title: Commission Implementing Directive (EU) 2019/114 of 24 January 2019 amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC and Article 7 of Council Directive 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species (Text with EEA relevance.)

text:
                  25.1.2019

                  EN

                  Official Journal of the European Union

                  L 23/35

         COMMISSION IMPLEMENTING DIRECTIVE (EU) 2019/114
         of 24 January 2019
         amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC and Article 7 of Council Directive 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (1), and in particular Article 7(2)(a) and (b) thereof,
         Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (2), and in particular Article 7(2)(a) and (b) thereof,
         Whereas:

                     (1)

                     Commission Directives 2003/90/EC (3) and 2003/91/EC (4) were adopted to ensure that the varieties the Member States include in their national catalogues comply with the protocols established by the Community Plant Variety Office (CPVO) as regards the characteristics to be covered as a minimum by the examination of the various species and the minimum conditions for examining the varieties, as far as such protocols had been established. For the species not covered by CPVO protocols those Directives provide that guidelines of the International Union for Protection of New Varieties of Plants (UPOV) are to apply.

                     (2)

                     Since the last amendment to Directives 2003/90/EC and 2003/91/EC by Implementing Directive (EU) 2018/100 (5) the CPVO and UPOV have established further protocols and guidelines and have updated existing ones.

                     (3)

                     Directives 2003/90/EC and 2003/91/EC should therefore be amended accordingly.

                     (4)

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

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Annexes I and II to Directive 2003/90/EC are replaced by the text set out in part A of the Annex to this Directive.

            Article 2
            The Annexes to Directive 2003/91/EC are replaced by the text set out in part B of the Annex to this Directive.

            Article 3
            For examinations started before 1 September 2019 Member States may apply Directives 2003/90/EC and 2003/91/EC in the version applying before their amendment by this Directive.

            Article 4
            Member States shall adopt and publish, by 31 August 2019 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
            They shall apply those provisions from 1 September 2019.
            When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

            Article 5
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 6
            This Directive is addressed to the Member States.

            Done at Brussels, 24 January 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 193, 20.7.2002, p. 1.

            (2)  OJ L 193, 20.7.2002, p. 33.

            (3)  Commission Directive 2003/90/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species (OJ L 254, 8.10.2003, p. 7).

            (4)  Commission Directive 2003/91/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species (OJ L 254, 8.10.2003, p. 11).

            (5)  Commission Implementing Directive (EU) 2018/100 of 22 January 2018 amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC and Article 7 of Council Directive 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species (OJ L 17, 23.1.2018, p. 34).

            ANNEX

               PART A

                     ‘ANNEX I

                        List of species referred to in Article 1(2)(a) which are to comply with CPVO technical protocols
                         (1)

                                    Scientific name

                                    Common name

                                    CPVO protocol

                                    Festuca arundinacea Schreb.

                                 Tall fescue

                                 TP 39/1 of 1.10.2015

                                    Festuca filiformis Pourr.

                                 Fine-leaved sheep's fescue

                                 TP 67/1 of 23.6.2011

                                    Festuca ovina L.

                                 Sheep's fescue

                                 TP 67/1 of 23.6.2011

                                    Festuca pratensis Huds.

                                 Meadow fescue

                                 TP 39/1 of 1.10.2015

                                    Festuca rubra L.

                                 Red fescue

                                 TP 67/1 of 23.6.2011

                                    Festuca trachyphylla (Hack.) Krajina

                                 Hard fescue

                                 TP 67/1 of 23.6.2011

                                    Lolium multiflorum Lam.

                                 Italian ryegrass

                                 TP 4/1 of 23.6.2011

                                    Lolium perenne L.

                                 Perennial ryegrass

                                 TP 4/1 of 23.6.2011

                                    Lolium x hybridum Hausskn.

                                 Hybrid ryegrass

                                 TP 4/1 of 23.6.2011

                                    Pisum sativum L. (partim)

                                 Field pea

                                 TP 7/2 Rev. 2 of 15.3.2017

                                    Poa pratensis L.

                                 Smooth-stalked meadow grass

                                 TP 33/1 of 15.3.2017

                                    Vicia sativa L.

                                 Common vetch

                                 TP 32/1 of 19.4.2016

                                    Brassica napus L. var. napobrassica (L.) Rchb.

                                 Swede

                                 TP 89/1 of 11.3.2015

                                    Raphanus sativus L. var. oleiformis Pers.

                                 Fodder radish

                                 TP 178/1 of 15.3.2017

                                    Brassica napus L. (partim)

                                 Swede rape

                                 TP 36/2 of 16.11.2011

                                    Cannabis sativa L.

                                 Hemp

                                 TP 276/1 Partial rev. of 21.3.2018

                                    Glycine max (L.) Merr.

                                 Soya bean

                                 TP 80/1 of 15.3.2017

                                    Gossypium spp.

                                 Cotton

                                 TP 88/1 of 19.4.2016

                                    Helianthus annuus L.

                                 Sunflower

                                 TP 81/1 of 31.10.2002

                                    Linum usitatissimum L.

                                 Flax/Linseed

                                 TP 57/2 of 19.3.2014

                                    Sinapis alba L.

                                 White mustard

                                 TP 179/1 of 15.3.2017

                                    Avena nuda L.

                                 Small naked oat, Hulless oat

                                 TP 20/2 of 1.10.2015

                                    Avena sativa L. (includes A. byzantina K. Koch)

                                 Oats and Red oat

                                 TP 20/2 of 1.10.2015

                                    Hordeum vulgare L.

                                 Barley

                                 TP 19/4 of 1.10.2015

                                    Oryza sativa L.

                                 Rice

                                 TP 16/3 of 1.10.2015

                                    Secale cereale L.

                                 Rye

                                 TP 58/1 of 31.10.2002

                                    xTriticosecale Wittm. ex A. Camus

                                 Hybrids resulting from the crossing of a species of the genus Triticum and a species of the genus Secale

                                 TP 121/2 rev. 1 of 16.2.2011

                                    Triticum aestivum L.

                                 Wheat

                                 TP 3/4 rev. 2 of 16.2.2011

                                    Triticum durum Desf.

                                 Durum wheat

                                 TP 120/3 of 19.3.2014

                                    Zea mays L. (partim)

                                 Maize

                                 TP 2/3 of 11.3.2010

                                    Solanum tuberosum L.

                                 Potato

                                 TP 23/3 of 15.3.2017

                     ANNEX II

                        List of species referred to in Article 1(2)(b) which are to comply with UPOV test guidelines
                         (2)

                                    Scientific name

                                    Common name

                                    UPOV guideline

                                    Beta vulgaris L.

                                 Fodder beet

                                 TG/150/3 of 4.11.1994

                                    Agrostis canina L.

                                 Velvet bent

                                 TG/30/6 of 12.10.1990

                                    Agrostis gigantea Roth

                                 Red top

                                 TG/30/6 of 12.10.1990

                                    Agrostis stolonifera L.

                                 Creeping bent grass

                                 TG/30/6 of 12.10.1990

                                    Agrostis capillaris L.

                                 Brown top

                                 TG/30/6 of 12.10.1990

                                    Bromus catharticus Vahl

                                 Rescue grass

                                 TG/180/3 of 4.4.2001

                                    Bromus sitchensis Trin.

                                 Alaska brome grass

                                 TG/180/3 of 4.4.2001

                                    Dactylis glomerata L.

                                 Cocksfoot

                                 TG/31/8 of 17.4.2002

                                    xFestulolium Asch. et Graebn.

                                 Hybrids resulting from the crossing of a species of the genus Festuca with a species of the genus Lolium

                                 TG/243/1 of 9.4.2008

                                    Phleum nodosum L.

                                 Small timothy

                                 TG/34/6 of 7.11.1984

                                    Phleum pratense L.

                                 Timothy

                                 TG/34/6 of 7.11.1984

                                    Lotus corniculatus L.

                                 Birdsfoot trefoil

                                 TG 193/1 of 9.4.2008

                                    Lupinus albus L.

                                 White lupin

                                 TG/66/4 of 31.3.2004

                                    Lupinus angustifolius L.

                                 Narrow-leaved lupin

                                 TG/66/4 of 31.3.2004

                                    Lupinus luteus L.

                                 Yellow lupin

                                 TG/66/4 of 31.3.2004

                                    Medicago doliata Carmign.

                                 Straight-spined medic

                                 TG 228/1 of 5.4.2006

                                    Medicago italica (Mill.) Fiori

                                 Disc medic

                                 TG 228/1 of 5.4.2006

                                    Medicago littoralis Rohde ex Loisel.

                                 Shore medic/Strand medic

                                 TG 228/1 of 5.4.2006

                                    Medicago lupulina L.

                                 Trefoil

                                 TG 228/1 of 5.4.2006

                                    Medicago murex Willd.

                                 Sphere medic

                                 TG 228/1 of 5.4.2006

                                    Medicago polymorpha L.

                                 Bur medic

                                 TG 228/1 of 5.4.2006

                                    Medicago rugosa Desr.

                                 Wrinkled medic/Gama medic

                                 TG 228/1 of 5.4.2006

                                    Medicago sativa L.

                                 Lucerne

                                 TG/6/5 of 6.4.2005

                                    Medicago scutellata (L.) Mill.

                                 Snail medic/Shield medic

                                 TG 228/1 of 5.4.2006

                                    Medicago truncatula Gaertn.

                                 Barrel medic

                                 TG 228/1 of 5.4.2006

                                    Medicago x varia T. Martyn

                                 Sand lucerne

                                 TG/6/5 of 6.4.2005

                                    Trifolium pratense L.

                                 Red clover

                                 TG/5/7 of 4.4.2001

                                    Trifolium repens L.

                                 White clover

                                 TG/38/7 of 9.4.2003

                                    Vicia faba L.

                                 Field bean

                                 TG/8/6 of 17.4.2002

                                    Phacelia tanacetifolia Benth.

                                 California Bluebell

                                 TG/319/1 of 5.4.2017

                                    Arachis hypogaea L.

                                 Groundnut/Peanut

                                 TG/93/4 of 9.4.2014

                                    Brassica rapa L. var. silvestris (Lam.) Briggs

                                 Turnip rape

                                 TG/185/3 of 17.4.2002

                                    Carthamus tinctorius L.

                                 Safflower

                                 TG/134/3 of 12.10.1990

                                    Papaver somniferum L.

                                 Poppy

                                 TG/166/4 of 9.4.2014

                                    Sorghum bicolor (L.) Moench

                                 Sorghum

                                 TG/122/4 of 25.3.2015

                                    Sorghum sudanense (Piper) Stapf.

                                 Sudan grass

                                 TG 122/4 of 25.3.2015

                                    Sorghum bicolor (L.) Moench x Sorghum sudanense (Piper) Stapf

                                 Hybrids resulting from the crossing of Sorghum bicolor and Sorghum sudanense

                                 TG 122/4 of 25.3.2015

               ’

               PART B

                     ‘ANNEX I

                        List of species referred to in Article 1(2)(a) which are to comply with CPVO technical protocols
                         (3)

                                    Scientific name

                                    Common name

                                    CPVO protocol

                                    Allium cepa L. . (Cepa group)

                                 Onion and Echalion

                                 TP 46/2 of 1.4.2009

                                    Allium cepa L. (Aggregatum group)

                                 Shallot

                                 TP 46/2 of 1.4.2009

                                    Allium fistulosum L.

                                 Japanese bunching onion or Welsh onion

                                 TP 161/1 of 11.3.2010

                                    Allium porrum L.

                                 Leek

                                 TP 85/2 of 1.4.2009

                                    Allium sativum L.

                                 Garlic

                                 TP 162/1 of 25.3.2004

                                    Allium schoenoprasum L.

                                 Chives

                                 TP 198/2 of 11.3.2015

                                    Apium graveolens L.

                                 Celery

                                 TP 82/1 of 13.3.2008

                                    Apium graveolens L.

                                 Celeriac

                                 TP 74/1 of 13.3.2008

                                    Asparagus officinalis L.

                                 Asparagus

                                 TP 130/2 of 16.2.2011

                                    Beta vulgaris L.

                                 Beetroot including Cheltenham beet

                                 TP 60/1 of 1.4.2009

                                    Beta vulgaris L.

                                 Spinach beet or Chard

                                 TP 106/1 of 11.3.2015

                                    Brassica oleracea L.

                                 Curly kale

                                 TP 90/1 of 16.2.2011

                                    Brassica oleracea L.

                                 Cauliflower

                                 TP 45/2 Rev. 2 of 21.3.2018

                                    Brassica oleracea L.

                                 Sprouting broccoli or Calabrese

                                 TP 151/2 Rev. of 15.3.2017

                                    Brassica oleracea L.

                                 Brussels sprouts

                                 TP 54/2 Rev. of 15.3.2017

                                    Brassica oleracea L.

                                 Kohlrabi

                                 TP 65/1 Rev. of 15.3.2017

                                    Brassica oleracea L.

                                 Savoy cabbage, White cabbage and Red cabbage

                                 TP 48/3 Rev. of 15.3.2017

                                    Brassica rapa L.

                                 Chinese cabbage

                                 TP 105/1 of 13.3.2008

                                    Capsicum annuum L.

                                 Chilli or Pepper

                                 TP 76/2 Rev. of 15.3.2017

                                    Cichorium endivia L.

                                 Curled-leaved endive and Plain-leaved endive

                                 TP 118/3 of 19.3.2014

                                    Cichorium intybus L.

                                 Industrial chicory

                                 TP 172/2 of 1.12.2005

                                    Cichorium intybus L.

                                 Leaf chicory

                                 TP 154/1 of 21.3.2018

                                    Cichorium intybus L.

                                 Witloof chicory

                                 TP 173/2 of 21.3.2018

                                    Citrullus lanatus (Thunb.) Matsum. et Nakai

                                 Watermelon

                                 TP 142/2 of 19.3.2014

                                    Cucumis melo L.

                                 Melon

                                 TP 104/2 of 21.3.2007

                                    Cucumis sativus L.

                                 Cucumber and Gherkin

                                 TP 61/2 Rev. of 21.3.2018

                                    Cucurbita maxima Duchesne

                                 Gourd

                                 TP 155/1 of 11.3.2015

                                    Cucurbita pepo L.

                                 Marrow or Courgette

                                 TP 119/1rev. of 19.3.2014

                                    Cynara cardunculus L.

                                 Globe artichoke and Cardoon

                                 TP 184/2 of 27.2.2013

                                    Daucus carota L.

                                 Carrot and Fodder carrot

                                 TP 49/3 of 13.3.2008

                                    Foeniculum vulgare Mill.

                                 Fennel

                                 TP 183/1 of 25.3.2004

                                    Lactuca sativa L.

                                 Lettuce

                                 TP 13/6 of 21.3.2018

                                    Solanum lycopersicum L.

                                 Tomato

                                 TP 44/4 Rev. 3 of 21.3.2018

                                    Petroselinum crispum (Mill.) Nyman ex A. W. Hill

                                 Parsley

                                 TP 136/1 of 21.3.2007

                                    Phaseolus coccineus L.

                                 Runner bean

                                 TP 9/1 of 21.3.2007

                                    Phaseolus vulgaris L.

                                 Dwarf French bean and Climbing French bean

                                 TP 12/4 of 27.2.2013

                                    Pisum sativum L. (partim)

                                 Wrinkled pea, Round pea and Sugar pea

                                 TP 7/2 Rev. 2 of 15.3.2017

                                    Raphanus sativus L.

                                 Radish, Black radish

                                 TP 64/2 Rev. of 11.3.2015

                                    Rheum rhabarbarum L

                                 Rhubarb

                                 TP 62/1 of 19.4.2016

                                    Scorzonera hispanica L.

                                 Scorzonera or Black salsify

                                 TP 116/1 of 11.3.2015

                                    Solanum melongena L.

                                 Aubergine or Egg plant

                                 TP 117/1 of 13.3.2008

                                    Spinacia oleracea L.

                                 Spinach

                                 TP 55/5 Rev. 2 of 15.3.2017

                                    Valerianella locusta (L.) Laterr.

                                 Corn salad or Lamb's lettuce

                                 TP 75/2 of 21.3.2007

                                    Vicia faba L. (partim)

                                 Broad bean

                                 TP Broadbean/1 of 25.3.2004

                                    Zea mays L. (partim)

                                 Sweet corn and Pop corn

                                 TP 2/3 of 11.3.2010

                                    Solanum habrochaites S. Knapp & D.M. Spooner; Solanum lycopersicum L. x Solanum habrochaites S. Knapp & D.M. Spooner; Solanum lycopersicum L. x Solanum peruvianum (L.) Mill.; Solanum lycopersicum L. x Solanum cheesmaniae (L. Ridley) Fosberg; Solanum pimpinellifolium L. x Solanum habrochaites S. Knapp & D.M. Spooner

                                 Tomato rootstocks

                                 TP 294/1 Rev. 3 of 21.3.2018

                                    Cucurbita maxima Duchesne x Cucurbita moschata Duchesne

                                 Interspecific hybrids of Cucurbita maxima Duchesne x Cucurbita moschata Duchesne for use as rootstocks

                                 TP 311/1 of 15.3.2017

                     ANNEX II

                        List of species referred to in Article 1(2)(b) which are to comply with UPOV test guidelines
                         (4)

                                    Scientific name

                                    Common name

                                    UPOV guideline

                                    Brassica rapa L.

                                 Turnip

                                 TG/37/10 of 4.4.2001

               ’

               (1)  The text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu).

               (2)  The text of these guidelines can be found on the UPOV web site (www.upov.int).

               (3)  The text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu).

               (4)  The text of these guidelines can be found on the UPOV web site (www.upov.int).


title: Commission Implementing Directive (EU) 2018/1581 of 19 October 2018 amending Council Directive 2009/119/EC as regards the methods for calculating stockholding obligations

text:
                  22.10.2018

                  EN

                  Official Journal of the European Union

                  L 263/57

         COMMISSION IMPLEMENTING DIRECTIVE (EU) 2018/1581
         of 19 October 2018
         amending Council Directive 2009/119/EC as regards the methods for calculating stockholding obligations
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Directive 2009/119/EC of 14 September 2009, imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (1), and in particular Article 3(4) thereof,
         Whereas:

                     (1)

                     In accordance with Article 22 of Directive 2009/119/EC the Commission carried out a review of its functioning and implementation (‘mid-term evaluation’), which highlighted the need to introduce a number of technical changes to the Directive, in order to facilitate its implementation. (2)

                     (2)

                     Postponing the start of the new yearly stockholding obligation under Directive 2009/119/EC by three months should give Member States additional time to complete the internal administrative procedures and facilitate compliance within the deadline and, possibly, at lower costs.

                     (3)

                     Regulation (EC) No 1099/2008 of the European Parliament and of the Council (3) is a reference point for the definition of ‘oil stocks’ and for identifying the different petroleum products that are relevant for calculating the stockholding obligation, the level of emergency and specific stocks held and for reporting purposes. Regulation (EC) No 1099/2008 has been modified several times. As a result references to specific provisions of Regulation (EC) No 1099/2008 in Directive 2009/119/EC have become outdated and need to be adapted so that they refer to the appropriate provisions of that Regulation.

                     (4)

                     The application of two different formulas for calculating the quantities of naphtha that are not relevant for calculating the stockholding obligation, depending on whether the naphtha yield over the previous year was smaller or greater than 7 %, has led in practice to fluctuations in the stockholding obligations for some Member States which may cause a substantial financial burden and lack of compliance, without being justified by the Directive's objectives. Removing the 7 % threshold and giving the same options to all Member States should eliminate inequalities and unjustified fluctuations.

                     (5)

                     In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (4), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments.

                     (6)

                     The measures provided for in this Directive are in accordance with the opinion of the Committee set up under Article 23 of Directive 2009/119/EC,

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Directive 2009/119/EC is amended as follows:

                        (1)

                        in Article 2, point (i) is replaced by the following:

                                    ‘(i)

                                    “oil stocks” means stocks of the energy products listed in Chapter 3.4 of Annex A to Regulation (EC) No 1099/2008’;

                        (2)

                        in Article 3, paragraph (3) is replaced by the following:

                           ‘3.   However, notwithstanding paragraph 2, the daily averages of net imports and inland consumption, as referred to in that paragraph, shall be determined, as regards the period from 1 January to 30 June of each calendar year, on the basis of the quantities imported or consumed during the last year but one before the calendar year in question.’;

                        (3)

                        in Article 6, the second sentence of paragraph (1) is replaced by the following:
                        ‘That register shall contain, in particular, information needed to pinpoint the depot, refinery or storage facility where the stocks in question are located, as well as the quantities involved, the owner of the stocks and their nature, with reference to the categories identified in Chapter 3.4 of Annex A to Regulation (EC) No 1099/2008.’;

                        (4)

                        in Article 9, the first sentence of paragraph (2) is replaced by the following:

                           ‘2.   Specific stocks can only be composed of one or more of the following product categories, as defined in Chapter 3.4 of Annex A to Regulation (EC) No 1099/2008:’;

                        (5)

                        in Article 9, the third subparagraph of paragraph (3) is replaced by the following:
                        ‘The crude oil equivalents referred to in the first and second subparagraphs are calculated by multiplying by a factor of 1,2 the sum of the aggregate “observed gross inland deliveries”, as defined in Section 3.2.2.11 of Annex C to Regulation (EC) No 1099/2008, for the products included in the categories used or concerned. International marine bunkers are not included in the calculation’;

                        (6)

                        in Annex II, the second subparagraph is replaced by the following:
                        ‘Inland consumption is the sum of the aggregate “observed gross inland deliveries”, as defined in Section 3.2.2.11 of Annex C to Regulation (EC) No 1099/2008, of the following products only: motor gasoline, aviation gasoline, gasoline-type jet fuel (naphtha-type jet fuel or JP4), kerosene-type jet fuel, other kerosene, gas/diesel oil (distillate fuel oil) and fuel oil (high sulphur content and low sulphur content) as defined in Chapter 3.4 of Annex A to Regulation (EC) No 1099/2008.’;

                        (7)

                        in Annex III, point (a) of the sixth subparagraph is replaced by the following:

                                    ‘(a)

                                    include all other stocks of the petroleum products identified in Chapter 3.4 of Annex A to Regulation (EC) No 1099/2008 and calculate the crude oil equivalent by multiplying the quantities by a factor of 1,065; or’.

                        (8)

                        Annex I is replaced by the text in the Annex to this Directive.

            Article 2

               1.   Member States shall adopt and publish, by 19 October 2019 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
               They shall apply those provisions from 1 January 2020.
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

               2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

            Article 3
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 4
            This Directive is addressed to the Member States.

            Done at Brussels, 19 October 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 265, 9.10.2009, p. 9.

            (2)  Commission Staff Working Document, Mid-term evaluation of Council Directive 2009/119/EC imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (SWD(2017) 439 final)

            (3)  Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (OJ L 304, 14.11.2008, p. 1).

            (4)  OJ C 369, 17.12.2011, p. 14.

            ANNEX
            ‘

                     ANNEX I

                        METHOD FOR CALCULATING THE CRUDE OIL EQUIVALENT OF IMPORTS OF PETROLEUM PRODUCTS

                     Member States shall calculate the crude oil equivalent of imports of petroleum products, as referred to in Article 3, using the following method.

                                 (1)

                                 The sum of net imports of crude oil, natural gas liquids (NGL), refinery feedstocks and other hydrocarbons, as defined in Annex A, Chapter 3.4 of Regulation (EC) No 1099/2008 (*1), shall be calculated and adjusted to take account of any stock changes. From the resulting figure, one of the following figures shall be deducted for naphtha yield:

                                             —

                                             4 %,

                                             —

                                             the average naphtha yield,

                                             —

                                             the net actual naphtha consumption.

                                 (2)

                                 The sum of the net imports of all other petroleum products, as defined in Annex A, Chapter 3.4 of Regulation (EC) No 1099/2008, excluding naphtha, shall be calculated and adjusted to take account of stock changes and shall be multiplied by a factor of 1,065.

                           The sum of the figures resulting from (1) and (2) represents the crude oil equivalent.
                     International marine bunkers shall not be included in the calculation.

               ’


title: Commission Delegated Directive (EU) 2019/369 of 13 December 2018 amending the Annex to Council Framework Decision 2004/757/JHA as regards the inclusion of new psychoactive substances in the definition of ‘drug’

text:
                  7.3.2019

                  EN

                  Official Journal of the European Union

                  L 66/3

         COMMISSION DELEGATED DIRECTIVE (EU) 2019/369
         of 13 December 2018
         amending the Annex to Council Framework Decision 2004/757/JHA as regards the inclusion of new psychoactive substances in the definition of ‘drug’
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive (EU) 2017/2103 of the European Parliament and of the Council of 15 November 2017 amending Council Framework Decision 2004/757/JHA in order to include new psychoactive substances in the definition of ‘drug’ and repealing Council Decision 2005/387/JHA (1), and in particular Article 3(3) thereof,
         Whereas:

                     (1)

                     The Annex to Council Framework Decision 2004/757/JHA (2) contains a list of substances which fall under the definition of drug under point 1(b) of Article 1 of that Framework Decision.

                     (2)

                     The Annex to Framework Decision 2004/757/JHA was added by Directive (EU) 2017/2103. It lists all the new psychoactive substances, which were subjected to control measures and criminal penalties pursuant to Council Decision 2005/387/JHA (3) before the adoption of Directive (EU) 2017/2103.

                     (3)

                     Directive (EU) 2017/2103 repealed Decision 2005/387/JHA with effect from 23 November 2018. From the adoption of Directive (EU) 2017/2103 until 23 November 2018, five new psychoactive substances were subjected to control measures and criminal penalties under Decision 2005/387/JHA. However, those new psychoactive substances are not yet included into the Annex to Framework Decision 2004/757/JHA.

                     (4)

                     Therefore, due to the repeal of Decision 2005/387/JHA, the following new psychoactive substances should be included in the Annex to Framework Decision 2004/757/JHA:

                                 (a)

                                    N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide (furanylfentanyl) subjected to control measures by Council Implementing Decision (EU) 2017/2170 (4);

                                 (b)

                                    N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA) subjected to control measures by Council Implementing Decision (EU) 2018/747 (5);

                                 (c)

                                 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (CUMYL-4CN-BINACA) subjected to control measures by Council Implementing Decision (EU) 2018/748 (6);

                                 (d)

                                    N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]cyclopropanecarboxamide (cyclopropylfentanyl) and 2-methoxy-N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]acetamide (methoxyacetylfentanyl) subjected to control measures by Council Implementing Decision (EU) 2018/1463 (7).

                     (5)

                     Ireland is bound by Directive (EU) 2017/2103 and is therefore taking part in the adoption and application of this delegated directive.

                     (6)

                     The United Kingdom is not bound by Directive (EU) 2017/2103 and is therefore not taking part in the adoption and application of this delegated directive and is not bound by it or subject to its application.

                     (7)

                     Denmark is not bound by Directive (EU) 2017/2103 and is therefore not taking part in the adoption and application of this delegated directive and is not bound by it or subject to its application.

                     (8)

                     Framework Decision 2004/757/JHA should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Amendment to Framework Decision 2004/757/JHA
            The following is added to the list in the Annex to Framework Decision 2004/757/JHA:

                           ‘13.

                              N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide (furanylfentanyl), as referred to in Council Implementing Decision (EU) 2017/2170 (*1).

                           14.

                              N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA), as referred to in Council Implementing Decision (EU) 2018/747 (*2).

                           15.

                           1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (CUMYL-4CN-BINACA), as referred to in Council Implementing Decision (EU) 2018/748 (*3).

                           16.

                              N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]cyclopropanecarboxamide (cyclopropylfentanyl) and 2-methoxy-N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]acetamide (methoxyacetylfentanyl), as referred to in Council Implementing Decision (EU) 2018/1463 (*4).

            Article 2
            Transposition

               1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 7 September 2019 at the latest. However, they shall bring into force the laws, regulations and administrative provisions necessary to comply with point 16 of the Annex to Framework Decision 2004/757/JHA referred to in Article 1 of this Directive by 29 September 2019. They shall forthwith communicate to the Commission the text of those provisions.
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

               2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

            Article 3
            Entry into force
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 4
            This Directive is addressed to the Member States in accordance with the Treaties.

            Done at Brussels, 13 December 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 305, 21.11.2017, p. 12.

            (2)  Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (OJ L 335, 11.11.2004, p. 8).

            (3)  Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk-assessment and control of new psychoactive substances (OJ L 127, 20.5.2005, p. 32).

            (4)  Council Implementing Decision (EU) 2017/2170 of 15 November 2017 on subjecting N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide (furanylfentanyl) to control measures (OJ L 306, 22.11.2017, p. 19).

            (5)  Council Implementing Decision (EU) 2018/747 of 14 May 2018 on subjecting the new psychoactive substance N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (ADB-CHMINACA) to control measures (OJ L 125, 22.5.2018, p. 8).

            (6)  Council Implementing Decision (EU) 2018/748 of 14 May 2018 on subjecting the new psychoactive substance 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (CUMYL-4CN-BINACA) to control measures (OJ L 125, 22.5.2018, p. 10).

            (7)  Council Implementing Decision (EU) 2018/1463 of 28 September 2018 on subjecting the new psychoactive substances N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]cyclopropanecarboxamide (cyclopropylfentanyl) and 2-methoxy-N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]acetamide (methoxyacetylfentanyl) to control measures (OJ L 245, 1.10.2018, p. 9).


title: Commission Implementing Directive (EU) 2019/990 of 17 June 2019 amending the list of genera and species in Article 2(1)(b) of Council Directive 2002/55/EC, in Annex II to Council Directive 2008/72/EC and in the Annex to Commission Directive 93/61/EEC (Text with EEA relevance.)

text:
                  18.6.2019

                  EN

                  Official Journal of the European Union

                  L 160/14

         COMMISSION IMPLEMENTING DIRECTIVE (EU) 2019/990
         of 17 June 2019
         amending the list of genera and species in Article 2(1)(b) of Council Directive 2002/55/EC, in Annex II to Council Directive 2008/72/EC and in the Annex to Commission Directive 93/61/EEC
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (1), and in particular Article 2(2) thereof,
         Having regard to Council Directive 2008/72/EC of 15 July 2008 on the marketing of vegetable propagating and planting material other than seed (2), and in particular Articles 1(3) and 22 thereof,
         Having regard to Commission Directive 93/61/EEC of 2 July 1993 setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seed pursuant to Council Directive 92/33/EEC (3), and in particular Article 1 thereof,
         Whereas:

                     (1)

                     Directives 2002/55/EC and 2008/72/EC provide for the species they cover by way of a two-column table, one column listing the scientific name of the species and the other one listing one or several common names for each species.

                     (2)

                     Certain varieties of vegetable species belong to species listed under their scientific names, but not to the types of varieties described by the common names. Therefore, it should be specified whether a variety is covered by the scope of Directives 2002/55/EC and 2008/72/EC.

                     (3)

                     This specification should take into account the fact that, while some varieties of certain diverse vegetable species are marketed widely in the Union, others have nationally or regionally limited markets. It would thus not be appropriate to cover all varieties of those vegetable species. It should therefore be specified that for certain species all varieties are to be covered, while for certain other species only certain varieties should be covered.

                     (4)

                     The International Code of Nomenclature for Cultivated Plants (ICNCP) introduced the formal category of ‘Group’ to classify varieties of cultivated species. The category of ‘Group’ is a suitable instrument to define the varieties belonging to a certain species, which fall within the scope of Directives 2002/55/EC and 2008/72/EC.

                     (5)

                     For the purpose of specifying whether all varieties of a vegetable species or only certain Groups are covered, the tables of species provided for in Directives 2002/55/EC and 2008/72/EC should be amended. The respective botanical names of vegetable species and the Group names belonging to them should be presented in a hierarchical order as to eliminate any possible ambiguity with respect to the scope of the varieties of the species concerned.

                     (6)

                     The use of interspecific hybridisation and of intra-specific hybridisation of varieties can result in varieties of vegetable species that are not included into any established species or Group. In order to include such types of varieties in the scope of Directive 2002/55/EC, the list of species should include hybrids between species and Groups indicated in the list in point (b) of Article 2.1 of that Directive.

                     (7)

                     The Groups indicated in the list in point (b) of Article 2.1 of Directive 2002/55/EC should also be reflected, where appropriate, in the lists in Annex II, point 3(a), and Annex III, point 2 of that Directive.

                     (8)

                     Directives 2002/55/EC, 2008/72/EC and 93/61/EEC should therefore be amended accordingly.

                     (9)

                     Moreover, Commission Directive 93/61/EEC implements Article 4 of Council Directive 92/33/EC (4), which has been repealed and replaced by Article 4 of Directive 2008/72/EC. The Annex to Directive 93/61/EEC establishes a schedule indicating the conditions to be met by vegetable propagating material listing those species and the harmful organisms liable to affect their quality.

                     (10)

                     The botanical names of certain species in Directive 93/61/EEC should be updated in accordance with the development of scientific knowledge, as part of updating the respective schedule.

                     (11)

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

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Amendments to Directive 2002/55/EC
            Directive 2002/55/EC is amended in accordance with part A of the Annex to this Directive.

            Article 2
            Amendments to Directive 2008/72/EC
            Annex II to Directive 2008/72/EC is replaced by the text set out in part B of the Annex to this Directive.

            Article 3
            Amendments to Directive 93/61/EEC
            The Annex of Directive 93/61/EEC is amended in accordance with part C of the Annex to this Directive.

            Article 4
            Transposition
            Member States shall adopt and publish, by 30 June 2020, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof.
            They shall apply those provisions from 1 July 2020.
            When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

            Article 5
            Entry into force
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 6
            Addressees
            This Directive is addressed to the Member States.

            Done at Brussels, 17 June 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 193, 20.7.2002, p. 33.

            (2)  OJ L 205, 1.8.2008, p. 28.

            (3)  OJ L 250, 7.10.1993, p. 19.

            (4)  Council Directive 92/33/EEC of 28 April 1992 on the marketing of vegetable propagating and planting material, other than seed (OJ L 157, 10.6.1992, p. 1).

            ANNEX
            PART A
            Directive 2002/55/EC is amended as follows:

                        (1)

                        point (b) of Article 2(1) is replaced by the following:

                                    ‘Allium cepa L.

                                                —

                                                Cepa Group (Onion, Echalion)

                                                —

                                                Aggregatum Group (Shallot)

                                       Allium fistulosum L. (Japanese bunching onion or Welsh onion)

                                                —

                                                all varieties

                                       Allium porrum L. (Leek)

                                                —

                                                all varieties

                                       Allium sativum L. (Garlic)

                                                —

                                                all varieties

                                       Allium schoenoprasum L. (Chives)

                                                —

                                                all varieties

                                       Anthriscus cerefolium (L.) Hoffm. (Chervil)

                                                —

                                                all varieties

                                       Apium graveolens L.

                                                —

                                                Celery Group

                                                —

                                                Celeriac Group

                                       Asparagus officinalis L. (Asparagus)

                                                —

                                                all varieties

                                       Beta vulgaris L.

                                                —

                                                Garden Beet Group (Beetroot including Cheltenham beet)

                                                —

                                                Leaf Beet Group (Spinach beet or Chard)

                                       Brassica oleracea L.

                                                —

                                                Kale Group

                                                —

                                                Cauliflower Group

                                                —

                                                Capitata Group (Red cabbage and White cabbage)

                                                —

                                                Brussel Sprouts Group

                                                —

                                                Kohlrabi Group

                                                —

                                                Savoy Cabbage Group

                                                —

                                                Broccoli Group (calabrese type and sprouting type)

                                                —

                                                Palm Kale Group

                                                —

                                                Tronchuda Group (Portuguese cabbage)

                                       Brassica rapa L.

                                                —

                                                Chinese Cabbage Group

                                                —

                                                Vegetable Turnip Group

                                       Capsicum annuum L. (Chili or Pepper)

                                                —

                                                all varieties

                                       Cichorium endivia L. (Endive)

                                                —

                                                all varieties

                                       Cichorium intybus L.

                                                —

                                                Witloof Chicory Group

                                                —

                                                Leaf Chicory Group (Large-leaved chicory or Italian chicory)

                                                —

                                                Industrial (Root) Chicory Group

                                       Citrullus lanatus (Thunb.) Matsum. et Nakai (Watermelon)

                                                —

                                                all varieties

                                       Cucumis melo L. (Melon)

                                                —

                                                all varieties

                                       Cucumis sativus L.

                                                —

                                                Cucumber Group

                                                —

                                                Gherkin Group

                                       Cucurbita maxima Duchesne (Gourd)

                                                —

                                                all varieties

                                       Cucurbita pepo L. (Marrow, including mature pumpkin and scallop squash, or Courgette, including immature scallop squash)

                                                —

                                                all varieties

                                       Cynara cardunculus L.

                                                —

                                                Globe Artichoke Group

                                                —

                                                Cardoon Group

                                       Daucus carota L. (Carrot and Fodder Carrot)

                                                —

                                                all varieties

                                       Foeniculum vulgare Mill. (Fennel)

                                                —

                                                Azoricum Group

                                       Lactuca sativa L. (Lettuce)

                                                —

                                                all varieties

                                       Solanum lycopersicum L. (Tomato)

                                                —

                                                all varieties

                                       Petroselinum crispum (Mill.) Nyman ex A. W. Hill

                                                —

                                                Leaf Parsley Group

                                                —

                                                Root Parsley Group

                                       Phaseolus coccineus L. (Runner bean)

                                                —

                                                all varieties

                                       Phaseolus vulgaris L.

                                                —

                                                Dwarf French Bean Group

                                                —

                                                Climbing French Bean Group

                                       Pisum sativum L.

                                                —

                                                Round Pea Group

                                                —

                                                Wrinkled Pea Group

                                                —

                                                Sugar Pea Group

                                       Raphanus sativus L.

                                                —

                                                Radish Group

                                                —

                                                Black Radish Group

                                       Rheum rhabarbarum L. (Rhubarb)

                                                —

                                                all varieties

                                       Scorzonera hispanica L. (Scorzonera or Black salsify)

                                                —

                                                all varieties

                                       Solanum melongena L. (Aubergine or Eggplant)

                                                —

                                                all varieties

                                       Spinacia oleracea L. (Spinach)

                                                —

                                                all varieties

                                       Valerianella locusta (L.) Laterr. (Corn salad or Lamb's lettuce)

                                                —

                                                all varieties

                                       Vicia faba L. (Broad bean)

                                                —

                                                all varieties

                                       Zea mays L.

                                                —

                                                Sweet Corn Group

                                                —

                                                Popcorn Group

                              All hybrids of the species and Groups listed above.’

                        (2)

                        in the first column of the table in point 3(a) of Annex II, the entries between ‘Asparagus officinalis’ and ‘Cichorium endivia’ are replaced by the following:

                                    ‘Beta vulgaris (Garden Beet Group)

                                       Beta vulgaris (other than Garden Beet Group)

                                       Brassica oleracea (Cauliflower Group)

                                       Brassica oleracea (other than Cauliflower Group)

                                       Brassica rapa (Chinese Cabbage Group)

                                       Brassica rapa (Vegetable Turnip Group)

                                       Capsicum annuum

                                       Cichorium intybus (Witloof Chicory Group, Leaf Chicory Group)

                                       Cichorium intybus (Industrial (Root) Chicory Group).’

                        (3)

                        in the first column of the table in point 2 of Annex III, the entries between ‘Capsicum annuum’ and ‘Cichorium endivia’ are replaced by the following:

                                    ‘Cichorium intybus (Witloof Chicory Group, Leaf Chicory Group)

                                       Cichorium intybus (Industrial (Root) Chicory Group).’

                  PART B

                     ‘ANNEX II

                        List of the genera and species referred to in Article 1(2)

                                    Allium cepa L.

                                             Cepa Group (Onion, Echalion)

                                             Aggregatum Group (Shallot)

                                    Allium fistulosum L. (Japanese bunching onion or Welsh onion)

                                             all varieties

                                    Allium porrum L. (Leek)

                                             all varieties

                                    Allium sativum L. (Garlic)

                                             all varieties

                                    Allium schoenoprasum L. (Chives)

                                             all varieties

                                    Anthriscus cerefolium (L.) Hoffm. (Chervil)

                                             all varieties

                                    Apium graveolens L.

                                             Celery Group

                                             Celeriac Group

                                    Asparagus officinalis L. (Asparagus)

                                             all varieties

                                    Beta vulgaris L.

                                             Garden Beet Group (Beetroot including Cheltenham beet)

                                             Leaf Beet Group (Spinach beet or Chard)

                                    Brassica oleracea L.

                                             Kale Group

                                             Cauliflower Group

                                             Capitata Group (Red cabbage and White cabbage)

                                             Brussel Sprouts Group

                                             Kohlrabi Group

                                             Savoy Cabbage Group

                                             Broccoli Group (calabrese type and sprouting type)

                                             Palm Kale Group

                                             Tronchuda Group (Portuguese cabbage)

                                    Brassica rapa L.

                                             Chinese Cabbage Group

                                             Vegetable Turnip Group

                                    Capsicum annuum L. (Chili or Pepper)

                                             all varieties

                                    Cichorium endivia L. (Endive)

                                             all varieties

                                    Cichorium intybus L.

                                             Witloof Chicory Group

                                             Leaf Chicory Group (Large-leaved chicory or Italian chicory)

                                             Industrial (Root) Chicory Group

                                    Citrullus lanatus (Thunb.) Matsum. et Nakai (Watermelon)

                                             all varieties

                                    Cucumis melo L. (Melon)

                                             all varieties

                                    Cucumis sativus L.

                                             Cucumber Group

                                             Gherkin Group

                                    Cucurbita maxima Duchesne (Gourd)

                                             all varieties

                                    Cucurbita pepo L. (Marrow, including mature pumpkin and scallop squash, or Courgette, including immature scallop squash)

                                             all varieties

                                    Cynara cardunculus L.

                                             Globe Artichoke Group

                                             Cardoon Group

                                    Daucus carota L. (Carrot and Fodder Carrot)

                                             all varieties

                                    Foeniculum vulgare Mill. (Fennel)

                                             Azoricum Group

                                    Lactuca sativa L. (Lettuce)

                                             all varieties

                                    Solanum lycopersicum L. (Tomato)

                                             all varieties

                                    Petroselinum crispum (Mill.) Nyman ex A. W. Hill

                                             Leaf Parsley Group

                                             Root Parsley Group

                                    Phaseolus coccineus L. (Runner bean)

                                             all varieties

                                    Phaseolus vulgaris L.

                                             Dwarf French Bean Group

                                             Climbing French Bean Group

                                    Pisum sativum L.

                                             Round Pea Group

                                             Wrinkled Pea Group

                                             Sugar Pea Group

                                    Raphanus sativus L.

                                             Radish Group

                                             Black Radish Group

                                    Rheum rhabarbarum L. (Rhubarb)

                                             all varieties

                                    Scorzonera hispanica L. (Scorzonera or Black salsify)

                                             all varieties

                                    Solanum melongena L. (Aubergine or Eggplant)

                                             all varieties

                                    Spinacia oleracea L. (Spinach)

                                             all varieties

                                    Valerianella locusta (L.) Laterr. (Corn salad or Lamb's lettuce)

                                             all varieties

                                    Vicia faba L. (Broad bean)

                                             all varieties

                                    Zea mays L.

                                             Sweet Corn Group

                                             Popcorn Group.

               ’
            PART C
            In the Annex to Directive 93/61/EEC, the column ‘Genus or species’ is amended as follows:

                        (a)

                        the words ‘Allium ascalonicum’ are replaced by the words ‘Allium cepa — Aggregatum Group’;

                        (b)

                        the words ‘Allium cepa’ are replaced by the words ‘Allium cepa – Cepa Group’;

                        (c)

                        the words ‘Brassica pekinensis’ are replaced by the words ‘Brassica rapa – Chinese Cabbage Group’;

                        (d)

                        the words ‘Lycopersicon lycopersicum’ are replaced by the words ‘Solanum lycopersicum’.


title: Commission Delegated Directive (EU) 2019/1845 of 8 August 2019 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for bis(2-ethylhexyl) phthalate (DEHP) in certain rubber components used in engine systems (Text with EEA relevance)

text:
                  5.11.2019

                  EN

                  Official Journal of the European Union

                  L 283/38

         COMMISSION DELEGATED DIRECTIVE (EU) 2019/1845
         of 8 August 2019
         amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for bis(2-ethylhexyl) phthalate (DEHP) in certain rubber components used in engine systems

            (Text with EEA relevance)

         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1) and in particular Article 5(1)(a) thereof,
         Whereas:

                     (1)

                     Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain the hazardous substances listed in Annex II to that Directive. That requirement does not apply to the applications listed in Annex III to Directive 2011/65/EU.

                     (2)

                     The different categories of electrical and electronic equipment to which Directive 2011/65/EU applies are listed in Annex I to that Directive.

                     (3)

                     Bis(2-ethylhexyl) phthalate (DEHP) is a restricted substance listed in Annex II to Directive 2011/65/EU. On 29 June 2017, the Commission received an application made in accordance with Article 5(3) of Directive 2011/65/EU for an exemption, to be listed in Annex III to that Directive, for the use of DEHP in rubber parts such as O-rings, seals, vibration dampers, gaskets, hoses, grommets and cap-plugs that are used in engine systems including exhausts and turbochargers that are designed for use in equipment that is not designed solely for consumer use (‘the requested exemption’).

                     (4)

                     The evaluation of the requested exemption included stakeholder consultations in accordance with Article 5(7) of Directive 2011/65/EU.

                     (5)

                     DEHP is added to rubber material as plasticiser in order to provide flexibility. The rubber components are used as flexible connections between parts of engine systems and assure prevention of leakage, sealing of engine parts and protection from vibration or dirt and fluids over the lifetime of the engines.

                     (6)

                     Currently, there are no DEHP-free alternatives available on the market which would provide sufficient level of reliability for applications in engines where long life and special properties such as resistance to any contact material (e.g. fuel, lubricant oil, coolants, gases, or dirt), temperature and vibration are required.

                     (7)

                     Due to the lack of reliable alternatives, a substitution or elimination of DEHP is still scientifically and technically impracticable for certain rubber parts used in engine systems. The requested exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2) and thus does not weaken the environmental and health protection afforded by it.

                     (8)

                     It is, therefore, appropriate to grant the requested exemption by including the applications covered by it in Annex III to Directive 2011/65/EU with respect to electrical and electronic equipment of category 11 of Annex I to Directive 2011/65/EU.

                     (9)

                     The exemption should be granted for the maximum validity period of 5 years starting from 22 July 2019, in accordance with Article 4(3) and the first subparagraph of Article 5(2) of Directive 2011/65/EU. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

                     (10)

                     Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

            Article 2

               1.   Member States shall adopt and publish, by 30 April 2020 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
               They shall apply those provisions from 1 May 2020.
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

               2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

            Article 3
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 4
            This Directive is addressed to the Member States.

            Done at Brussels, 8 August 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 174, 1.7.2011, p. 88.

            (2)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (OJ L 396, 30.12.2006, p. 1).

            ANNEX
            In Annex III to Directive 2011/65/EU, the following entry 43 is added:

                           ‘43

                           Bis(2-ethylhexyl) phthalate in rubber components in engine systems, designed for use in equipment that is not intended solely for consumer use and provided that no plasticised material comes into contact with human mucous membranes or into prolonged contact with human skin and the concentration value of bis(2-ethylhexyl) phthalate does not exceed:

                                       (a)

                                       30 % by weight of the rubber for

                                                   (i)

                                                   gasket coatings;

                                                   (ii)

                                                   solid-rubber gaskets; or

                                                   (iii)

                                                   rubber components included in assemblies of at least three components using electrical, mechanical or hydraulic energy to do work, and attached to the engine.

                                       (b)

                                       10 % by weight of the rubber for rubber-containing components not referred to in point (a).

                                 For the purposes of this entry, “prolonged contact with human skin” means continuous contact of more than 10 minutes duration or intermittent contact over a period of 30 minutes, per day.

                           Applies to category 11 and expires on 21 July 2024.’


title: Commission Delegated Directive (EU) 2019/1846 of 8 August 2019 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders used in certain combustion engines (Text with EEA relevance)

text:
                  5.11.2019

                  EN

                  Official Journal of the European Union

                  L 283/41

         COMMISSION DELEGATED DIRECTIVE (EU) 2019/1846
         of 8 August 2019
         amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders used in certain combustion engines

            (Text with EEA relevance)

         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1) and in particular Article 5(1)(a) thereof,
         Whereas:

                     (1)

                     Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain the hazardous substances listed in Annex II to that Directive. That requirement does not apply to the applications listed in Annex III to Directive 2011/65/EU.

                     (2)

                     The different categories of electrical and electronic equipment to which Directive 2011/65/EU applies are listed in Annex I to that Directive.

                     (3)

                     Lead is a restricted substance listed in Annex II to Directive 2011/65/EU. On 29 June 2017, the Commission received an application made in accordance with Article 5(3) of Directive 2011/65/EU for an exemption to be listed in Annex III to Directive 2011/65/EU, for the use of lead in solders of sensors, actuators and engine control units that are used to monitor and control engine systems including turbochargers and exhaust emission controls of internal combustion engines used in equipment that are not intended to be used solely by consumers (‘the requested exemption’).

                     (4)

                     The evaluation of the requested exemption included stakeholder consultations in accordance with Article 5(7) of Directive 2011/65/EU.

                     (5)

                     Each engine within scope of the requested exemption is equipped with specific types of sensors, actuators and engine control units that monitor and control its emissions to ensure compliance with Regulation (EU) 2016/1628 of the European Parliament and of the Council (2). The conditions experienced in and close to such engine and an exhaust system can be so severe in terms of elevated temperatures and vibration levels that they may cause early failure of solder bonds.

                     (6)

                     Currently, for the applications of lead covered by the requested exemption, additional time is needed for testing to ensure the reliability of available lead-free substitutes.

                     (7)

                     Due to the lack of reliable alternatives, a substitution or elimination of lead is scientifically and technically impracticable in certain combustion engines. The requested exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3) and thus does not weaken the environmental and health protection afforded by it.

                     (8)

                     It is, therefore, appropriate to grant the requested exemption by including the applications covered by it in Annex III to Directive 2011/65/EU with respect to electrical and electronic equipment of category 11 of Annex I to Directive 2011/65/EU.

                     (9)

                     The exemption should be granted for the maximum validity period of 5 years starting from 22 July 2019, in accordance with Article 4(3) and the first subparagraph of Article 5(2) of Directive 2011/65/EU. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

                     (10)

                     Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

            Article 2

               1.   Member States shall adopt and publish, by 30 April 2020 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
               They shall apply those provisions from 1 May 2020.
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

               2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

            Article 3
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 4
            This Directive is addressed to the Member States.

            Done at Brussels, 8 August 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 174, 1.7.2011, p. 88.

            (2)  Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC (OJ L 252, 16.9.2016, p. 53).

            (3)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (OJ L 396, 30.12.2006, p. 1).

            ANNEX
            In Annex III to Directive 2011/65/EU, the following entry 44 is added:

                           ‘44

                           Lead in solder of sensors, actuators, and engine control units of combustion engines within the scope of Regulation (EU) 2016/1628 of the European Parliament and of the Council (*1), installed in equipment used at fixed positions while in operation which is designed for professionals, but also used by non-professional users

                           Applies to category 11 and expires on 21 July 2024.

               (*1)  Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC (OJ L 252, 16.9.2016, p. 53).’


title: Commission Implementing Directive (EU) 2019/68 of 16 January 2019 establishing technical specifications for the marking of firearms and their essential components under Council Directive 91/477/EEC on control of the acquisition and possession of weapons (Text with EEA relevance.)

text:
                  17.1.2019

                  EN

                  Official Journal of the European Union

                  L 15/18

         COMMISSION IMPLEMENTING DIRECTIVE (EU) 2019/68
         of 16 January 2019
         establishing technical specifications for the marking of firearms and their essential components under Council Directive 91/477/EEC on control of the acquisition and possession of weapons
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (1), and in particular Article 4(2a) thereof,
         Whereas:

                     (1)

                     Article 4(1) of Directive 91/477/EEC obliges Member States to ensure that firearms and their essential components, whether part of a firearm or placed separately on the market, have a clear, permanent and unique marking applied to them. Article 4(2) of that Directive defines the information to be included in the marking in order to increase the traceability of firearms and their essential components and to facilitate their free movement. For very small essential components, the information that has to be included in the marking is confined to a serial number or alphanumeric or digital code. Article 4(4) of that Directive requires Member States to maintain a data-filing system and to record in it all information needed in order to trace and identify firearms, including information about the marking applied to a firearm and its essential components and information about any conversions or modifications to a firearm leading to a change in its category or sub-category, such as information about the entity that replaced or modified an essential component.

                     (2)

                     In the case of a transfer from government stocks to permanent civilian use, the identity of the transferring entity must also be included in the marking. Unless the identity is already present as part of an existing marking, it must be included when the transfer to civilian use occurs.

                     (3)

                     Directive 91/477/EEC further obliges Member States to ensure that each elementary package of complete ammunition is marked in such a way as to indicate the name of the manufacturer, the identification batch (lot) number, the calibre and the type of ammunition. Given current market practice for packaging ammunition and the current state of technology, it is not necessary at this stage to establish technical specifications for that marking. This Directive should therefore apply to the marking of firearms and their essential components only (including very small essential components).

                     (4)

                     Adequate font size of markings is critical to achieve the objective of increasing traceability of firearms and their essential components. The technical specifications should therefore lay down a minimum font size that Member States should be required to follow when setting the font size for those markings in their national law.

                     (5)

                     Having regard to the United Nations International Small Arms Control Standard (ISACS) on marking and recordkeeping, frames and receivers made from non-metallic materials of a kind that risks compromising the clarity and permanence of the marking (for example, frames or receivers made from certain categories of polymer) should be required to have their marking applied to a metal plate that is permanently embedded in the material of the frame or receiver. Member States should be free to allow the use of some other technique, such as deep cut laser engraving, that ensures an equivalent level of clarity and permanence for the marking of frames and receivers made of non-metallic materials.

                     (6)

                     To facilitate the traceability of firearms and their essential components in Member States' data-filing systems, Member States should be required to choose from amongst only Latin, Cyrillic or Greek when determining which alphabet or alphabets may be used to mark firearms and their essential components. Similarly, the numeral systems that may be used for the marking of firearms and their essential components should be restricted to Arabic or Roman, as determined by each Member State.

                     (7)

                     This Directive is without prejudice to Article 3 of Directive 91/477/EEC.

                     (8)

                     In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (2), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments.

                     (9)

                     The measures provided for in this Directive are in accordance with the opinion of the Committee established by Article 13b(1) of Directive 91/477/EEC,

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Scope
            This Directive applies to firearms and their essential components, but it does not apply to elementary packages of complete ammunition.

            Article 2
            Technical specifications for the marking of firearms and their essential components
            Member States shall ensure that the marking required by Article 4 of Directive 91/477/EEC meets the technical specifications set out in the Annex to this Directive.

            Article 3
            Transposition provisions

               1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 17 January 2020 at the latest. They shall immediately inform the Commission thereof.
               When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

               2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

            Article 4
            Entry into force
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 5
            Addressees
            This Directive is addressed to the Member States.

            Done at Brussels, 16 January 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 256, 13.9.1991, p. 51.

            (2)  OJ C 369, 17.12.2011, p. 14.

            ANNEX

               Technical specifications for the marking of firearms and their essential components

                        1.

                        The font size used in the marking is as laid down by the Member State. The size or minimum size laid down by each Member State shall be at least 1,6 mm. Where required, a smaller font size may be used for the marking of essential components that are too small to be marked in compliance with Article 4 of Directive 91/477/EEC.

                        2.

                        For frames or receivers made from a non-metallic material of a kind specified by the Member State, the marking is applied to a metal plate that is permanently embedded in the material of the frame or receiver in such a way that:

                                    (a)

                                    the plate cannot be easily or readily removed; and

                                    (b)

                                    removing the plate would destroy a portion of the frame or receiver.

                              Member States may also permit the use of other techniques for marking such frames or receivers, provided that those techniques ensure an equivalent level of clarity and permanence for the marking.
                        In determining which non-metallic materials to specify for the purposes of this specification, Member States shall have regard to the extent to which the material may compromise the clarity and permanence of the marking.

                        3.

                        The alphabet used in the marking is as laid down by the Member State. The alphabet or alphabets laid down by each Member State shall be Latin, Cyrillic or Greek.

                        4.

                        The numeral system used in the marking shall be as laid down by the Member State. The numeral system or systems laid down by each Member State shall be Arabic or Roman.