Net torque (Nm) ...

4.1.13.   Corrected specific fuel consumption (g/kWh) ...

4.2.   Electric drive train(s):

4.2.1.   Declared figures

4.2.2.   Maximum net power: ... kW, at ... min–1

4.2.3.   Maximum net torque: ... Nm, at ... min–1

4.2.4.   Maximum net torque at zero speed: .... Nm

4.2.5.   Maximum 30 minutes power: ... kW

4.2.6.   Essential characteristics of the electric drive train

4.2.7.   Test DC voltage: ... V

4.2.8.   Working principle: ...

4.2.9.   Cooling system:

4.2.10.   Motor: liquid/air (7)

4.2.11.   Variator: liquid/air (7)

(7)  Delete where not applicable.’
  "

(7)  Delete where not applicable.’
  "

| (iii) | the following point 5. is added:
  ‘5.   Remarks: ...’; |
| --- | --- |

(iii)

the following point 5. is added:

‘5.   Remarks: ...’;

| (e) | in Appendix 6, Table 1 is replaced by the following table:
  ‘Table 1













  Character | Emissions standard | OBD standard | Vehicle category and class | Engine | Implementation date: new types | Implementation date: new vehicles | Last date of registration |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| A | Euro 5a | Euro 5 | M, N1 class I | PI, CI | 1.9.2009 | 1.1.2011 | 31.12.2012 |
| B | Euro 5a | Euro 5 | M1 to fulfil specific social needs (excluding M1G) | CI | 1.9.2009 | 1.1.2012 | 31.12.2012 |
| C | Euro 5a | Euro 5 | M1G to fulfil specific social needs | CI | 1.9.2009 | 1.1.2012 | 31.8.2012 |
| D | Euro 5a | Euro 5 | N1 class II | PI, CI | 1.9.2010 | 1.1.2012 | 31.12.2012 |
| E | Euro 5a | Euro 5 | N1 class III, N2 | PI, CI | 1.9.2010 | 1.1.2012 | 31.12.2012 |
| F | Euro 5b | Euro 5 | M, N1 class I | PI, CI | 1.9.2011 | 1.1.2013 | 31.12.2013 |
| G | Euro 5b | Euro 5 | M1 to fulfil specific social needs (excluding M1G) | CI | 1.9.2011 | 1.1.2013 | 31.12.2013 |
| H | Euro 5b | Euro 5 | N1 class II | PI, CI | 1.9.2011 | 1.1.2013 | 31.12.2013 |
| I | Euro 5b | Euro 5 | N1 class III, N2 | PI, CI | 1.9.2011 | 1.1.2013 | 31.12.2013 |
| J | Euro 5b | Euro 5+ | M, N1 class I | PI, CI | 1.9.2011 | 1.1.2014 | 31.8.2015 |
| K | Euro 5b | Euro 5+ | M1 to fulfil specific social needs (excluding M1G) | CI | 1.9.2011 | 1.1.2014 | 31.8.2015 |
| L | Euro 5b | Euro 5+ | N1 class II | PI, CI | 1.9.2011 | 1.1.2014 | 31.8.2016 |
| M | Euro 5b | Euro 5+ | N1 class III, N2 | PI, CI | 1.9.2011 | 1.1.2014 | 31.8.2016 |
| N | Euro 6a | Euro 6- | M, N1 class I | CI | | | 31.12.2012 |
| O | Euro 6a | Euro 6- | N1 class II | CI | | | 31.12.2012 |
| P | Euro 6a | Euro 6- | N1 class III, N2 | CI | | | 31.12.2012 |
| Q | Euro 6b | Euro 6- | M, N1 class I | CI | | | 31.12.2013 |
| R | Euro 6b | Euro 6- | N1 class II | CI | | | 31.12.2013 |
| S | Euro 6b | Euro 6- | N1 class III, N2 | CI | | | 31.12.2013 |
| T | Euro 6b | Euro 6- plus IUPR | M, N1 class I | CI | | | 31.8.2015 |
| U | Euro 6b | Euro 6- plus IUPR | N1 class II | CI | | | 31.8.2016 |
| V | Euro 6b | Euro 6- plus IUPR | N1 class III, N2 | CI | | | 31.8.2016 |
| W | Euro 6b | Euro 6-1 | M, N1 class I | PI, CI | 1.9.2014 | 1.9.2015 | 31.8.2018 |
| X | Euro 6b | Euro 6-1 | N1 class II | PI, CI | 1.9.2015 | 1.9.2016 | 31.8.2019 |
| Y | Euro 6b | Euro 6-1 | N1 class III, N2 | PI, CI | 1.9.2015 | 1.9.2016 | 31.8.2019 |
| ZA | Euro 6c | Euro 6-1 | M, N1 class I | PI, CI | | | 31.8.2018 |
| ZB | Euro 6c | Euro 6-1 | N1 class II | PI, CI | | | 31.8.2019 |
| ZC | Euro 6c | Euro 6-1 | N1 class III, N2 | PI, CI | | | 31.8.2019 |
| ZD | Euro 6c | Euro 6-2 | M, N1 class I | PI, CI | 1.9.2017 | 1.9.2018 | |
| ZE | Euro 6c | Euro 6-2 | N1 class II | PI, CI | 1.9.2018 | 1.9.2019 | |
| ZF | Euro 6c | Euro 6-2 | N1 class III, N2 | PI, CI | 1.9.2018 | 1.9.2019 | |
| ZX | n.a. | n.a. | All vehicles | Battery full electric | 1.9.2009 | 1.1.2011 | |
| ZY | n.a. | n.a. | All vehicles | Fuel cell full electric | 1.9.2009 | 1.1.2011 | |
| ZZ | n.a | n.a. | All vehicles using certificates according to point 2.1.1 of Annex I | PI, CI | 1.9.2009 | 1.1.2011 | |
| Key:

  ‘Euro 5a’ emissions standard= excludes revised measurement procedure for particulate matter, particle number standard and flex fuel vehicle low temperature emission testing with biofuel;
  ‘Euro 5b’ emissions standard= Full Euro 5 emission requirements including revised measurement procedure for particulate matter, particle number standard for CI vehicles and flex fuel vehicle low temperature emission testing with biofuel;
  ‘Euro 6a’ emissions standard= excludes revised measurement procedure for particulate matter, particle number standard and flex fuel vehicle low temperature emission testing with biofuel;
  ‘Euro 6b’ emissions standard= Euro 6 emission requirements including revised measurement procedure for particulate matter, particle number standards (preliminary values for PI vehicles) and flex fuel vehicle low temperature emission testing with biofuel;
  ‘Euro 6c’ emissions standard= Full Euro 6 emission requirements, i.e. Euro 6b emission standard and final particle number standards for PI vehicles and use of E10 and B7 reference fuel (where applicable);
  ‘Euro 5’ OBD standard= Base Euro 5 OBD requirements excluding in use performance ratio (IUPR), NOx monitoring for petrol vehicles and tightened PM threshold limits for diesel;
  ‘Euro 5+’ OBD standard= includes relaxed in use performance ratio (IUPR), NOx monitoring for petrol vehicles and tightened PM threshold limits for diesel;
  ‘Euro 6-’ OBD standard= relaxed OBD threshold limits;
  ‘Euro 6- plus IUPR’ OBD standard= includes relaxed OBD threshold limits and relaxed in use performance ratio (IUPR);
  ‘Euro 6-1’ OBD standard= Full Euro 6 OBD requirements but with preliminary OBD threshold limits as defined in point 2.3.4 of Annex XI and partially relaxed IUPR;
  ‘Euro 6-2’ OBD standard= Full Euro 6 OBD requirements but with final OBD threshold limits as defined in point 2.3.3 of Annex XI.’ |

(e)

in Appendix 6, Table 1 is replaced by the following table:

‘Table 1

Character

Emissions standard

OBD standard

Vehicle category and class

Engine

Implementation date: new types

Implementation date: new vehicles

Last date of registration

A

Euro 5a

Euro 5

M, N1 class I

PI, CI

1.9.2009

1.1.2011

31.12.2012

B

Euro 5a

Euro 5

M1 to fulfil specific social needs (excluding M1G)

CI

1.9.2009

1.1.2012

31.12.2012

C

Euro 5a

Euro 5

M1G to fulfil specific social needs

CI

1.9.2009

1.1.2012

31.8.2012

D

Euro 5a

Euro 5

N1 class II

PI, CI

1.9.2010

1.1.2012

31.12.2012

E

Euro 5a

Euro 5

N1 class III, N2

PI, CI

1.9.2010

1.1.2012

31.12.2012

F

Euro 5b

Euro 5

M, N1 class I

PI, CI

1.9.2011

1.1.2013

31.12.2013

G

Euro 5b

Euro 5

M1 to fulfil specific social needs (excluding M1G)

CI

1.9.2011

1.1.2013

31.12.2013

H

Euro 5b

Euro 5

N1 class II

PI, CI

1.9.2011

1.1.2013

31.12.2013

I

Euro 5b

Euro 5

N1 class III, N2

PI, CI

1.9.2011

1.1.2013

31.12.2013

J

Euro 5b

Euro 5+

M, N1 class I

PI, CI

1.9.2011

1.1.2014

31.8.2015

K

Euro 5b

Euro 5+

M1 to fulfil specific social needs (excluding M1G)

CI

1.9.2011

1.1.2014

31.8.2015

L

Euro 5b

Euro 5+

N1 class II

PI, CI

1.9.2011

1.1.2014

31.8.2016

M

Euro 5b

Euro 5+

N1 class III, N2

PI, CI

1.9.2011

1.1.2014

31.8.2016

N

Euro 6a

Euro 6-

M, N1 class I

CI

31.12.2012

O

Euro 6a

Euro 6-

N1 class II

CI

31.12.2012

P

Euro 6a

Euro 6-

N1 class III, N2

CI

31.12.2012

Q

Euro 6b

Euro 6-

M, N1 class I

CI

31.12.2013

R

Euro 6b

Euro 6-

N1 class II

CI

31.12.2013

S

Euro 6b

Euro 6-

N1 class III, N2

CI

31.12.2013

T

Euro 6b

Euro 6- plus IUPR

M, N1 class I

CI

31.8.2015

U

Euro 6b

Euro 6- plus IUPR

N1 class II

CI

31.8.2016

V

Euro 6b

Euro 6- plus IUPR

N1 class III, N2

CI

31.8.2016

W

Euro 6b

Euro 6-1

M, N1 class I

PI, CI

1.9.2014

1.9.2015

31.8.2018

X

Euro 6b

Euro 6-1

N1 class II

PI, CI

1.9.2015

1.9.2016

31.8.2019

Y

Euro 6b

Euro 6-1

N1 class III, N2

PI, CI

1.9.2015

1.9.2016

31.8.2019

ZA

Euro 6c

Euro 6-1

M, N1 class I

PI, CI

31.8.2018

ZB

Euro 6c

Euro 6-1

N1 class II

PI, CI

31.8.2019

ZC

Euro 6c

Euro 6-1

N1 class III, N2

PI, CI

31.8.2019

ZD

Euro 6c

Euro 6-2

M, N1 class I

PI, CI

1.9.2017

1.9.2018

ZE

Euro 6c

Euro 6-2

N1 class II

PI, CI

1.9.2018

1.9.2019

ZF

Euro 6c

Euro 6-2

N1 class III, N2

PI, CI

1.9.2018

1.9.2019

ZX

n.a.

n.a.

All vehicles

Battery full electric

1.9.2009

1.1.2011

ZY

n.a.

n.a.

All vehicles

Fuel cell full electric

1.9.2009

1.1.2011

ZZ

n.a

n.a.

All vehicles using certificates according to point 2.1.1 of Annex I

PI, CI

1.9.2009

1.1.2011

Key:

‘Euro 5a’ emissions standard= excludes revised measurement procedure for particulate matter, particle number standard and flex fuel vehicle low temperature emission testing with biofuel;

‘Euro 5b’ emissions standard= Full Euro 5 emission requirements including revised measurement procedure for particulate matter, particle number standard for CI vehicles and flex fuel vehicle low temperature emission testing with biofuel;

‘Euro 6a’ emissions standard= excludes revised measurement procedure for particulate matter, particle number standard and flex fuel vehicle low temperature emission testing with biofuel;

‘Euro 6b’ emissions standard= Euro 6 emission requirements including revised measurement procedure for particulate matter, particle number standards (preliminary values for PI vehicles) and flex fuel vehicle low temperature emission testing with biofuel;

‘Euro 6c’ emissions standard= Full Euro 6 emission requirements, i.e. Euro 6b emission standard and final particle number standards for PI vehicles and use of E10 and B7 reference fuel (where applicable);

‘Euro 5’ OBD standard= Base Euro 5 OBD requirements excluding in use performance ratio (IUPR), NOx monitoring for petrol vehicles and tightened PM threshold limits for diesel;

‘Euro 5+’ OBD standard= includes relaxed in use performance ratio (IUPR), NOx monitoring for petrol vehicles and tightened PM threshold limits for diesel;

‘Euro 6-’ OBD standard= relaxed OBD threshold limits;

‘Euro 6- plus IUPR’ OBD standard= includes relaxed OBD threshold limits and relaxed in use performance ratio (IUPR);

‘Euro 6-1’ OBD standard= Full Euro 6 OBD requirements but with preliminary OBD threshold limits as defined in point 2.3.4 of Annex XI and partially relaxed IUPR;

‘Euro 6-2’ OBD standard=

| (3) | Annex III is amended as follows:






  (a) | point 3.4 is replaced by the following:
  3.4.   The hydrocarbons ratios in paragraph 8.2 shall be understood as follows:






  For petrol (E5) (C1H1,89O0,016) | d = 0,631 g/l |
| --- | --- | --- | --- |
| For petrol (E10) (C1H1,93O0,033) | d = 0,645 g/l |
| For diesel (B5) (C1H1,86O0,005) | d = 0,622 g/l |
| For diesel (B7) (C1H1,86O0,007) | d = 0,623 g/l |
| For LPG (C1H2,525) | d = 0,649 g/l |
| For NG/biomethane (CH4) | d = 0,714 g/l |
| For ethanol (E85) (C1H2,74O0,385) | d = 0,932 g/l |
| For ethanol (E75) (C1H2,61O0,329) | d = 0,886 g/l |
| For H2NG | g/l |

(3)

Annex III is amended as follows:

(a)

point 3.4 is replaced by the following:

3.4.   The hydrocarbons ratios in paragraph 8.2 shall be understood as follows:

For petrol (E5) (C1H1,89O0,016)

d = 0,631 g/l

For petrol (E10) (C1H1,93O0,033)

d = 0,645 g/l

For diesel (B5) (C1H1,86O0,005)

d = 0,622 g/l

For diesel (B7) (C1H1,86O0,007)

d = 0,623 g/l

For LPG (C1H2,525)

d = 0,649 g/l

For NG/biomethane (CH4)

d = 0,714 g/l

For ethanol (E85) (C1H2,74O0,385)

d = 0,932 g/l

For ethanol (E75) (C1H2,61O0,329)

d = 0,886 g/l

For H2NG

Formula

A being the quantity of NG/biomethane within the H2NG mixture, expressed in per cent volume.’

| (b) | in point 3.8, the table is replaced by the following:






  ‘Fuel | X |
| --- | --- | --- |
| Petrol (E5) | 13,4 |
| Petrol (E10) | 13,4 |
| Diesel (B5) | 13,5 |
| Diesel (B7) | 13,5 |
| LPG | 11,9 |
| NG/biomethane | 9,5 |
| Ethanol (E85) | 12,5 |
| Ethanol (E75) | 12,7 ’ |

(b)

in point 3.8, the table is replaced by the following:

‘Fuel

X

Petrol (E5)

13,4

Petrol (E10)

13,4

Diesel (B5)

13,5

Diesel (B7)

13,5

LPG

11,9

NG/biomethane

9,5

Ethanol (E85)

12,5

Ethanol (E75)

12,7 ’

| (4) | in Appendix 1 of Annex IV, point 2.2 is replaced by the following:
  2.2.   The atomic ratios specified in point 5.3.7.3 shall be understood as follows:

  Hcv= Atomic ratio of hydrogen to carbon






  — | for petrol (E5) 1,89 |
| --- | --- | --- |

(4)

in Appendix 1 of Annex IV, point 2.2 is replaced by the following:

2.2.   The atomic ratios specified in point 5.3.7.3 shall be understood as follows:

Hcv= Atomic ratio of hydrogen to carbon

—

for petrol (E5) 1,89

| — | for petrol (E10) 1,93 |
| --- | --- |

—

for petrol (E10) 1,93

| — | for LPG 2,53 |
| --- | --- |

—

for LPG 2,53

| — | for NG/biomethane 4,0 |
| --- | --- |

—

for NG/biomethane 4,0

| — | for ethanol (E85) 2,74 |
| --- | --- |

—

for ethanol (E85) 2,74

| — | for ethanol (E75) 2,61 |
| --- | --- |

—

for ethanol (E75) 2,61

Ocv= Atomic ratio of oxygen to carbon

| — | for petrol (E5) 0,016 |
| --- | --- |

—

for petrol (E5) 0,016

| — | for petrol (E10) 0,033 |
| --- | --- |

—

for petrol (E10) 0,033

| — | for LPG 0,0 |
| --- | --- |

—

for LPG 0,0

| — | for NG/biomethane 0,0 |
| --- | --- |

—

for NG/biomethane 0,0

| — | for ethanol (E85) 0,39 |
| --- | --- |

—

for ethanol (E85) 0,39

| — | for ethanol (E75) 0,329’; |
| --- | --- |

—

for ethanol (E75) 0,329’;

| (5) | Annex IX is amended as follows:






  (a) | Part A is amended as follows:






  (i) | in point 1, the following table is inserted between the table ‘Type: Petrol (E5)’ and the table ‘Type: Ethanol (E85)’:
  ‘Type: Petrol (E10):









  Parameter | Unit | Limits (8) | Test method |
| --- | --- | --- | --- | --- | --- | --- |
| Minimum | Maximum |
| Research octane number, RON (9) | | 95,0 | 98,0 | EN ISO 5164 |
| Motor octane number, MON (9) | | 85,0 | 89,0 | EN ISO 5163 |
| Density at 1 5 °C | kg/m3 | 743,0 | 756,0 | EN ISO 12185 |
| Vapour pressure (DVPE) | kPa | 56,0 | 60,0 | EN 13016-1 |
| Water content | | max 0,05 % v/v
  Appearance at – 7 °C: clear and bright | EN 12937 |
| Distillation: | | | | |
| — | evaporated at 70 °C |

(5)

Annex IX is amended as follows:

(a)

Part A is amended as follows:

(i)

in point 1, the following table is inserted between the table ‘Type: Petrol (E5)’ and the table ‘Type: Ethanol (E85)’:

‘Type: Petrol (E10):

Parameter

Unit

Limits (8)

Test method

Minimum

Maximum

Research octane number, RON (9)

95,0

98,0

EN ISO 5164

Motor octane number, MON (9)

85,0

89,0

EN ISO 5163

Density at 1 5 °C

kg/m3

743,0

756,0

EN ISO 12185

Vapour pressure (DVPE)

kPa

56,0

60,0

EN 13016-1

Water content

max 0,05 % v/v

Appearance at – 7 °C: clear and bright

EN 12937

Distillation:

—

evaporated at 70 °C

% v/v

34,0

46,0

EN ISO 3405

| — | evaporated at 100 °C |
| --- | --- |

—

evaporated at 100 °C

% v/v

54,0

62,0

EN ISO 3405

| — | evaporated at 150 °C |
| --- | --- |

—

evaporated at 150 °C

% v/v

86,0

94,0

EN ISO 3405

| — | final boiling point |
| --- | --- |

—

final boiling point

°C

170

195

EN ISO 3405

Residue

% v/v

—

2,0

EN ISO 3405

Hydrocarbon analysis:

| — | olefins |
| --- | --- |

—

olefins

% v/v

6,0

13,0

EN 22854

| — | aromatics |
| --- | --- |

—

aromatics

% v/v

25,0

32,0

EN 22854

| — | benzene |
| --- | --- |

—

benzene

% v/v

—

1,00

EN 22854

EN 238

| — | saturates |
| --- | --- |

—

saturates

% v/v

report

EN 22854

Carbon/hydrogen ratio

report

Carbon/oxygen ratio

report

Induction Period (10)

minutes

480

—

EN ISO 7536

Oxygen content (11)

% m/m

3,3

3,7

EN 22854

Solvent washed gum

(Existent gum content)

mg/100 ml

—

4

EN ISO 6246

Sulphur content (12)

mg/kg

—

10

EN ISO 20846

EN ISO 20884

Copper corrosion 3 hrs, 50 °C

—

class 1

EN ISO 2160

Lead content

mg/l

—

5

EN 237

Phosphorus content (13)

mg/l

—

1,3

ASTM D 3231

Ethanol (11)

% v/v

9,0

10,0

EN 22854

| (2) | Equivalent EN/ISO methods will be adopted when issued for properties listed above. |
| --- | --- |

(2)

Equivalent EN/ISO methods will be adopted when issued for properties listed above.

| (ii) | in point 2, the following table is added:
  ‘Type: Diesel (B7):









  Parameter | Unit | Limits (14) | Test method |
| --- | --- | --- | --- | --- |
| Minimum | Maximum |
| Cetane Index | | 46,0 | | EN ISO 4264 |
| Cetane number (15) | | 52,0 | 56,0 | EN ISO 5165 |
| Density at 15 °C | kg/m3 | 833,0 | 837,0 | EN ISO 12185 |
| Distillation: | | | | |
| — | 50 % point |

(ii)

in point 2, the following table is added:

‘Type: Diesel (B7):

Parameter

Unit

Limits (14)

Test method

Minimum

Maximum

Cetane Index

46,0

EN ISO 4264

Cetane number (15)

52,0

56,0

EN ISO 5165

Density at 15 °C

kg/m3

833,0

837,0

EN ISO 12185

Distillation:

—

50 % point

°C

245,0

—

EN ISO 3405

| — | 95 % point |
| --- | --- |

—

95 % point

°C

345,0

360,0

EN ISO 3405

| — | final boiling point |
| --- | --- |

—

final boiling point

°C

—

370,0

EN ISO 3405

Flash point

°C

55

—

EN ISO 2719

Cloud point

°C

—

–10

EN 23015

Viscosity at 40 °C

mm2/s

2,30

3,30

EN ISO 3104

Polycyclic aromatic hydrocarbons

% m/m

2,0

4,0

EN 12916

Sulphur content

mg/kg

—

10,0

EN ISO 20846

EN ISO 20884

Copper corrosion 3 hrs, 50 °C

—

Class 1

EN ISO 2160

Conradson carbon residue (10 % DR)

% m/m

—

0,20

EN ISO 10370

Ash content

% m/m

—

0,010

EN ISO 6245

Total contamination

mg/kg

—

24

EN 12662

Water content

mg/kg

—

200

EN ISO 12937

Acid number

mg KOH/g

—

0,10

EN ISO 6618

Lubricity (HFRR wear scan diameter at 60 °C)

μm

—

400

EN ISO 12156

Oxidation stability at 110 °C (16)

h

20,0

EN 15751

FAME (17)

% v/v

6,0

7,0

EN 14078

| (b) | in Part B, the following table is inserted between the table ‘Type: Petrol (E5)’ and the table ‘Type: Ethanol (E75)’:
  ‘Type: Petrol (E10):









  Parameter | Unit | Limits (18) | Test method |
| --- | --- | --- | --- | --- |
| Minimum | Maximum |
| Research octane number, RON (19) | | 95,0 | 98,0 | EN ISO 5164 |
| Motor octane number, MON (19) | | 85,0 | 89,0 | EN ISO 5163 |
| Density at 15 °C | kg/m3 | 743,0 | 756,0 | EN ISO 12185 |
| Vapour pressure (DVPE) | kPa | 56,0 | 95,0 | EN 13016-1 |
| Water content | | max 0,05 % v/v
  Appearance at – 7 °C: clear and bright | EN 12937 |
| Distillation: | | | | |
| — | evaporated at 70 °C |

(b)

in Part B, the following table is inserted between the table ‘Type: Petrol (E5)’ and the table ‘Type: Ethanol (E75)’:

‘Type: Petrol (E10):

Parameter

Unit

Limits (18)

Test method

Minimum

Maximum

Research octane number, RON (19)

95,0

98,0

EN ISO 5164

Motor octane number, MON (19)

85,0

89,0

EN ISO 5163

Density at 15 °C

kg/m3

743,0

756,0

EN ISO 12185

Vapour pressure (DVPE)

kPa

56,0

95,0

EN 13016-1

Water content

max 0,05 % v/v

Appearance at – 7 °C: clear and bright

EN 12937

Distillation:

—

evaporated at 70 °C

% v/v

34,0

46,0

EN ISO 3405

| — | evaporated at 100 °C |
| --- | --- |

—

evaporated at 100 °C

% v/v

54,0

62,0

EN ISO 3405

| — | evaporated at 150 °C |
| --- | --- |

—

evaporated at 150 °C

% v/v

86,0

94,0

EN ISO 3405

| — | final boiling point |
| --- | --- |

—

final boiling point

°C

170

195

EN ISO 3405

Residue

% v/v

—

2,0

EN ISO 3405

Hydrocarbon analysis:

| — | olefins |
| --- | --- |

—

olefins

% v/v

6,0

13,0

EN 22854

| — | aromatics |
| --- | --- |

—

aromatics

% v/v

25,0

32,0

EN 22854

| — | benzene |
| --- | --- |

—

benzene

% v/v

—

1,00

EN 22854

EN 238

| — | saturates |
| --- | --- |

—

saturates

% v/v

report

EN 22854

Carbon/hydrogen ratio

report

Carbon/oxygen ratio

report

Induction Period (20)

minutes

480

—

EN ISO 7536

Oxygen content (21)

% m/m

3,3

3,7

EN 22854

Solvent washed gum

(Existent gum content)

mg/100 ml

—

4

EN ISO 6246

Sulphur content (22)

mg/kg

—

10

EN ISO 20846

EN ISO 20884

Copper corrosion 3 hrs, 50 °C

—

class 1

EN ISO 2160

Lead content

mg/l

—

5

EN 237

Phosphorus content (23)

mg/l

—

1,3

ASTM D 3231

Ethanol (21)

% v/v

9,0

10,0

EN 22854

| (2) | Equivalent EN/ISO methods will be adopted when issued for properties listed above. |
| --- | --- |

(2)

Equivalent EN/ISO methods will be adopted when issued for properties listed above.

| (6) | Annex XI is amended as follows:






  (a) | in point 2.3.3., the table ‘Final Euro 6 OBD threshold limits’ is replaced by the following table:
  ‘Final Euro 6 OBD threshold limits | | Reference mass
  (RM) (kg) | Mass of carbon monoxide | Mass of non‐methane hydrocarbons | Mass of oxides of nitrogen | Mass of particulate matter (24) | Number of particles (24) |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| | (CO)
  (mg/km) | (NMHC)
  (mg/km) | (NOx)
  (mg/km) | (PM)
  (mg/km) | (PN)
  (#/km) |
| Category | Class | | PI | CI | PI | CI | PI | CI | CI | PI | CI | PI |
| M | — | All | 1 900 | 1 750 | 170 | 290 | 90 | 140 | 12 | 12 | | |
| N1 | I | RM ≤ 1 305 | 1 900 | 1 750 | 170 | 290 | 90 | 140 | 12 | 12 | | |
| II | 1 305  < RM ≤ 1 760 | 3 400 | 2 200 | 225 | 320 | 110 | 180 | 12 | 12 | | |
| III | 1 760  < RM | 4 300 | 2 500 | 270 | 350 | 120 | 220 | 12 | 12 | | |
| N2 | — | All | 4 300 | 2 500 | 270 | 350 | 120 | 220 | 12 | 12 | | |
| Key: PI = Positive Ignition, CI = Compression Ignition. |

(6)

Annex XI is amended as follows:

(a)

in point 2.3.3., the table ‘Final Euro 6 OBD threshold limits’ is replaced by the following table:

‘Final Euro 6 OBD threshold limits

Reference mass

(RM) (kg)

Mass of carbon monoxide

Mass of non‐methane hydrocarbons

Mass of oxides of nitrogen

Mass of particulate matter (24)

Number of particles (24)

(CO)

(mg/km)

(NMHC)

(mg/km)

(NOx)

(mg/km)

(PM)

(mg/km)

(PN)

(#/km)

Category

Class

PI

CI

PI

CI

PI

CI

CI

PI

CI

PI

M

—

All

1 900

1 750

170

290

90

140

12

12

N1

I

RM ≤ 1 305

1 900

1 750

170

290

90

140

12

12

II

1 305  < RM ≤ 1 760

3 400

2 200

225

320

110

180

12

12

III

1 760  < RM

4 300

2 500

270

350

120

220

12

12

N2

—

All

4 300

2 500

270

350

120

220

12

12

Key: PI = Positive Ignition, CI = Compression Ignition.

| (b) | in point 2.3.4., the table ‘Preliminary Euro 6 OBD threshold limits’ is replaced by the following table:
  ‘Preliminary Euro 6 OBD threshold limits | | Reference mass
  (RM) (kg) | Mass of carbon monoxide | Mass of non‐methane hydrocarbons | Mass of oxides of nitrogen | Mass of particulate matter (25) |
| --- | --- | --- | --- | --- | --- | --- | --- |
| | (CO)
  (mg/km) | (NMHC)
  (mg/km) | (NOx)
  (mg/km) | (PM)
  (mg/km) |
| Category | Class | | PI | CI | PI | CI | PI | CI | CI | PI |
| M | — | All | 1 900 | 1 750 | 170 | 290 | 150 | 180 | 25 | 25 |
| N1 | I | RM ≤ 1 305 | 1 900 | 1 750 | 170 | 290 | 150 | 180 | 25 | 25 |
| | II | 1 305  < RM ≤ 1 760 | 3 400 | 2 200 | 225 | 320 | 190 | 220 | 25 | 25 |
| | III | 1 760  < RM | 4 300 | 2 500 | 270 | 350 | 210 | 280 | 30 | 30 |
| N2 | — | All | 4 300 | 2 500 | 270 | 350 | 210 | 280 | 30 | 30 |
| Key: PI = Positive Ignition, CI = Compression Ignition |

(b)

in point 2.3.4., the table ‘Preliminary Euro 6 OBD threshold limits’ is replaced by the following table:

‘Preliminary Euro 6 OBD threshold limits

Reference mass

(RM) (kg)

Mass of carbon monoxide

Mass of non‐methane hydrocarbons

Mass of oxides of nitrogen

Mass of particulate matter (25)

(CO)

(mg/km)

(NMHC)

(mg/km)

(NOx)

(mg/km)

(PM)

(mg/km)

Category

Class

PI

CI

PI

CI

PI

CI

CI

PI

M

—

All

1 900

1 750

170

290

150

180

25

25

N1

I

RM ≤ 1 305

1 900

1 750

170

290

150

180

25

25

II

1 305  < RM ≤ 1 760

3 400

2 200

225

320

190

220

25

25

III

1 760  < RM

4 300

2 500

270

350

210

280

30

30

N2

—

All

4 300

2 500

270

350

210

280

30

30

Key: PI = Positive Ignition, CI = Compression Ignition

| (c) | point 2.5 is replaced by the following:
  2.5.   Section 3.3.3.1 of Annex 11 to UNECE Regulation No 83 shall be understood as:
  The OBD system shall monitor the reduction in the efficiency of the catalytic converter with respect to emissions of NMHC and NOx. Manufacturers may monitor the front catalyst alone or in combination with the next catalyst(s) downstream. Each monitored catalyst or catalyst combination shall be considered malfunctioning when the emissions exceed the NMHC or NOx threshold limits provided for in Section 2.3 of this Annex. By way of derogation, the requirement of monitoring the reduction in the efficiency of the catalytic converter with respect to NOx emissions shall only apply as from the dates set out in Article 17.’; |
| --- | --- |

(c)

point 2.5 is replaced by the following:

2.5.   Section 3.3.3.1 of Annex 11 to UNECE Regulation No 83 shall be understood as:

The OBD system shall monitor the reduction in the efficiency of the catalytic converter with respect to emissions of NMHC and NOx. Manufacturers may monitor the front catalyst alone or in combination with the next catalyst(s) downstream. Each monitored catalyst or catalyst combination shall be considered malfunctioning when the emissions exceed the NMHC or NOx threshold limits provided for in Section 2.3 of this Annex. By way of derogation, the requirement of monitoring the reduction in the efficiency of the catalytic converter with respect to NOx emissions shall only apply as from the dates set out in Article 17.’;

| (7) | Annex XII is amended as follows:






  (a) | point 2.2.2 is replaced by the following:
  2.2.2.   For LPG and NG, the fuel to be used must be the one chosen by the manufacturer for the measurement of the net power in accordance with Annex XX to this Regulation. The chosen fuel shall be specified in the information document set out in Appendix 3 of Annex I to this Regulation.’; |
| --- | --- | --- |

(7)

Annex XII is amended as follows:

(a)

point 2.2.2 is replaced by the following:

2.2.2.   For LPG and NG, the fuel to be used must be the one chosen by the manufacturer for the measurement of the net power in accordance with Annex XX to this Regulation. The chosen fuel shall be specified in the information document set out in Appendix 3 of Annex I to this Regulation.’;

| (b) | point 2.3 is replaced by the following:
  2.3.   Point 5.2.4 of UNECE Regulation No 101 shall be understood as:






  (1) | density: measured on the test fuel according to ISO 3675 or an equivalent method. For petrol, diesel, biodiesel and ethanol (E85 end E75), the density measured at 15 °C will be used; for LPG and natural gas/biomethane a reference density shall be used, as follows: | 0,538 kg/litre for LPG, |
| --- | --- | --- | --- |

(b)

point 2.3 is replaced by the following:

2.3.   Point 5.2.4 of UNECE Regulation No 101 shall be understood as:

(1)

density: measured on the test fuel according to ISO 3675 or an equivalent method. For petrol, diesel, biodiesel and ethanol (E85 end E75), the density measured at 15 °C will be used; for LPG and natural gas/biomethane a reference density shall be used, as follows:

0,538 kg/litre for LPG,

| | 0,654 kg/m3 for NG (mean value of G20 and G23 reference fuels at 15 °C.) |
| --- | --- |

0,654 kg/m3 for NG (mean value of G20 and G23 reference fuels at 15 °C.)

| (2) | hydrogen-carbon-oxygen ratio: the following fixed values shall be used: | C1H1,89O0,016 for petrol (E5), |
| --- | --- | --- |

(2)

hydrogen-carbon-oxygen ratio: the following fixed values shall be used:

C1H1,89O0,016 for petrol (E5),

| | C1H1,93O0,033 for petrol (E10), |
| --- | --- |

C1H1,93O0,033 for petrol (E10),

| | C1H1,86O0,005 for diesel (B5), |
| --- | --- |

C1H1,86O0,005 for diesel (B5),

| | C1H1,86O0,007 for diesel (B7), |
| --- | --- |

C1H1,86O0,007 for diesel (B7),

| | C1H2,525 for LPG (liquefied petroleum gas), |
| --- | --- |

C1H2,525 for LPG (liquefied petroleum gas),

| | CH4 for NG (natural gas) and biomethane, |
| --- | --- |

CH4 for NG (natural gas) and biomethane,

| | C1H2,74O0,385 for ethanol (E85), |
| --- | --- |

C1H2,74O0,385 for ethanol (E85),

| | C1H2,61O0,329 for ethanol (E75).’; |
| --- | --- |

C1H2,61O0,329 for ethanol (E75).’;

| (c) | point 3.3 is replaced by the following:
  3.3.   In Annex 6 of UN/ECE Regulation 101, section 1.4.3 shall be replaced by the following:






  1.4.3. | The fuel consumption, expressed in litres per 100 km (in the case of petrol (E5/E10), LPG, ethanol (E85) and diesel (B5/B7)), in m3 per 100 km (in the case of NG/biomethane and H2NG) or in kg per 100 km (in the case of hydrogen) is calculated by means of the following formulae:






  (a) | for vehicles with a positive ignition engine fuelled with petrol (E5): |
| --- | --- | --- | --- |

(c)

point 3.3 is replaced by the following:

3.3.   In Annex 6 of UN/ECE Regulation 101, section 1.4.3 shall be replaced by the following:

1.4.3.

The fuel consumption, expressed in litres per 100 km (in the case of petrol (E5/E10), LPG, ethanol (E85) and diesel (B5/B7)), in m3 per 100 km (in the case of NG/biomethane and H2NG) or in kg per 100 km (in the case of hydrogen) is calculated by means of the following formulae:

(a)

for vehicles with a positive ignition engine fuelled with petrol (E5):

Formula

| (b) | for vehicles with a positive ignition engine fuelled with petrol (E10): |
| --- | --- |

(b)

for vehicles with a positive ignition engine fuelled with petrol (E10):

Formula

| (c) | for vehicles with a positive ignition engine fuelled with LPG:





  If the composition of the fuel used for the test differs from the composition that is assumed for the calculation of the normalised consumption, on the manufacturer’s request a correction factor cf may be applied, as follows:





  The correction factor cf, which may be applied, is determined as follows:





  where:

  nactual
  = the actual H/C ratio of the fuel used |
| --- | --- |

(c)

for vehicles with a positive ignition engine fuelled with LPG:

Formula

If the composition of the fuel used for the test differs from the composition that is assumed for the calculation of the normalised consumption, on the manufacturer’s request a correction factor cf may be applied, as follows:

Formula

The correction factor cf, which may be applied, is determined as follows:

Formula

where:

nactual
  = the actual H/C ratio of the fuel used

| (d) | for vehicles with a positive ignition engine fuelled with NG/biomethane: |
| --- | --- |

(d)

for vehicles with a positive ignition engine fuelled with NG/biomethane:

Formula

| (e) | for vehicles with a positive ignition engine fuelled with ethanol (E85): |
| --- | --- |

(e)

for vehicles with a positive ignition engine fuelled with ethanol (E85):

Formula

| (f) | for vehicles with a compression ignition engine fuelled with diesel (B5): |
| --- | --- |

(f)

for vehicles with a compression ignition engine fuelled with diesel (B5):

Formula

| (g) | for vehicles with a compression ignition engine fuelled with diesel (B7): |
| --- | --- |

(g)

for vehicles with a compression ignition engine fuelled with diesel (B7):

Formula

| (h) | for vehicles with a positive ignition engine fuelled by H2NG: |
| --- | --- |

(h)

for vehicles with a positive ignition engine fuelled by H2NG:

Formula

| (i) | for vehicles fuelled by gaseous hydrogen:





  Under previous agreement with the type-approval authority, and for vehicles fuelled either by gaseous or liquid hydrogen, the manufacturer may choose as alternative to the method above, either the formula





  or a method according to standard protocols such as SAE J2572.
  In these formulae:

  FC= the fuel consumption in litre per 100 km (in the case of petrol, ethanol, LPG, diesel or biodiesel) in m3 per 100 km (in the case of natural gas and H2NG) or in kg per 100 km in the case of hydrogen.

  HC= the measured emission of hydrocarbons in g/km

  CO= the measured emission of carbon monoxide in g/km

  CO2
  = the measured emission of carbon dioxide in g/km

  H2O= the measured emission of H2O in g/km

  H2
  = the measured emission of H2 in g/km

  A= quantity of NG/biomethane within the H2NG mixture, expressed in per cent volume

  D= the density of the test fuel.
  In the case of gaseous fuels D is the density at 15 °C.

  d= the theoretical distance covered by a vehicle tested under the type 1 test in km.

  p1
  = pressure in gaseous fuel tank before the operating cycle in Pa;

  p2
  = pressure in gaseous fuel tank after the operating cycle in Pa;

  T1
  = temperature in gaseous fuel tank before the operating cycle in K.

  T2
  = temperature in gaseous fuel tank after the operating cycle in K.

  Z1
  = compressibility factor of the gaseous fuel at p1 and T1


  Z2
  = compressibility factor of the gaseous fuel at p2 and T2


  V= inner volume of the gaseous fuel tank in m 3
  The compressibility factor shall be obtained from the following table:
























  T(k)
  p(bar)\ | 33 | 53 | 73 | 93 | 113 | 133 | 153 | 173 | 193 | 213 | 233 | 248 | 263 | 278 | 293 | 308 | 323 | 338 | 353 |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 5 | 0,8589 | 0,9651 | 0,9888 | 0,9970 | 1,0004 | 1,0019 | 1,0026 | 1,0029 | 1,0030 | 1,0028 | 1,0035 | 1,0034 | 1,0033 | 1,0032 | 1,0031 | 1,0030 | 1,0029 | 1,0028 | 1,0027 |
| 100 | 1,0508 | 0,9221 | 0,9911 | 1,0422 | 1,0659 | 1,0757 | 1,0788 | 1,0785 | 1,0765 | 1,0705 | 1,0712 | 1,0687 | 1,0663 | 1,0640 | 1,0617 | 1,0595 | 1,0574 | 1,0554 | 1,0535 |
| 200 | 1,8854 | 1,4158 | 1,2779 | 1,2334 | 1,2131 | 1,1990 | 1,1868 | 1,1757 | 1,1653 | 1,1468 | 1,1475 | 1,1413 | 1,1355 | 1,1300 | 1,1249 | 1,1201 | 1,1156 | 1,1113 | 1,1073 |
| 300 | 2,6477 | 1,8906 | 1,6038 | 1,4696 | 1,3951 | 1,3471 | 1,3123 | 1,2851 | 1,2628 | 1,2276 | 1,2282 | 1,2173 | 1,2073 | 1,1982 | 1,1897 | 1,1819 | 1,1747 | 1,1680 | 1,1617 |
| 400 | 3,3652 | 2,3384 | 1,9225 | 1,7107 | 1,5860 | 1,5039 | 1,4453 | 1,4006 | 1,3651 | 1,3111 | 1,3118 | 1,2956 | 1,2811 | 1,2679 | 1,2558 | 1,2448 | 1,2347 | 1,2253 | 1,2166 |
| 500 | 4,0509 | 2,7646 | 2,2292 | 1,9472 | 1,7764 | 1,6623 | 1,5804 | 1,5183 | 1,4693 | 1,3962 | 1,3968 | 1,3752 | 1,3559 | 1,3385 | 1,3227 | 1,3083 | 1,2952 | 1,2830 | 1,2718 |
| 600 | 4,7119 | 3,1739 | 2,5247 | 2,1771 | 1,9633 | 1,8190 | 1,7150 | 1,6361 | 1,5739 | 1,4817 | 1,4823 | 1,4552 | 1,4311 | 1,4094 | 1,3899 | 1,3721 | 1,3559 | 1,3410 | 1,3272 |
| 700 | 5,3519 | 3,5697 | 2,8104 | 2,4003 | 2,1458 | 1,9730 | 1,8479 | 1,7528 | 1,6779 | 1,5669 | 1,5675 | 1,5350 | 1,5062 | 1,4803 | 1,4570 | 1,4358 | 1,4165 | 1,3988 | 1,3826 |
| 800 | 5,9730 | 3,9541 | 3,0877 | 2,6172 | 2,3239 | 2,1238 | 1,9785 | 1,8679 | 1,7807 | 1,6515 | 1,6521 | 1,6143 | 1,5808 | 1,5508 | 1,5237 | 1,4992 | 1,4769 | 1,4565 | 1,4377 |
| 900 | 6,5759 | 4,3287 | 3,3577 | 2,8286 | 2,4978 | 2,2714 | 2,1067 | 1,9811 | 1,8820 | 1,7352 | 1,7358 | 1,6929 | 1,6548 | 1,6207 | 1,5900 | 1,5623 | 1,5370 | 1,5138 | 1,4926 |

(i)

for vehicles fuelled by gaseous hydrogen:

Formula

Under previous agreement with the type-approval authority, and for vehicles fuelled either by gaseous or liquid hydrogen, the manufacturer may choose as alternative to the method above, either the formula

Formula

or a method according to standard protocols such as SAE J2572.

In these formulae:

FC= the fuel consumption in litre per 100 km (in the case of petrol, ethanol, LPG, diesel or biodiesel) in m3 per 100 km (in the case of natural gas and H2NG) or in kg per 100 km in the case of hydrogen.

HC= the measured emission of hydrocarbons in g/km

CO= the measured emission of carbon monoxide in g/km

CO2
  = the measured emission of carbon dioxide in g/km

H2O= the measured emission of H2O in g/km

H2
  = the measured emission of H2 in g/km

A= quantity of NG/biomethane within the H2NG mixture, expressed in per cent volume

D= the density of the test fuel.

In the case of gaseous fuels D is the density at 15 °C.

d= the theoretical distance covered by a vehicle tested under the type 1 test in km.

p1
  = pressure in gaseous fuel tank before the operating cycle in Pa;

p2
  = pressure in gaseous fuel tank after the operating cycle in Pa;

T1
  = temperature in gaseous fuel tank before the operating cycle in K.

T2
  = temperature in gaseous fuel tank after the operating cycle in K.

Z1
  = compressibility factor of the gaseous fuel at p1 and T1

Z2
  = compressibility factor of the gaseous fuel at p2 and T2

V= inner volume of the gaseous fuel tank in m 3

The compressibility factor shall be obtained from the following table:

T(k)

p(bar)\

33

53

73

93

113

133

153

173

193

213

233

248

263

278

293

308

323

338

353

5

0,8589

0,9651

0,9888

0,9970

1,0004

1,0019

1,0026

1,0029

1,0030

1,0028

1,0035

1,0034

1,0033

1,0032

1,0031

1,0030

1,0029

1,0028

1,0027

100

1,0508

0,9221

0,9911

1,0422

1,0659

1,0757

1,0788

1,0785

1,0765

1,0705

1,0712

1,0687

1,0663

1,0640

1,0617

1,0595

1,0574

1,0554

1,0535

200

1,8854

1,4158

1,2779

1,2334

1,2131

1,1990

1,1868

1,1757

1,1653

1,1468

1,1475

1,1413

1,1355

1,1300

1,1249

1,1201

1,1156

1,1113

1,1073

300

2,6477

1,8906

1,6038

1,4696

1,3951

1,3471

1,3123

1,2851

1,2628

1,2276

1,2282

1,2173

1,2073

1,1982

1,1897

1,1819

1,1747

1,1680

1,1617

400

3,3652

2,3384

1,9225

1,7107

1,5860

1,5039

1,4453

1,4006

1,3651

1,3111

1,3118

1,2956

1,2811

1,2679

1,2558

1,2448

1,2347

1,2253

1,2166

500

4,0509

2,7646

2,2292

1,9472

1,7764

1,6623

1,5804

1,5183

1,4693

1,3962

1,3968

1,3752

1,3559

1,3385

1,3227

1,3083

1,2952

1,2830

1,2718

600

4,7119

3,1739

2,5247

2,1771

1,9633

1,8190

1,7150

1,6361

1,5739

1,4817

1,4823

1,4552

1,4311

1,4094

1,3899

1,3721

1,3559

1,3410

1,3272

700

5,3519

3,5697

2,8104

2,4003

2,1458

1,9730

1,8479

1,7528

1,6779

1,5669

1,5675

1,5350

1,5062

1,4803

1,4570

1,4358

1,4165

1,3988

1,3826

800

5,9730

3,9541

3,0877

2,6172

2,3239

2,1238

1,9785

1,8679

1,7807

1,6515

1,6521

1,6143

1,5808

1,5508

1,5237

1,4992

1,4769

1,4565

1,4377

900

6,5759

4,3287

3,3577

2,8286

2,4978

2,2714

2,1067

1,9811

1,8820

1,7352

1,7358

1,6929

1,6548

1,6207

1,5900

1,5623

1,5370

1,5138

1,4926

In the case that the needed input values for p and T are not indicated in the table, the compressibility factor shall be obtained by linear interpolation between the compressibility factors indicated in the table, choosing the ones that are the closest to the sought value.’

---

(7)  Delete where not applicable.’
  ’

---

(1)  Specific test procedures for hydrogen and flex fuel biodiesel vehicles will be defined at a later stage.

(2)  When a bi-fuel vehicle is combined with a flex fuel vehicle, both test requirements are applicable.

(3)  This provision is temporary, further requirements for biodiesel shall be proposed later on.

(4)  Test on petrol only before the dates set out in Article 10(6) of Regulation (EC) No 715/2007. The test will be performed on both fuels after these dates. The E75 test reference fuel specified in Annex IX, Section B, shall be used.

(5)  Only NOx emissions shall be determined when the vehicle is running on hydrogen.

(6)  Upon the choice of the manufacturer vehicles with positive and compression ignition engines may be tested with either E5 or E10 and either B5 or B7 fuels, respectively. However:

| — | Not later than sixteen months after the dates set out in Article 10(4) of Regulation (EC) No 715/2007, new type -approvals shall only be performed with E10 and B7 fuels, |
| --- | --- |

—

Not later than sixteen months after the dates set out in Article 10(4) of Regulation (EC) No 715/2007, new type -approvals shall only be performed with E10 and B7 fuels,

| — | Not later than three years after the dates set out in Article 10(5) of Regulation (EC) No 715/2007, all new vehicles shall be type-approved with E10 and B7 fuels.’ |
| --- | --- |

—

Not later than three years after the dates set out in Article 10(5) of Regulation (EC) No 715/2007, all new vehicles shall be type-approved with E10 and B7 fuels.’

(8)  The values quoted in the specifications are “true values”. In establishment of their limit values the terms of ISO 4259 Petroleum products - Determination and application of precision data in relation to methods of test have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account; in fixing a maximum and minimum value, the minimum difference is 4R (R = reproducibility). Notwithstanding this measure, which is necessary for technical reasons, the manufacturer of fuels shall nevertheless aim at a zero value where the stipulated maximum value is 2R and at the mean value in the case of quotations of maximum and minimum limits. Should it be necessary to clarify whether a fuel meets the requirements of the specifications, the terms of ISO 4259 shall be applied.

(9)  A correction factor of 0,2 for MON and RON shall be subtracted for the calculation of the final result in accordance with EN 228:2008.

(10)  The fuel may contain oxidation inhibitors and metal deactivators normally used to stabilise refinery gasoline streams, but detergent/dispersive additives and solvent oils shall not be added.

(11)  Ethanol is the only oxygenate that shall be intentionally added to the reference fuel. The Ethanol used shall conform to EN 15376.

(12)  The actual sulphur content of the fuel used for the Type 1 test shall be reported.

(13)  There shall be no intentional addition of compounds containing phosphorus, iron, manganese, or lead to this reference fuel.’

(14)  The values quoted in the specifications are “true values”. In establishment of their limit values the terms of ISO 4259 Petroleum products – Determination and application of precision data in relation to methods of test have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account; in fixing a maximum and minimum value, the minimum difference is 4R (R = reproducibility). Notwithstanding this measure, which is necessary for technical reasons, the manufacturer of fuels shall nevertheless aim at a zero value where the stipulated maximum value is 2R and at the mean value in the case of quotations of maximum and minimum limits. Should it be necessary to clarify whether a fuel meets the requirements of the specifications, the terms of ISO 4259 shall be applied.

(15)  The range for cetane number is not in accordance with the requirements of a minimum range of 4R. However, in the case of a dispute between fuel supplier and fuel user, the terms of ISO 4259 may be used to resolve such disputes provided replicate measurements, of sufficient number to archive the necessary precision, are made in preference to single determinations.

(16)  Even though oxidation stability is controlled, it is likely that shelf life will be limited. Advice shall be sought from the supplier as to storage conditions and life.

(17)  FAME content to meet the specification of EN 14214.’

(18)  The values quoted in the specifications are “true values”. In establishment of their limit values the terms of ISO 4259 Petroleum products - Determination and application of precision data in relation to methods of test have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account; in fixing a maximum and minimum value, the minimum difference is 4R (R = reproducibility). Notwithstanding this measure, which is necessary for technical reasons, the manufacturer of fuels shall nevertheless aim at a zero value where the stipulated maximum value is 2R and at the mean value in the case of quotations of maximum and minimum limits. Should it be necessary to clarify whether a fuel meets the requirements of the specifications, the terms of ISO 4259 shall be applied.

(19)  A correction factor of 0,2 for MON and RON shall be subtracted for the calculation of the final result in accordance with EN 228:2008.

(20)  The fuel may contain oxidation inhibitors and metal deactivators normally used to stabilise refinery gasoline streams, but detergent/dispersive additives and solvent oils shall not be added.

(21)  Ethanol is the only oxygenate that shall be intentionally added to the reference fuel. The ethanol used shall conform to EN 15376.

(22)  The actual sulphur content of the fuel used for the Type 6 test shall be reported.

(23)  There shall be no intentional addition of compounds containing phosphorus, iron, manganese, or lead to this reference fuel.’

(24)  Positive ignition particulate mass and number limits apply only to vehicles with direct injection engines.’

(25)  Positive ignition particulate mass limits apply only to vehicles with direct injection engines.’

---

ANNEX III

‘ANNEX XX

MEASUREMENT OF NET ENGINE POWER, NET POWER AND THE MAXIMUM 30 MINUTES POWER OF ELECTRIC DRIVE TRAIN

1.   INTRODUCTION

This Annex sets out requirements for measuring net engine power, net power and the maximum 30 minutes power of electric drive train.

2.   GENERAL SPECIFICATIONS

2.1   The general specifications for conducting the tests and interpreting the results are those set out in paragraph 5 of UNECE Regulation No 85 (1), with the exceptions specified in this Annex.

2.2   Test fuel

Paragraphs 5.2.3.1., 5.2.3.2.1., 5.2.3.3.1., and 5.2.3.4. of UNECE Regulation No 85 shall be understood as follows:

The fuel used shall be the one available on the market. In any case of dispute, the fuel shall be the appropriate reference fuel specified in Annex IX to the Regulation (EC) No 692/2008.

2.3   Power correction factors

By way of derogation from paragraph 5.1 of Annex V to UNECE Regulation No 85, when a turbo-charged engine is fitted with a system which allows compensating the ambient conditions temperature and altitude, at the request of the manufacturer, the correction factors αa or αd shall be set to the value of 1.

---

(1)  
  OJ L 326, 24.11.2006, p. 55.’

1

---

ANNEX IV

Amendments to Regulation (EU) No 582/2011

Regulation (EU) No 582/2011 is amended as follows:

| (1) | Annex VIII is amended as follows:






  (a) | In Appendix 1, point 2.1.2.(2) is replaced by the following:






  ‘(2) | hydrogen-carbon-oxygen ratio: fixed values shall be used which are:
  C1H1,93O0,033 for petrol (E10),
  C1H1,86O0,007 for diesel (B7),
  C1H2,525 for LPG (liquefied petroleum gas),
  CH4 for NG (natural gas) and biomethane,
  C1H2,74O0,385 for ethanol (E85),
  C1H2,92O0,046 for ethanol for dedicated C.I. engines (ED95).’ |
| --- | --- | --- | --- |

(1)

Annex VIII is amended as follows:

(a)

In Appendix 1, point 2.1.2.(2) is replaced by the following:

‘(2)

hydrogen-carbon-oxygen ratio: fixed values shall be used which are:

C1H1,93O0,033 for petrol (E10),

C1H1,86O0,007 for diesel (B7),

C1H2,525 for LPG (liquefied petroleum gas),

CH4 for NG (natural gas) and biomethane,

C1H2,74O0,385 for ethanol (E85),

C1H2,92O0,046 for ethanol for dedicated C.I. engines (ED95).’

| (b) | In Appendix 1, point 2.1.3.(a) is replaced by the following:






  ‘(a) | for vehicles with a positive ignition engine fuelled with petrol (E10):




  ’ |
| --- | --- | --- |

(b)

In Appendix 1, point 2.1.3.(a) is replaced by the following:

‘(a)

for vehicles with a positive ignition engine fuelled with petrol (E10):

Formula

  ’

| (c) | In Appendix 1, point 2.1.3.(e) is replaced by the following:






  ‘(e) | for vehicles with a compression-ignition engine fuelled with diesel (B7):




  ’ |
| --- | --- | --- |

(c)

In Appendix 1, point 2.1.3.(e) is replaced by the following:

‘(e)

for vehicles with a compression-ignition engine fuelled with diesel (B7):

Formula

  ’

| (2) | Annex IX is amended as follows:






  (a) | In the section ‘Technical data on fuels for testing compression-ignition engines’, the table with the title ‘Type Diesel (B7)’ is replaced by the following table:
  ‘Type: Diesel (B7)









  Parameter | Unit | Limits (1) | Test method |
| --- | --- | --- | --- | --- | --- |
| Minimum | Maximum |
| Cetane Index | | 46,0 | | EN ISO 4264 |
| Cetane number (2) | | 52,0 | 56,0 | EN ISO 5165 |
| Density at 15 °C | kg/m3 | 833,0 | 837,0 | EN ISO 12185 |
| Distillation: | | | | |
| — | 50 % point |

(2)

Annex IX is amended as follows:

(a)

In the section ‘Technical data on fuels for testing compression-ignition engines’, the table with the title ‘Type Diesel (B7)’ is replaced by the following table:

‘Type: Diesel (B7)

Parameter

Unit

Limits (1)

Test method

Minimum

Maximum

Cetane Index

46,0

EN ISO 4264

Cetane number (2)

52,0

56,0

EN ISO 5165

Density at 15 °C

kg/m3

833,0

837,0

EN ISO 12185

Distillation:

—

50 % point

°C

245,0

—

EN ISO 3405

| — | 95 % point |
| --- | --- |

—

95 % point

°C

345,0

360,0

EN ISO 3405

| — | final boiling point |
| --- | --- |

—

final boiling point

°C

—

370,0

EN ISO 3405

Flash point

°C

55

—

EN ISO 2719

Cloud point

°C

—

–10

EN 23015

Viscosity at 40 °C

mm2/s

2,30

3,30

EN ISO 3104

Polycyclic aromatic hydrocarbons

% m/m

2,0

4,0

EN 12916

Sulphur content

mg/kg

—

10,0

EN ISO 20846

EN ISO 20884

Copper corrosion 3hrs, 50 °C

—

Class 1

EN ISO 2160

Conradson carbon residue (10 % DR)

% m/m

—

0,20

EN ISO 10370

Ash content

% m/m

—

0,010

EN ISO 6245

Total contamination

mg/kg

—

24

EN 12662

Water content

mg/kg

—

200

EN ISO 12937

Acid number

mg KOH/g

—

0,10

EN ISO 6618

Lubricity (HFRR wear scan diameter at 60 °C)

μm

—

400

EN ISO 12156

Oxidation stability at 110 °C (3)

h

20,0

EN 15751

FAME (4)

% v/v

6,0

7,0

EN 14078

| (b) | In the section ‘Technical data on fuels for testing positive-ignition engines’, the table with the title ‘Type Petrol (E10)’ is replaced by the following:
  ‘Type: Petrol (E10)









  Parameter | Unit | Limits (5) | Test method |
| --- | --- | --- | --- | --- |
| Minimum | Maximum |
| Research octane number, RON (6) | | 95,0 | 98,0 | EN ISO 5164 |
| Motor octane number, MON (6) | | 85,0 | 89,0 | EN ISO 5163 |
| Density at 15 °C | kg/m3 | 743,0 | 756,0 | EN ISO 12185 |
| Vapour pressure (DVPE) | kPa | 56,0 | 60,0 | EN 13016-1 |
| Water content | | max 0,05 % v/v
  Appearance at – 7 °C: clear and bright | EN 12937 |
| Distillation: | | | | |
| — | evaporated at 70 °C |

(b)

In the section ‘Technical data on fuels for testing positive-ignition engines’, the table with the title ‘Type Petrol (E10)’ is replaced by the following:

‘Type: Petrol (E10)

Parameter

Unit

Limits (5)

Test method

Minimum

Maximum

Research octane number, RON (6)

95,0

98,0

EN ISO 5164

Motor octane number, MON (6)

85,0

89,0

EN ISO 5163

Density at 15 °C

kg/m3

743,0

756,0

EN ISO 12185

Vapour pressure (DVPE)

kPa

56,0

60,0

EN 13016-1

Water content

max 0,05 % v/v

Appearance at – 7 °C: clear and bright

EN 12937

Distillation:

—

evaporated at 70 °C

% v/v

34,0

46,0

EN ISO 3405

| — | evaporated at 100 °C |
| --- | --- |

—

evaporated at 100 °C

% v/v

54,0

62,0

EN ISO 3405

| — | evaporated at 150 °C |
| --- | --- |

—

evaporated at 150 °C

% v/v

86,0

94,0

EN ISO 3405

| — | final boiling point |
| --- | --- |

—

final boiling point

°C

170

195

EN ISO 3405

Residue

% v/v

—

2,0

EN ISO 3405

Hydrocarbon analysis:

| — | olefins |
| --- | --- |

—

olefins

% v/v

6,0

13,0

EN 22854

| — | aromatics |
| --- | --- |

—

aromatics

% v/v

25,0

32,0

EN 22854

| — | benzene |
| --- | --- |

—

benzene

% v/v

—

1,00

EN 22854 EN 238

| — | saturates |
| --- | --- |

—

saturates

% v/v

report

EN 22854

Carbon/hydrogen ratio

report

Carbon/oxygen ratio

report

Induction Period (7)

minutes

480

—

EN ISO 7536

Oxygen content (8)

% m/m

3,3

3,7

EN 22854

Solvent washed gum (Existent gum content)

mg/100 ml

—

4

EN ISO 6246

Sulphur content (9)

mg/kg

—

10

EN ISO 20846

EN ISO 20884

Copper corrosion 3hrs, 50 °C

—

class 1

EN ISO 2160

Lead content

mg/l

—

5

EN 237

Phosphorus content (10)

mg/l

—

1,3

ASTM D 3231

Ethanol (8)

% v/v

9,0

10,0

EN 22854

| (2) | Equivalent EN/ISO methods will be adopted when issued for properties listed above. |
| --- | --- |

(2)

Equivalent EN/ISO methods will be adopted when issued for properties listed above.

---

(1)  The values quoted in the specifications are “true values”. In establishment of their limit values the terms of ISO 4259 Petroleum products – Determination and application of precision data in relation to methods of test have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account; in fixing a maximum and minimum value, the minimum difference is 4R (R = reproducibility). Notwithstanding this measure, which is necessary for technical reasons, the manufacturer of fuels shall nevertheless aim at a zero value where the stipulated maximum value is 2R and at the mean value in the case of quotations of maximum and minimum limits. Should it be necessary to clarify whether a fuel meets the requirements of the specifications, the terms of ISO 4259 shall be applied.

(2)  The range for cetane number is not in accordance with the requirements of a minimum range of 4R. However, in the case of a dispute between fuel supplier and fuel user, the terms of ISO 4259 may be used to resolve such disputes provided replicate measurements, of sufficient number to archive the necessary precision, are made in preference to single determinations.

(3)  Even though oxidation stability is controlled, it is likely that shelf life will be limited. Advice shall be sought from the supplier as to storage conditions and life.

(4)  FAME content to meet the specification of EN 14214.’

(5)  The values quoted in the specifications are “true values”. In establishment of their limit values the terms of ISO 4259 Petroleum products - Determination and application of precision data in relation to methods of test have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account; in fixing a maximum and minimum value, the minimum difference is 4R (R = reproducibility). Notwithstanding this measure, which is necessary for technical reasons, the manufacturer of fuels shall nevertheless aim at a zero value where the stipulated maximum value is 2R and at the mean value in the case of quotations of maximum and minimum limits. Should it be necessary to clarify whether a fuel meets the requirements of the specifications, the terms of ISO 4259 shall be applied.

(6)  A correction factor of 0,2 for MON and RON shall be subtracted for the calculation of the final result in accordance with EN 228:2008.

(7)  The fuel may contain oxidation inhibitors and metal deactivators normally used to stabilise refinery gasoline streams, but detergent/dispersive additives and solvent oils shall not be added.

(8)  Ethanol is the only oxygenate that shall be intentionally added to the reference fuel. The ethanol used shall conform to EN 15376.

(9)  The actual sulphur content of the fuel used for the Type 6 test shall be reported.

(10)  There shall be no intentional addition of compounds containing phosphorus, iron, manganese, or lead to this reference fuel.’

---

| 13.2.2014 | EN | Official Journal of the European Union | L 43/47 |
| --- | --- | --- | --- |

13.2.2014

EN

Official Journal of the European Union

L 43/47

---

COMMISSION IMPLEMENTING REGULATION (EU) No 137/2014

of 12 February 2014

amending Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (1), in particular Article 30 thereof,

Whereas:

| (1) | Chapter V of Regulation (EC) No 1005/2008 lays down procedures for the identification of fishing vessels engaged in illegal, unreported and unregulated fishing (IUU fishing vessels) as well as procedures for establishing a Union list of such vessels. Article 37 of that Regulation provides for actions to be taken against fishing vessels included in that list. |
| --- | --- |

(1)

Chapter V of Regulation (EC) No 1005/2008 lays down procedures for the identification of fishing vessels engaged in illegal, unreported and unregulated fishing (IUU fishing vessels) as well as procedures for establishing a Union list of such vessels. Article 37 of that Regulation provides for actions to be taken against fishing vessels included in that list.

| (2) | The Union list of IUU fishing vessels was established by Commission Regulation (EU) No 468/2010 (2) and subsequently amended by Implementing Regulations (EU) No 724/2011 (3), (EU) No 1234/2012 (4) and (EU) No 672/2013 (5). |
| --- | --- |

(2)

The Union list of IUU fishing vessels was established by Commission Regulation (EU) No 468/2010 (2) and subsequently amended by Implementing Regulations (EU) No 724/2011 (3), (EU) No 1234/2012 (4) and (EU) No 672/2013 (5).

| (3) | According to Article 30(1) of Regulation (EC) No 1005/2008, the Union list should comprise fishing vessels included in the IUU vessel lists adopted by regional fisheries management organisations. |
| --- | --- |

(3)

According to Article 30(1) of Regulation (EC) No 1005/2008, the Union list should comprise fishing vessels included in the IUU vessel lists adopted by regional fisheries management organisations.

| (4) | All regional fishery management organisations provide for the establishment and regular up-date of IUU vessel lists in accordance with their respective rules (6). |
| --- | --- |

(4)

All regional fishery management organisations provide for the establishment and regular up-date of IUU vessel lists in accordance with their respective rules (6).

| (5) | According to Article 30 of Regulation (EC) No 1005/2008, upon the receipt from regional fisheries management organisations of the lists of fishing vessels presumed or confirmed to be involved in the IUU fishing, the Commission shall update the Union list. |
| --- | --- |

(5)

According to Article 30 of Regulation (EC) No 1005/2008, upon the receipt from regional fisheries management organisations of the lists of fishing vessels presumed or confirmed to be involved in the IUU fishing, the Commission shall update the Union list.

| (6) | The Commission has received the updated lists from the regional fisheries management organisations. |
| --- | --- |

(6)

The Commission has received the updated lists from the regional fisheries management organisations.

| (7) | The vessel the ‘Marta Lucia R’, which was on the lists established or amended by Regulation (EU) No 468/2010 and Implementing Regulations (EU) No 724/2011, (EU) No 1234/2012 and (EU) No 672/2013, has been removed from their list by the Inter-American Tropical Tuna Commission (IATTC) at its meeting of 10 to 14 June 2013 and by the International Commission for the Conservation of Atlantic Tunas (ICCAT) by its circular letter of 20 August 2013. This vessel should be considered as removed from the Union list as of 20 August 2013. |
| --- | --- |

(7)

The vessel the ‘Marta Lucia R’, which was on the lists established or amended by Regulation (EU) No 468/2010 and Implementing Regulations (EU) No 724/2011, (EU) No 1234/2012 and (EU) No 672/2013, has been removed from their list by the Inter-American Tropical Tuna Commission (IATTC) at its meeting of 10 to 14 June 2013 and by the International Commission for the Conservation of Atlantic Tunas (ICCAT) by its circular letter of 20 August 2013. This vessel should be considered as removed from the Union list as of 20 August 2013.

| (8) | The vessel the ‘RED’, which was on the lists established or amended by Regulation (EU) No 468/2010 and Implementing Regulations (EU) No 724/2011, (EU) No 1234/2012 and (EU) No 672/2013, has been removed from their list by the North East Atlantic Fisheries Commission (NEAFC) on 14 November 2012, by the Northwest Atlantic Fisheries Organization (NAFO) on 21 December 2012 and by the South East Atlantic Fisheries Organisation (SEAFO) at its Compliance Committee Meeting of 11 December 2013. This vessel should be considered as removed from the Union list as of 11 December 2013. |
| --- | --- |

(8)

The vessel the ‘RED’, which was on the lists established or amended by Regulation (EU) No 468/2010 and Implementing Regulations (EU) No 724/2011, (EU) No 1234/2012 and (EU) No 672/2013, has been removed from their list by the North East Atlantic Fisheries Commission (NEAFC) on 14 November 2012, by the Northwest Atlantic Fisheries Organization (NAFO) on 21 December 2012 and by the South East Atlantic Fisheries Organisation (SEAFO) at its Compliance Committee Meeting of 11 December 2013. This vessel should be considered as removed from the Union list as of 11 December 2013.

| (9) | Considering that the same vessel might be listed under different names and/or flags depending on the time of its inclusion on the regional fisheries management organisations lists, the updated Union list should include the different names and/or flags as established by the respective regional fisheries management organisations. |
| --- | --- |

(9)

Considering that the same vessel might be listed under different names and/or flags depending on the time of its inclusion on the regional fisheries management organisations lists, the updated Union list should include the different names and/or flags as established by the respective regional fisheries management organisations.

| (10) | Regulation (EU) No 468/2010 should therefore be amended accordingly. |
| --- | --- |

(10)

Regulation (EU) No 468/2010 should therefore be amended accordingly.

| (11) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture, |
| --- | --- |

(11)

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

HAS ADOPTED THIS REGULATION:

Article 1

Part B of the Annex to Regulation (EU) No 468/2010 is replaced by the text in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 12 February 2014.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 286, 29.10.2008, p. 1.

1

(2)  
  OJ L 131, 29.5.2010, p. 22.

2

(3)  
  OJ L 194, 26.7.2011, p. 14.

3

(4)  
  OJ L 350, 20.12.2012, p. 38.

4

(5)  
  OJ L 193, 16.7.2013, p. 6.

5

(6)  Last updates: CCAMLR: 2013/2014 IUU list as adopted at annual meeting CCAMLR-XXXII 23 October-14 November 2013; SEAFO: SEAFO includes in its IUU list CCAMLR, NEAFC-B and NAFO lists (as adopted at its Compliance Committee on 11 December 2013); ICCAT: 2013 IUU List as adopted at annual meeting in November 2013 (Recommendation 11-18); IATTC: 2013 list as adopted in 85th meeting of IATTC in June 2013; NEAFC: IUU B list AM 2011-18 as maintained at 32nd annual meeting November 2013; NAFO: 2013 list as adopted at 35th annual meeting September 2013; WCPFC: WCPFC IUU vessel list for 2014, effective from 6 February 2014, 60 days after WCPFC10, IOTC: IOTC IUU Vessels List, reviewed at the 17th Session of the IOTC, 6-10 May 2013.

6

th

nd

th

th

---

ANNEX

‘PART B

Vessels listed in accordance with Article 30 of Regulation (EC) No 1005/2008

| IMO (1) ship identification number/RFMO Reference | Vessel’s name (previous name) (2) | Flag State or Flag Territory [according to a RFMO] (2) | Listed in RFMO (2) |
| --- | --- | --- | --- |
| 20060010 [ICCAT] | ACROS No 2 | Unknown (latest known flag: Honduras) | ICCAT |
| 20060009 [ICCAT] | ACROS No 3 | Unknown (latest known flag: Honduras) | ICCAT |
| 7306570 | ALBORAN II (WHITE ENTERPRISE [NAFO, NEAFC]/WHITE, ENTERPRISE, ENXEMBRE, ATALAYA, REDA IV, ATALAYA DEL SUR [SEAFO]) | Unknown (latest known flags: Panama, Saint Kitts and Nevis) [NAFO, NEAFC]/Panama (previous flags: Saint Kitts and Nevis, Gibraltar) [SEAFO] | NEAFC, NAFO, SEAFO |
| 7424891 | ALDABRA (OMOA I [CCAMLR]/OMOA 1 [SEAFO]) | Unknown (latest known flags: Tanzania, Honduras) [CCAMLR]/Tanzania (previous flags: Honduras, Togo) [SEAFO] | CCAMLR, SEAFO |
| 7036345 | AMORINN (ICEBERG II, LOME, NOEMI) | Unknown (latest known flags: Togo, Belize) | CCAMLR, SEAFO |
| 8713392 | BERBER (SNAKE, OCTOPUS I, PION, THE BIRD, CHU LIM, YIN PENG, THOR 33, ULYSES, GALE, SOUTH BOY, PISCIS) [CCAMLR]/SNAKE (OCTOPUS 1, PISCIS, SOUTH BOY, GALE, ULYSES, THOR 33, YIN PENG, CHU LIM, THE BIRD, PION) [SEAFO] | Unknown (latest known flags: Libya, Mongolia, Honduras, North Korea (DPRK), Equatorial Guinea, Uruguay) [CCAMLR]/Libya (previous flag: Mongolia) [SEAFO] | CCAMLR, SEAFO |
| 12290 [IATTC]/20110011 [ICCAT] | BHASKARA No 10 | Unknown (latest known flag: Indonesia) | IATTC, ICCAT |
| 12291 [IATTC]/20110012 [ICCAT] | BHASKARA No 9 | Unknown (latest known flag: Indonesia) | IATTC, ICCAT |
| 20060001 [ICCAT] | BIGEYE | Unknown | ICCAT |
| 20040005 [ICCAT] | BRAVO | Unknown | ICCAT |
| 9407 [IATTC]/20110013 [ICCAT] | CAMELOT | Unknown | IATTC, ICCAT |
| 6622642 | CHALLENGE (PERSEVERANCE, MILA [CCAMLR]/MILA, ISLA, MONTANA CLARA, PERSEVERANCE [SEAFO]) | Unknown (latest known flags: Panama, Equatorial Guinea, United Kingdom) | CCAMLR, SEAFO |
| 7322897 | CHANG BAI (HOUGSHUI, HUANG HE 22, SIMA QIAN BARU 22, CORVUS, GALAXY, INA MAKA, BLACK MOON, RED MOON, EOLO, THULE, MAGNUS, DORITA [CCAMLR]/HUANG HE 22, SIMA QIAN BARU 22, DORITA, MAGNUS, THULE, EOLO, RED MOON, BLACK MOON, INA MAKA, GALAXY, CORVUS [SEAFO]) | Unknown (latest known flags: Tanzania, North Korea (DPRK), Panama, Sierra Leone, Equatorial Guinea, Saint Vincent and the Grenadines, Uruguay) [CCAMLR]/Tanzania (previous flags: Uruguay, Saint Vincent and the Grenadines, Equatorial Guinea, North Korea (DPRK), Sierra Leone, Panama) [SEAFO] | CCAMLR, SEAFO |
| 9042001 | CHENGDU (SHAANXI HENAN 33, XIONG NU BARU 33, DRACO I, LIBERTY, CHILBO SAN 33, HAMMER, SEO YANG No 88, CARRAN [CCAMLR]/SHAANXI HENAN 33, XIONG NU BARU 33, LIBERTY, CHILBO SAN 33, HAMMER, CARRAN, DRACO-1 [SEAFO]) | Unknown (latest known flags: Tanzania, Panama, Sierra Leone, North Korea (DPRK), Togo, Republic of Korea, Uruguay [CCAMLR])/Tanzania (previous flags: Uruguay, Togo, North Korea (DPRK), Panama) [SEAFO] | CCAMLR, SEAFO |
| 125, 280020064 [IATTC]/20110014 [ICCAT] | CHIA HAO No 66 | Unknown (latest known flag: Belize) | IATTC, ICCAT |
| 20080001 and previously AT000GUI000002 [ICCAT] | DANIAA (CARLOS) | Unknown (latest known flag: Republic of Guinea (Conakry)) | ICCAT |
| 8422852 | DOLPHIN (OGNEVKA) | Unknown (latest known flags: Russia, Georgia [NAFO, NEAFC]) | NEAFC, NAFO, SEAFO |
| 6163 [IATTC]/20130019 [ICCAT] | DRAGON III | Unknown | IATTC, ICCAT |
| 8604668 | EROS DOS (FURABOLOS) | Unknown (latest known flags: Panama, Seychelles) [NAFO, NEAFC]/Panama [SEAFO] | NEAFC, NAFO, SEAFO |
| 20130018 [ICCAT] | FULL RICH | Unknown (latest known flag: Belize) | IOTC, ICCAT |
| 7355662/20130015 [ICCAT] | FU LIEN No 1 | Georgia | WCPFC, ICCAT |
| 20130017 [ICCAT] | FU HSIANG FA No 21 | Unknown | IOTC, ICCAT |
| 200800005 previously AT000LIB00041 [ICCAT] | GALA I (MANARA II, ROAGAN) | Unknown (latest known flags: Libya, Isle of Man) | ICCAT |
| 6591 [IATTC]/20130020 [ICCAT] | GOIDAU RUEY No 1 | Unknown (latest known flag: Panama) | IATTC, ICCAT |
| 7020126 | GOOD HOPE (SEA RANGER V, TOTO [SEAFO]/TOTO [CCAMLR]) | Nigeria (previous flag: Belize [SEAFO]) | CCAMLR, SEAFO |
| 6719419 [NEAFC, SEAFO]/6714919 [NAFO] | GORILERO (GRAN SOL) | Unknown (latest known flags: Sierra Leone, Panama [NAFO, NEAFC]) | NEAFC, NAFO, SEAFO |
| 2009003 [ICCAT] | GUNUAR MELYAN 21 | Unknown | IOTC, ICCAT |
| 7322926 | HEAVY SEA (DUERO, JULIUS, KETA, SHERPA UNO [CCAMLR]/SHERPA UNO, KETA, DUERO [SEAFO]) | Unknown (latest known flags: Panama, Saint Kitts and Nevis, Belize) [CCAMLR]/Panama (previous flag: Uruguay) [SEAFO] | CCAMLR, SEAFO |
| 201000004 [ICCAT] | HOOM XIANG 11 | Unknown (latest known flag: Malaysia) | IOTC, ICCAT |
| 7332218 | IANNIS 1 [NEAFC]/IANNIS I [NAFO, SEAFO] (MOANA MAR, CANOS DE MECA [SEAFO]) | Unknown (latest known flag: Panama [NEAFC, NAFO]) | NEAFC, NAFO, SEAFO |
| 6803961 | ITZIAR II (Seabull 22, Carmela, Gold Dragon, Golden Sun, Notre Dame, Mare) | Mali (previous flags: Nigeria, Togo, Equatorial Guinea, Bolivia, Namibia [CCAMLR]) | CCAMLR, SEAFO |
| 9505 [IATTC]/20130021 [ICCAT] | JYI LIH 88 | Unknown | IATTC, ICCAT |
| 7905443 | KOOSHA 4 (EGUZKIA [SEAFO]) | Iran | CCAMLR, SEAFO |
| 9037537 | LANA (ZEUS, TRITON I [CCAMLR]/KINSHO MARU No 18, TRITON-1, ZEUS [SEAFO]) | Nigeria (previous flags: Mongolia, Togo, Sierra Leone) [CCAMLR]/Unknown (latest known flags: Japan, Sierra Leone, Togo, Mongolia) [SEAFO] | CCAMLR, SEAFO |
| 20060007 (ICCAT) | LILA No 10 | Unknown (latest known flag: Panama) | ICCAT |
| 7388267 | LIMPOPO (ROSS, ALOS, LENA, CAP GEORGE [CCAMLR]/ROSS, ALOS, LENA, CAP GEORGE, CONBAROYA, TERCERO [SEAFO]) | Unknown (latest known flags: Togo, Ghana, Seychelles, France [CCAMLR]/Seychelles, Ghana, Togo [SEAFO]) | CCAMLR, SEAFO |
| 20040007 [ICCAT] | MADURA 2 | Unknown | ICCAT |
| 20040008 [ICCAT] | MADURA 3 | Unknown | ICCAT |
| 7325746 | MAINE (GUINESPA I, MAPOSA NOVENO, [SEAFO]) | Republic of Guinea (Conakry) | NEAFC, NAFO, SEAFO |
| 20060002 [ICCAT] | MARIA | Unknown | ICCAT |
| 20060005 [ICCAT] | MELILLA No 101 | Unknown (latest known flag: Panama) | ICCAT |
| 20060004 [ICCAT] | MELILLA No 103 | Unknown (latest known flag: Panama) | ICCAT |
| 7385174 | MURTOSA | Unknown (latest known flag: Togo [NAFO, NEAFC]/Portugal [SEAFO]) | NEAFC, NAFO, SEAFO |
| C-00545/14613 [IATTC]/20110003 [ICCAT] | NEPTUNE | Georgia | IATTC, ICCAT, WCPFC |
| 9319856 | NIHEWAN (HUIQUAN, WUTAISHAN ANHUI 44, YANGZI HUA 44, TROSKY, PALOMA V [CCAMLR]/WUTAISHA N ANHUI 44, YANGZI HUA 44, PALOMA V, JIAN YUAN, TROSKY [SEAFO]) | Unknown (latest known flags: Tanzania, Mongolia, Namibia, Uruguay) | CCAMLR, SEAFO |
| 20060003 [ICCAT] | No 101 GLORIA (GOLDEN LAKE) | Unknown (latest known flag: Panama) | ICCAT |
| 20060008 [ICCAT] | No 2 CHOYU | Unknown (latest known flag: Honduras) | ICCAT |
| 20060011 [ICCAT] | No 3 CHOYU | Unknown (latest known flag: Honduras) | ICCAT |
| 20040006 [ICCAT] | OCEAN DIAMOND | Unknown | ICCAT |
| 7826233/20090001 [ICCAT] | OCEAN LION | Unknown (latest known flag: Equatorial Guinea) | IOTC, ICCAT |
| 11369 [IATTC]/20130022 [ICCAT] | ORCA | Unknown (latest known flag: Belize) | IATTC, ICCAT |
| 20060012 [ICCAT] | ORIENTE No 7 | Unknown (latest known flag: Honduras) | ICCAT |
| 5062479 | PERLON (CHERNE, BIGARO, HOKING, SARGO, LUGALPESCA) | Unknown (latest known flags: Mongolia, Togo, Uruguay) | CCAMLR, SEAFO |
| 6607666 | RAY (KILY, CONSTANT, TROPIC, ISLA GRACIOSA [CCAMLR]/KILLY, CONSTANT, TROPIC, ISLA GRACIOSA [SEAFO]) | Unknown (latest known flags: Belize, Equatorial Guinea, South Africa) [CCAMLR]/Belize (previous flags: South Africa, Equatorial Guinea, Mongolia) [SEAFO] | CCAMLR, SEAFO |
| 95 [IATTC]/20130023 [ICCAT] | REYMAR 6 | Unknown (latest known flag: Belize) | IATTC, ICCAT |
| 20130027 [ICCAT] | SAMUDERA PASIFIK No 18 | Indonesia | ICCAT |
| 200800004 previously AT000LIB00039 [ICCAT] | SHARON 1 (MANARA 1, POSEIDON) | Unknown (latest known flags: Libya, United Kingdom) | ICCAT |
| 20050001 [ICCAT] | SOUTHERN STAR 136 (HSIANG CHANG) | Unknown (latest known flag: Saint Vincent and the Grenadines) | ICCAT |
| 9405 [IATTC]/20130024 [ICCAT] | TA FU 1 | Unknown | IATTC, ICCAT |
| 6818930 | TCHAW (REX, CONDOR, INCA, VIKING, CISNE AZUL [CCAMLR]/CONDOR, INCA, VIKING, CISNE AZUL, PESCAMEX III, AROSA CUARTO, REX [SEAFO]) | Unknown (latest known flags: Togo, Belize, Seychelles) [CCAMLR]/Togo (previous flags: Belize, Seychelles, Togo) [SEAFO] | CCAMLR, SEAFO |
| 13568 [IATTC]/20130025 [ICCAT] | TCHING YE No 6 (EL DIRIA I) | Unknown (latest known flags: Belize, Costa Rica) | IATTC, ICCAT |
| 6905408 | THUNDER (WUHAN No 4, KUKO, TYPHOON I, RUBIN, ARCTIC RANGER [CCAMLR]/ARCTIC RANGER, RUBIN, TYPHOON-I, KUKO [SEAFO]) | Nigeria (previous flags: Mongolia, Togo, Seychelles, United Kingdom [CCAMLR]) | CCAMLR, SEAFO |
| 7905039 | TIANTAI (KESHAN, BAIYANGDIAN, PACIFIC DUCHESS) [CCAMLR]/KESHAN (BAIYANGDIAN, PACIFIC DUCHESS) [SEAFO] | Unknown (latest known flags: Mongolia, Tanzania) [CCAMLR]/Mongolia (previous flag: Tanzania) [SEAFO] | CCAMLR, SEAFO |
| 7321374, 7325930 [SEAFO] | TRINITY (ENXEMBRE, YUCATAN BASIN, FONTENOVA, JAWHARA [NEAFC, NAFO]/YUCATAN BASIN, ENXEMBRE, FONTE NOVA, JAWHARA, UKOLA COREA [SEAFO]) | Ghana (previous flags: Panama, Morocco [NEAFC, NAFO]/Panama, Gibraltar, Morocco [SEAFO]) | NEAFC, NAFO, SEAFO |
| 8994295/129 [IATTC] 20130026 [ICCAT] | WEN TENG No 688 (MAHKOIA ABADI No 196) | Unknown (latest known flag: Belize) | IATTC, ICCAT |
| 20130016 [ICCAT] | YU FONG 168 | Taiwan | WCPFC, ICCAT |
| 2009002 [ICCAT] | YU MAAN WON | Unknown (latest known flag: Georgia) | IOTC, ICCAT |

IMO (1) ship identification number/RFMO Reference

Vessel’s name (previous name) (2)

Flag State or Flag Territory [according to a RFMO] (2)

Listed in RFMO (2)

20060010 [ICCAT]

ACROS No 2

Unknown (latest known flag: Honduras)

ICCAT

20060009 [ICCAT]

ACROS No 3

Unknown (latest known flag: Honduras)

ICCAT

7306570

ALBORAN II (WHITE ENTERPRISE [NAFO, NEAFC]/WHITE, ENTERPRISE, ENXEMBRE, ATALAYA, REDA IV, ATALAYA DEL SUR [SEAFO])

Unknown (latest known flags: Panama, Saint Kitts and Nevis) [NAFO, NEAFC]/Panama (previous flags: Saint Kitts and Nevis, Gibraltar) [SEAFO]

NEAFC, NAFO, SEAFO

7424891

ALDABRA (OMOA I [CCAMLR]/OMOA 1 [SEAFO])

Unknown (latest known flags: Tanzania, Honduras) [CCAMLR]/Tanzania (previous flags: Honduras, Togo) [SEAFO]

CCAMLR, SEAFO

7036345

AMORINN (ICEBERG II, LOME, NOEMI)

Unknown (latest known flags: Togo, Belize)

CCAMLR, SEAFO

8713392

BERBER (SNAKE, OCTOPUS I, PION, THE BIRD, CHU LIM, YIN PENG, THOR 33, ULYSES, GALE, SOUTH BOY, PISCIS) [CCAMLR]/SNAKE (OCTOPUS 1, PISCIS, SOUTH BOY, GALE, ULYSES, THOR 33, YIN PENG, CHU LIM, THE BIRD, PION) [SEAFO]

Unknown (latest known flags: Libya, Mongolia, Honduras, North Korea (DPRK), Equatorial Guinea, Uruguay) [CCAMLR]/Libya (previous flag: Mongolia) [SEAFO]

CCAMLR, SEAFO

12290 [IATTC]/20110011 [ICCAT]

BHASKARA No 10

Unknown (latest known flag: Indonesia)

IATTC, ICCAT

12291 [IATTC]/20110012 [ICCAT]

BHASKARA No 9

Unknown (latest known flag: Indonesia)

IATTC, ICCAT

20060001 [ICCAT]

BIGEYE

Unknown

ICCAT

20040005 [ICCAT]

BRAVO

Unknown

ICCAT

9407 [IATTC]/20110013 [ICCAT]

CAMELOT

Unknown

IATTC, ICCAT

6622642

CHALLENGE (PERSEVERANCE, MILA [CCAMLR]/MILA, ISLA, MONTANA CLARA, PERSEVERANCE [SEAFO])

Unknown (latest known flags: Panama, Equatorial Guinea, United Kingdom)

CCAMLR, SEAFO

7322897

CHANG BAI (HOUGSHUI, HUANG HE 22, SIMA QIAN BARU 22, CORVUS, GALAXY, INA MAKA, BLACK MOON, RED MOON, EOLO, THULE, MAGNUS, DORITA [CCAMLR]/HUANG HE 22, SIMA QIAN BARU 22, DORITA, MAGNUS, THULE, EOLO, RED MOON, BLACK MOON, INA MAKA, GALAXY, CORVUS [SEAFO])

Unknown (latest known flags: Tanzania, North Korea (DPRK), Panama, Sierra Leone, Equatorial Guinea, Saint Vincent and the Grenadines, Uruguay) [CCAMLR]/Tanzania (previous flags: Uruguay, Saint Vincent and the Grenadines, Equatorial Guinea, North Korea (DPRK), Sierra Leone, Panama) [SEAFO]

CCAMLR, SEAFO

9042001

CHENGDU (SHAANXI HENAN 33, XIONG NU BARU 33, DRACO I, LIBERTY, CHILBO SAN 33, HAMMER, SEO YANG No 88, CARRAN [CCAMLR]/SHAANXI HENAN 33, XIONG NU BARU 33, LIBERTY, CHILBO SAN 33, HAMMER, CARRAN, DRACO-1 [SEAFO])

Unknown (latest known flags: Tanzania, Panama, Sierra Leone, North Korea (DPRK), Togo, Republic of Korea, Uruguay [CCAMLR])/Tanzania (previous flags: Uruguay, Togo, North Korea (DPRK), Panama) [SEAFO]

CCAMLR, SEAFO

125, 280020064 [IATTC]/20110014 [ICCAT]

CHIA HAO No 66

Unknown (latest known flag: Belize)

IATTC, ICCAT

20080001 and previously AT000GUI000002 [ICCAT]

DANIAA (CARLOS)

Unknown (latest known flag: Republic of Guinea (Conakry))

ICCAT

8422852

DOLPHIN (OGNEVKA)

Unknown (latest known flags: Russia, Georgia [NAFO, NEAFC])

NEAFC, NAFO, SEAFO

6163 [IATTC]/20130019 [ICCAT]

DRAGON III

Unknown

IATTC, ICCAT

8604668

EROS DOS (FURABOLOS)

Unknown (latest known flags: Panama, Seychelles) [NAFO, NEAFC]/Panama [SEAFO]

NEAFC, NAFO, SEAFO

20130018 [ICCAT]

FULL RICH

Unknown (latest known flag: Belize)

IOTC, ICCAT

7355662/20130015 [ICCAT]

FU LIEN No 1

Georgia

WCPFC, ICCAT

20130017 [ICCAT]

FU HSIANG FA No 21

Unknown

IOTC, ICCAT

200800005 previously AT000LIB00041 [ICCAT]

GALA I (MANARA II, ROAGAN)

Unknown (latest known flags: Libya, Isle of Man)

ICCAT

6591 [IATTC]/20130020 [ICCAT]

GOIDAU RUEY No 1

Unknown (latest known flag: Panama)

IATTC, ICCAT

7020126

GOOD HOPE (SEA RANGER V, TOTO [SEAFO]/TOTO [CCAMLR])

Nigeria (previous flag: Belize [SEAFO])

CCAMLR, SEAFO

6719419 [NEAFC, SEAFO]/6714919 [NAFO]

GORILERO (GRAN SOL)

Unknown (latest known flags: Sierra Leone, Panama [NAFO, NEAFC])

NEAFC, NAFO, SEAFO

2009003 [ICCAT]

GUNUAR MELYAN 21

Unknown

IOTC, ICCAT

7322926

HEAVY SEA (DUERO, JULIUS, KETA, SHERPA UNO [CCAMLR]/SHERPA UNO, KETA, DUERO [SEAFO])

Unknown (latest known flags: Panama, Saint Kitts and Nevis, Belize) [CCAMLR]/Panama (previous flag: Uruguay) [SEAFO]

CCAMLR, SEAFO

201000004 [ICCAT]

HOOM XIANG 11

Unknown (latest known flag: Malaysia)

IOTC, ICCAT

7332218

IANNIS 1 [NEAFC]/IANNIS I [NAFO, SEAFO] (MOANA MAR, CANOS DE MECA [SEAFO])

Unknown (latest known flag: Panama [NEAFC, NAFO])

NEAFC, NAFO, SEAFO

6803961

ITZIAR II (Seabull 22, Carmela, Gold Dragon, Golden Sun, Notre Dame, Mare)

Mali (previous flags: Nigeria, Togo, Equatorial Guinea, Bolivia, Namibia [CCAMLR])

CCAMLR, SEAFO

9505 [IATTC]/20130021 [ICCAT]

JYI LIH 88

Unknown

IATTC, ICCAT

7905443

KOOSHA 4 (EGUZKIA [SEAFO])

Iran

CCAMLR, SEAFO

9037537

LANA (ZEUS, TRITON I [CCAMLR]/KINSHO MARU No 18, TRITON-1, ZEUS [SEAFO])

Nigeria (previous flags: Mongolia, Togo, Sierra Leone) [CCAMLR]/Unknown (latest known flags: Japan, Sierra Leone, Togo, Mongolia) [SEAFO]

CCAMLR, SEAFO

20060007 (ICCAT)

LILA No 10

Unknown (latest known flag: Panama)

ICCAT

7388267

LIMPOPO (ROSS, ALOS, LENA, CAP GEORGE [CCAMLR]/ROSS, ALOS, LENA, CAP GEORGE, CONBAROYA, TERCERO [SEAFO])

Unknown (latest known flags: Togo, Ghana, Seychelles, France [CCAMLR]/Seychelles, Ghana, Togo [SEAFO])

CCAMLR, SEAFO

20040007 [ICCAT]

MADURA 2

Unknown

ICCAT

20040008 [ICCAT]

MADURA 3

Unknown

ICCAT

7325746

MAINE (GUINESPA I, MAPOSA NOVENO, [SEAFO])

Republic of Guinea (Conakry)

NEAFC, NAFO, SEAFO

20060002 [ICCAT]

MARIA

Unknown

ICCAT

20060005 [ICCAT]

MELILLA No 101

Unknown (latest known flag: Panama)

ICCAT

20060004 [ICCAT]

MELILLA No 103

Unknown (latest known flag: Panama)

ICCAT

7385174

MURTOSA

Unknown (latest known flag: Togo [NAFO, NEAFC]/Portugal [SEAFO])

NEAFC, NAFO, SEAFO

C-00545/14613 [IATTC]/20110003 [ICCAT]

NEPTUNE

Georgia

IATTC, ICCAT, WCPFC

9319856

NIHEWAN (HUIQUAN, WUTAISHAN ANHUI 44, YANGZI HUA 44, TROSKY, PALOMA V [CCAMLR]/WUTAISHA N ANHUI 44, YANGZI HUA 44, PALOMA V, JIAN YUAN, TROSKY [SEAFO])

Unknown (latest known flags: Tanzania, Mongolia, Namibia, Uruguay)

CCAMLR, SEAFO

20060003 [ICCAT]

No 101 GLORIA (GOLDEN LAKE)

Unknown (latest known flag: Panama)

ICCAT

20060008 [ICCAT]

No 2 CHOYU

Unknown (latest known flag: Honduras)

ICCAT

20060011 [ICCAT]

No 3 CHOYU

Unknown (latest known flag: Honduras)

ICCAT

20040006 [ICCAT]

OCEAN DIAMOND

Unknown

ICCAT

7826233/20090001 [ICCAT]

OCEAN LION

Unknown (latest known flag: Equatorial Guinea)

IOTC, ICCAT

11369 [IATTC]/20130022 [ICCAT]

ORCA

Unknown (latest known flag: Belize)

IATTC, ICCAT

20060012 [ICCAT]

ORIENTE No 7

Unknown (latest known flag: Honduras)

ICCAT

5062479

PERLON (CHERNE, BIGARO, HOKING, SARGO, LUGALPESCA)

Unknown (latest known flags: Mongolia, Togo, Uruguay)

CCAMLR, SEAFO

6607666

RAY (KILY, CONSTANT, TROPIC, ISLA GRACIOSA [CCAMLR]/KILLY, CONSTANT, TROPIC, ISLA GRACIOSA [SEAFO])

Unknown (latest known flags: Belize, Equatorial Guinea, South Africa) [CCAMLR]/Belize (previous flags: South Africa, Equatorial Guinea, Mongolia) [SEAFO]

CCAMLR, SEAFO

95 [IATTC]/20130023 [ICCAT]

REYMAR 6

Unknown (latest known flag: Belize)

IATTC, ICCAT

20130027 [ICCAT]

SAMUDERA PASIFIK No 18

Indonesia

ICCAT

200800004 previously AT000LIB00039 [ICCAT]

SHARON 1 (MANARA 1, POSEIDON)

Unknown (latest known flags: Libya, United Kingdom)

ICCAT

20050001 [ICCAT]

SOUTHERN STAR 136 (HSIANG CHANG)

Unknown (latest known flag: Saint Vincent and the Grenadines)

ICCAT

9405 [IATTC]/20130024 [ICCAT]

TA FU 1

Unknown

IATTC, ICCAT

6818930

TCHAW (REX, CONDOR, INCA, VIKING, CISNE AZUL [CCAMLR]/CONDOR, INCA, VIKING, CISNE AZUL, PESCAMEX III, AROSA CUARTO, REX [SEAFO])

Unknown (latest known flags: Togo, Belize, Seychelles) [CCAMLR]/Togo (previous flags: Belize, Seychelles, Togo) [SEAFO]

CCAMLR, SEAFO

13568 [IATTC]/20130025 [ICCAT]

TCHING YE No 6 (EL DIRIA I)

Unknown (latest known flags: Belize, Costa Rica)

IATTC, ICCAT

6905408

THUNDER (WUHAN No 4, KUKO, TYPHOON I, RUBIN, ARCTIC RANGER [CCAMLR]/ARCTIC RANGER, RUBIN, TYPHOON-I, KUKO [SEAFO])

Nigeria (previous flags: Mongolia, Togo, Seychelles, United Kingdom [CCAMLR])

CCAMLR, SEAFO

7905039

TIANTAI (KESHAN, BAIYANGDIAN, PACIFIC DUCHESS) [CCAMLR]/KESHAN (BAIYANGDIAN, PACIFIC DUCHESS) [SEAFO]

Unknown (latest known flags: Mongolia, Tanzania) [CCAMLR]/Mongolia (previous flag: Tanzania) [SEAFO]

CCAMLR, SEAFO

7321374, 7325930 [SEAFO]

TRINITY (ENXEMBRE, YUCATAN BASIN, FONTENOVA, JAWHARA [NEAFC, NAFO]/YUCATAN BASIN, ENXEMBRE, FONTE NOVA, JAWHARA, UKOLA COREA [SEAFO])

Ghana (previous flags: Panama, Morocco [NEAFC, NAFO]/Panama, Gibraltar, Morocco [SEAFO])

NEAFC, NAFO, SEAFO

8994295/129 [IATTC] 20130026 [ICCAT]

WEN TENG No 688 (MAHKOIA ABADI No 196)

Unknown (latest known flag: Belize)

IATTC, ICCAT

20130016 [ICCAT]

YU FONG 168

Taiwan

WCPFC, ICCAT

2009002 [ICCAT]

YU MAAN WON

Unknown (latest known flag: Georgia)

IOTC, ICCAT

---

(1)  International Maritime Organization.

1

(2)  For any additional information consult the websites of the regional fisheries management organisations (RFMOs).’

2

---

| 13.2.2014 | EN | Official Journal of the European Union | L 43/55 |
| --- | --- | --- | --- |

13.2.2014

EN

Official Journal of the European Union

L 43/55

---

COMMISSION IMPLEMENTING REGULATION (EU) No 138/2014

of 12 February 2014

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

| (1) | Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
| --- | --- |

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

| (2) | The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
| --- | --- |

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

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, 12 February 2014.

For the Commission, On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 157, 15.6.2011, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | IL | 107,2 |
| MA | 55,5 |
| TN | 72,1 |
| TR | 111,6 |
| ZZ | 86,6 |
| 0707 00 05 | MA | 168,6 |
| TR | 151,3 |
| ZZ | 160,0 |
| 0709 91 00 | EG | 176,4 |
| ZZ | 176,4 |
| 0709 93 10 | MA | 39,0 |
| TR | 132,9 |
| ZZ | 86,0 |
| 0805 10 20 | EG | 45,1 |
| IL | 66,4 |
| MA | 56,4 |
| TN | 52,4 |
| TR | 72,7 |
| ZZ | 58,6 |
| 0805 20 10 | IL | 138,2 |
| MA | 76,7 |
| ZZ | 107,5 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | CN | 60,3 |
| IL | 134,4 |
| JM | 112,4 |
| KR | 142,4 |
| MA | 132,8 |
| PK | 55,3 |
| TR | 59,7 |
| ZZ | 99,6 |
| 0805 50 10 | AL | 43,6 |
| MA | 71,7 |
| TR | 56,3 |
| ZZ | 57,2 |
| 0808 10 80 | CN | 88,4 |
| MK | 26,2 |
| US | 160,4 |
| ZZ | 91,7 |
| 0808 30 90 | CL | 123,8 |
| CN | 70,9 |
| TR | 122,0 |
| US | 197,2 |
| ZA | 95,0 |
| ZZ | 121,8 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

107,2

MA

55,5

TN

72,1

TR

111,6

ZZ

86,6

0707 00 05

MA

168,6

TR

151,3

ZZ

160,0

0709 91 00

EG

176,4

ZZ

176,4

0709 93 10

MA

39,0

TR

132,9

ZZ

86,0

0805 10 20

EG

45,1

IL

66,4

MA

56,4

TN

52,4

TR

72,7

ZZ

58,6

0805 20 10

IL

138,2

MA

76,7

ZZ

107,5

0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90

CN

60,3

IL

134,4

JM

112,4

KR

142,4

MA

132,8

PK

55,3

TR

59,7

ZZ

99,6

0805 50 10

AL

43,6

MA

71,7

TR

56,3

ZZ

57,2

0808 10 80

CN

88,4

MK

26,2

US

160,4

ZZ

91,7

0808 30 90

CL

123,8

CN

70,9

TR

122,0

US

197,2

ZA

95,0

ZZ

121,8

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---