title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Regulation (EC) No 1238/95 as regards the fees payable to the Community Plant Variety Office

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

               of 26.11.2019

               amending Regulation (EC) No 1238/95 as regards the fees payable to the Community Plant Variety Office

               THE EUROPEAN COMMISSION,

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

               Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community Plant Variety Rights
                  1
               , and in particular Article 113 thereof,

               After consulting the Administrative Council of the Community Plant Variety Office,

               Whereas:

               (1)Article 3(2) of Commission Regulation (EC) No 1238/95
                  2
                provides that the President of the Community Plant Variety Office (‘the Office’) may allow alternative forms of payment of fees and surcharges and establishes a list of those alternative forms. In order to increase flexibility and simplify the processes it is appropriate to include such list of alternative forms of payment in the rules on working methods established by the Administrative Council of the Office on the basis of Article 36(1)(d) of Regulation (EC) No 2100/94.

               (2)Article 4(1) of Regulation (EC) No 1238/95 sets out the date to be regarded as the date on which payment is received. Based on experience in processing payments, it is necessary to clarify that the full amount of the transfer is to be entered in a bank account held by the Office to ensure that no pending obligations exist towards the Office.

               (3)Article 5 of Regulation (EC) No 1238/95 requires the person having made a payment to the Office to indicate in writing his name and the purpose of the payment. If the purpose of the payment cannot be established, the Office sends a reminder within two months. To increase the efficiency of handling payments, this deadline should be reduced from two months to one month.

               (4)Article 7(1) of Regulation (EC) No 1238/95 establishes the application fee. In order to encourage the use of the Office’s online electronic application system the fee for submission of applications by other means, such as paper applications, should be increased from EUR 650 to EUR 800. Moreover, practical experience has shown that the use of the online electronic application system would become more efficient if it  was complemented with the obligatory use of the Office’s paperless communication platform for any further exchanges with the Office.

               (5)According to Article 7(7) of Regulation (EC) No 1238/95 the Office is to retain EUR 150 of the application fee if the application is not valid under Article 50 of Regulation (EC) No 2100/94. In order to decrease the administrative burden, the entirety of the application fee should be refunded.

               (6)In relation to the annual fee, Article 9(4) of Regulation (EC) No 1238/95 lays down that the Office does not refund any payments which have been effected in order to keep the Community plant variety right in force. Experience has shown that, in order to improve transparency, a refund may be provided for if the Office has received a surrender between the date of payment and the anniversary of the date of grant.

               (7)Annex I to Regulation (EC) No 1238/95 sets out the level of fees for arranging and carrying out the technical examination of a variety which is  the subject of an application for a Community plant variety right (‘the examination fee’), payable to the Office..

               (8)The Administrative Council of the Office has decided to follow the principle of 100% cost recovery so that the examination offices are reimbursed based on the average real costs of examinations.

               (9)Moreover, experience with technical examinations shows that examination fees may change over time for some cost groups. The fees charged by the Office should therefore reflect the total amount of the fees for the respective cost groups to be paid by the Office to the Examination Offices. The fees set out in Annex I to Regulation (EC) No 1238/95 should therefore be modified for all the cost groups concerned.

               (10)Regulation (EC) No 1238/95 should therefore be amended accordingly.

               (11)This Regulation should apply from 1 April 2020 in order to allow sufficient time for the Office and the stakeholders to adapt to those amendments.

               (12)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights,

               HAS ADOPTED THIS REGULATION:

               Article 1

               Regulation (EC) No 1238/95 is amended as follows:

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

               ‘2.The President of the Office may allow alternative forms of payment in accordance with rules on working methods which shall be established pursuant to Article 36(1)(d) of Council Regulation (EC) No 2100/94.’

               (2)In Article 4, paragraph 1 is replaced by the following:

               ‘1.The date on which a payment of fees and surcharges shall be considered to have been received by the Office shall be the date on which the full amount of the transfer referred to in Article 3(1) is entered in a bank account held by the Office.’

               (3)In Article 5, paragraph 2 is replaced by the following:

               ‘2.If the Office cannot establish the purpose of a payment, it shall require the person having made the payment to inform it thereof in writing within one month. If the purpose is not indicated within that period, the payment shall be deemed not to have been made and shall be refunded to the person having made it.’

               (4)Article 7 is amended as follows:

               (a)Paragraph 1 is replaced by the following:

               ‘1.The applicant for a Community Plant Variety Right (the applicant) shall pay a fee of EUR 450 for the processing of an application filed and submitted via a web form by electronic means, made through the Office's online application system.

               The applicant shall accept the Terms and Conditions of use of the secure electronic communications platform maintained by the Office and shall use that platform for submitting applications referred to in the first subparagraph and other documents, receiving notifications and documents sent by the Office, replying to such notifications and performing other actions.

               The applicant shall pay a fee of EUR 800 for the processing of an application submitted by means other than through the Office's online application system.’

               (b)Paragraph 7 is replaced by the following:

               ‘7.Where the application fee is received but the application is not valid under Article 50 of the basic Regulation, the Office shall refund the application fee when notifying the applicant of the deficiencies found in the application.’

               (5)In Article 9, paragraph 4 is replaced by the following:

               ‘4.The Office shall not refund any payments in relation to the annual fee which have been effected in order to keep the Community plant variety right in force, unless the Office has received a surrender of a Community plant variety right between the date for payment and the anniversary of the date grant as specified under point (b) of paragraph 2. Surrenders received after the anniversary of the date grant shall not be taken into account for such payments.’

               (6)Annex I is replaced by the text in the Annex to this Regulation.

               Article 2

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

               It shall apply from 1 April 2020.

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

               Done at Brussels, 26.11.2019

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 227, 1.9.1994, p. 1.

                     (2)

                        Commission Regulation (EC) No 1238/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety Office (OJ L 121, 1.6.1995, p. 31).

    ---documentbreak---

               ANNEX

               'ANNEX I

               Fees relating to technical examination as referred to in Article 8

               The fee to be paid for the technical examination of a variety pursuant to Article 8 shall be determined in accordance with the table:

               (in EUR)

                        Cost group

                        Fee

                        Agricultural group

                        1

                        Potato

                        2 050

                        2

                        Oilseed rape

                        2 150

                        3

                        Grasses

                        2 920

                        4

                        Other agricultural species

                        1 900

                        Fruit group

                        5

                        Apple

                        3 665

                        6

                        Strawberry

                        3 400

                        7

                        Other fruit species

                        3 460

                        Ornamental group

                        8

                        Ornamental living greenhouse

                        2 425

                        9

                        Ornamental living outdoor

                        2 420

                        10

                        Ornamental non-living greenhouse

                        2 400

                        11

                        Ornamental non-living outdoor

                        2 200

                        12

                        Ornamental special

                        3 900

                        Vegetable group

                        13

                        Vegetable greenhouse

                        2 920

                        14

                        Vegetable outdoor

                        2 660

               '


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) 2017/1152 to clarify the WLTP test conditions and provide for the monitoring of type approval data

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

               of 18.12.2018

               amending Implementing Regulation (EU) 2017/1152 to clarify the WLTP test conditions and provide for the monitoring of type approval data

               (Text with EEA relevance)

               THE EUROPEAN COMMISSION,

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

               Having regard to Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union’s integrated approach to reduce CO2 emissions from light-duty vehicles
                  1
               , and in particular the third subparagraph of Article 13(6) thereof,

               Whereas:

               (1)In order to take into account the difference in the level of CO2 emissions determined under the New European Test Cycle (NEDC) and those determined under the new Worldwide Harmonised Light Vehicle Test Procedure (WLTP), a methodology for correlating the CO2 emission values has been put in place through Commission Implementing Regulation (EU) 2017/1152
                  2
                with regard to light commercial vehicles.

               (2)The correlation methodology is to deliver results that ensure that the reduction requirements set out in Regulation (EU) No 510/2011 are of comparable stringency under the old and the new test procedures. Approval authorities and technical services should therefore, together with manufacturers, strive to ensure that WLTP and NEDC tests that are carried out for the purpose of this Regulation are performed under test conditions that are comparable and coherent with the objectives of this Regulation.

               (3)For that purpose, it is necessary to clarify certain aspects of the WLTP test conditions that should apply for the correlations performed in view of providing WLTP and NEDC monitoring CO2 emissions data for vehicles newly registered in 2020. Those clarifications should apply without prejudice to the procedure and requirements set out in Commission Regulation (EU) 2017/1151
                  3
                and without affecting the validity of any type approvals granted on that basis.

               (4)It is also necessary to determine the difference in 2020 between the CO2 emission values declared by the manufacturers for the purpose of the WLTP type approval with those measured pursuant to Regulation (EU) 2017/1151.  Manufacturers should therefore be required to calculate and report to the Commission the WLTP CO2 values for all new light commercial vehicles registered in the calendar year 2020 using the measurement values for vehicle H and L as input to the interpolation method.

               (5)For a limited number of interpolation families, only vehicle H measurement values will be available in 2020. The number of those families should be closely monitored and the Commission should consider excluding those families from the calculation of the 2020 reference data, should there be a significant increase in the number of such families as compared to the 2018 situation.

               (6)The transparency in the emissions testing should be improved, and data on the WLTP tests as well as on the correlation results should therefore be made available to the Commission. This will allow the Commission to swiftly identify and address issues and possible inconsistencies relating to the implementation of the procedures. For that reason, the input data matrix should be completed for each WLTP test performed and be transmitted to the Commission in its entirety as part of the correlation tool data exchange. To ensure confidentiality, the input data file should be encrypted in view of its transmission.

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

               HAS ADOPTED THIS REGULATION:

               Article 1

               Implementing Regulation (EU) 2017/1152 is amended as follows:

               (1)The following Article 6a is added:

               “Article 6a
                  Reporting of WLTP measurement results

               1.Manufacturers shall calculate the combined CO2 value for each new light commercial vehicle registered in 2020 in accordance with the formula set out in the second subparagraph of paragraph 3.2.3.2.4. of Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151, where the terms MCO2-H and MCO2-L shall, for the interpolation family concerned, be replaced by the values MCO2,C,5 taken from the entries 2.5.1.1.3 (vehicle H) and 2.5.1.2.3 (vehicle L) of the EC type-approval certificate, as indicated in the model set out in appendix 4 to Annex I to Regulation (EU) 2017/1151.

               Where the combined CO2 emissions of the individual vehicle are determined by reference to vehicle H only, the manufacturers shall provide the MCO2,C,5 value taken from the entry 2.5.1.1.3 (vehicle H) of the EC type approval certificate.

               The manufacturer shall submit those CO2 emission values, together with the MCO2,C,5 values used for the calculation, to the Commission at the latest three months following receipt of the notification by the Commission of the provisional data for 2020 by uploading that data on the manufacturer’s account in the Business Data Repository of the European Environment Agency.

               2.Where the data referred to in paragraph 1 is not submitted within the deadline indicated, the Commission shall take the value recorded in entry 2.5.1.2.3 of the EC type-approval certificate and consider that value as the combined CO2 emissions for the purposes of paragraph 1 for all new registered vehicles in the interpolation family for which the type approval certificate was issued, and where applicable for those families where only vehicle H measurements are available.”

               (2)Annex I is amended as follows:

               (a)The following points 2.2a. and 2.2.b. are inserted:

               ‘2.2a. WLTP test conditions

               In order for the WLTP test to be considered relevant in accordance with point 2.2 of Annex I to this Regulation and for the purpose of determining the input data set out in point 2.4, the test conditions set out in Annex XXI to Regulation 2017/1151 shall apply with the following precisions:

               (a)The correction of the WLTP test results for CO2 mass emissions in accordance with Appendix 2 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151 shall apply to all such test results notwithstanding the provisions in point 3.4.4.(a) of that Appendix;

               (b)Without prejudice to the requirements of Regulation (EU) 2017/1151, if the test vehicle is fitted with technologies that influence its CO2 performance, including but not limited to those referred to in entries 42 to 50 of the input data matrix set out in point 2.4, and which are intended to function during the test, those technologies shall be operating during the vehicle test, regardless of the test procedure applied, i.e. NEDC or WLTP;

               (c)If the test vehicle is equipped with automated transmissions the same driver-selectable mode shall be used, regardless of the test procedure applied. Where the best-case and worst-case modes are used for the WLTP test in accordance with point 1.2(c) of Appendix 6 to Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151, the worst case mode shall be used as input to the correlation tool as well as for any NEDC physical test;

               (d)If the test vehicle is equipped with manual transmissions, the term nmin_drive_set shall be as defined by the formula set out in point (k) (3) of paragraph 2 of Sub-Annex 2 to Annex XXI to Regulation (EU) 2017/1151.

               With the approval of the approval authority or, where applicable, the technical service, the manufacturer may calculate the gear shifting points differently, provided that this is justified in view of the drivability of the vehicle, and that the additional power safety margin applied in accordance with point 3.4 of Sub-Annex 2 to Annex XXI to Regulation (EU) 2017/1151 does not exceed 20 %.

               The conditions referred to in points (a) to (d) shall apply for the purpose of the correlation performed pursuant to this Regulation, and shall be without prejudice to the provisions laid down in Regulation (EU) 2017/1151 and to the type approvals granted pursuant to that Regulation.

               2.2b.Applicability of the WLTP test conditions

               The precisions referred to in point 2.2a.(a) to (d) shall apply in accordance with the following:

               (a)For new vehicle types, from the entry into force of this Regulation;

               (b)For existing vehicle types, manufacturers shall, with regard to those vehicle types that cover vehicles placed on the market in 2020, provide  the approval authority with evidence on the basis of which the approval authority shall confirm whether the test conditions referred to in points (a) to (d) of point 2.2a. have been met in the WLTP approval tests.

               The confirmation shall indicate the interpolation family identifier, and the confirmation with regard to each of the test conditions referred to in points (a) to (d). The approval authority shall issue the confirmation to the manufacturer and shall ensure that the confirmation is recorded and can be made available without delay at the request of the Commission.

               Where the approval authority cannot confirm that one or more of the test conditions referred to have been complied with, the manufacturer shall  ensure that a new WLTP test, or, where applicable, test series, in accordance with Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151 are performed under the supervision of an approval authority or, where applicable, technical service, applying the test conditions set out in point 2.2a.(a) to (d), for the interpolation family in question, including a new correlation in accordance with this Regulation.

               The manufacturer may, in the case where only the test condition referred to in point 2.2a.(a) is not met, correct that value in the input matrix without the need for a new WLTP test.

               The approval authority or, where applicable, the designated technical service shall record the results of the re-testing or correction and the correlation in accordance with paragraph 5 of Annex I, and the complete correlation file based on the re-testing in-put data shall be transmitted to the Commission in accordance with point 3.1.1.2 by 30 April 2021 at the latest.

               (b)point 2.4 is amended as follows:

               (i)the following sentence is added to the first paragraph:

               ‘The in-put data matrix shall be filled in for each WLTP test performed.’

               (ii) Table 1 is amended as follows:

               –in entry 56, the text in the column “Remarks” is replaced by the following:

               ‘Array: OBD and chassis dynamometer data, 1Hz for OBD and 10Hz for the chassis dynamometer, resolution 0.1 km/h’

               –in entry 57, the text in column “Remarks” is replaced by the following:

               –‘Array: 1Hz. Theoretical calculated gear shift to be provided for vehicle H and L (if applicable)’

               –in entry 61, the text in the column “Remarks” is replaced by the following:

               ‘Array: 1Hz (sampling frequency of the instrument 20Hz), 0.1A resolution, external measurement device synchronised with the chassis dynamometer’

               –Entry 67 is replaced by the following:

                        67

                        Ki Regenerative Factor

                        multiplicative/additive

                        for vehicle H and L

                        -

                        Appendix 1 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151

                        For vehicles without periodically regenerating systems this value is equal to 1.

               –The following new entries are added:

                        69

                        Fuel heating value

                        kWh/l

                        Appendix 2 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151

                        Value according to the Table A6.App2/1 in Regulation (EU) 2017/1151

                        70

                        Fuel consumption of WLTP test for vehicle H and L

                        l/100km

                        Paragraph 6 of Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151

                        Non-balanced fuel consumption of Type 1 test

                        71

                        Nominal REESS voltage

                        V

                        According to DIN EN 60050-482

                        For low voltage battery as described in Appendix 2 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151

                        72

                        ATCT family correction factor

                        -

                        Sub-Annex 6a to Annex XXI to Regulation (EU) 2017/1151

                        ATCT Family correction factor (14°C correction)

                        73

                        Speed and distance correction of WLTP test

                        -

                        Regulation (EU) 2017/1151

                        Correction performed?

                        0 = No | 1 = Yes

                        74

                        RCB correction of WLTP test

                        -

                        Appendix 2 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151

                        Correction performed?

                        0 = No | 1 = Yes

                        75

                        Number of the WLTP test

                        1, 2 or 3

                        Indicate whether the test data is taken from the first, second or third WLTP test

                        76

                        WLTP declared value for vehicle H and L

                        g/km

                        Manufacturer declaration

                        Declared value for WLTP vehicle H and L. Value to include all corrections (if applicable)

                        77

                        WLTP CO2 measured corrected for vehicle H and/or L

                        g/km

                        MCO2,C,5 values from appendix 4 to Annex I to Regulation (EU) 2017/1151

                        Combined measured CO2 emissions for vehicle H and L after all applicable corrections. In case of 2 and 3 WLTP tests all measured results shall be provided.

                        78

                        WLTP re-test

                        -

                        Point 2.2b.(b) of Annex I

                        Indicate which test conditions as referred to in point 2.2a.(a) to (d) of Annex I  have been subject to re-testing

               (c)Point 3.1.1.1. is amended as follows:

               (i)Point (a) is deleted;

               (ii)In point (c), point (iii) is replaced by the following:

               ‘(iii)
                     the input data as specified in point 2.4.;

               (iii)The following sub-paragraph is added:

               ‘The summary file referred to in point (c) shall be encrypted to ensure confidentiality.’

               (d)point 3.1.1.2. is replaced by the following:

               ‘3.1.1.2. Complete correlation file

               Where the original correlation output report has been issued in accordance with point 3.1.1.1., the type approval authority, or where applicable the designated technical service shall upload the summary file referred to in point 3.1.1.1.(c) to a Commission server from which a reply is returned to the sender (with the relevant services of the Commission in copy), including a randomly generated integer number between 0 and 99, a hash code of the summary file unequivocally linking that number to the original output report digitally signed by the Commission server.

               A complete correlation file shall be created by the type approval authority, or where applicable the designated technical service, which shall include the original correlation output report referred to in point 3.1.1.1. and the reply from the Commission server. The file shall be maintained by the type approval authority as a test report in accordance with Annex VIII of Directive 2007/46/EC.’

               Article 2

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

               Point 2(c) and (d) of Article 1shall apply from 1 February 2019.

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

               Done at Brussels, 18.12.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 145, 31.5.2011, p. 1.

                     (2)

                        Commission Implementing Regulation (EU) No 2017/1152 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure with regard to light commercial vehicles and amending Implementing Regulation (EU) No 293/2012 (OJ L 174, 7.7.2017, p. 644).

                     (3)

                        Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) 2016/1141 to update the list of invasive alien species of Union concern

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

               of 25.7.2019

               amending Implementing Regulation (EU) 2016/1141 to update the list of invasive alien species of Union concern

               THE EUROPEAN COMMISSION,

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

               Having regard to Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species
                  1
               , and in particular Article 4(1) and (2) thereof,

               Whereas:

               (1)Commission Implementing Regulation (EU) 2016/1141
                  2
                establishes a list of invasive alien species of Union concern ('the Union list'), which is to be kept updated as appropriate, in accordance with Article 4(2) of Regulation (EU) No 1143/2014.

               (2)The Commission has concluded, on the basis of the available evidence and the risk assessments carried out pursuant to Article 5(1) of Regulation (EU) No 1143/2014, that all criteria set out in Article 4(3) of that Regulation are met for the following invasive alien species: Acacia saligna (Labill.) H.L.Wendl. (Acacia cyanophylla Lindl.), Acridotheres tristis Linnaeus, 1766, Ailanthus altissima (Mill.) Swingle, Andropogon virginicus L., Arthurdendyus triangulatus (Dendy, 1894) Jones & Gerard (1999), Cardiospermum grandiflorum Sw., Cortaderia jubata (Lemoine ex Carrière) Stapf, Ehrharta calycina Sm., Gymnocoronis spilanthoides (D.Don ex Hook. & Arn.) DC., Humulus scandens (Lour.) Merr., Lepomis gibbosus Linnaeus, 1758, Lespedeza cuneata (Dum.Cours.) G.Don (Lespedeza juncea var. sericea (Thunb.) Lace & Hauech), Lygodium japonicum (Thunb.) Sw., Plotosus lineatus (Thunberg, 1787), Prosopis juliflora (Sw.) DC., Salvinia molesta D.S. Mitch. (Salvinia adnata Desv.), Triadica sebifera (L.) Small (Sapium sebiferum (L.) Roxb.).

               (3)The Commission has concluded that for all those invasive alien species all elements set out in Article 4(6) of Regulation (EU) No 1143/2014 have been duly considered.

               (4)Since the adoption of Implementing Regulation (EU) 2016/1141, the scientific names of some species on the Union list have been revised.  Implementing Regulation (EU) 2016/1141 should therefore be amended accordingly.

               (5)Since the adoption of Implementing Regulation (EU) 2016/1141, the CN codes laid down in Council Regulation (EEC) No 2658/87
                  3
                have been updated. Implementing Regulation (EU) 2016/1141 should therefore be amended accordingly.

               (6)The measures provided for in this Regulation are in accordance with the opinion of the Committee on Invasive Alien Species,

               HAS ADOPTED THIS REGULATION:

               Article 1

               The Annex to Implementing Regulation (EU) 2016/1141 is amended in accordance with the Annex to this Regulation.

               Article 2

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

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

               Done at Brussels, 25.7.2019

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 317, 4.11.2014, p. 35

                     (2)

                        Commission Implementing Regulation (EU) 2016/1141 of 13 July 2016 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council (OJ L 189, 14.7.2016, p.4).

                     (3)

                        Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

    ---documentbreak---

               ANNEX

               The Annex to Implementing Regulation (EU) 2016/1141 is amended as follows:

               (1)In the table of the list of invasive alien species of Union concern, the following species are inserted in alphabetical order:

                        Species

                        (i)

                        CN codes for live specimens

                        (ii)

                        CN codes for parts that can reproduce

                        (iii)

                        Categories of associated goods

                        (iv)

                        "Acacia saligna (Labill.) H.L.Wendl. (Acacia cyanophylla Lindl.)

                        ex 0602 90 47

                        ex 1209 99 99 (seeds)

                        Acridotheres tristis Linnaeus, 1766

                        ex 0106 39 80

                        ex 0407 19 90 (fertilised eggs for incubation)

                        Ailanthus altissima (Mill.) Swingle

                        ex 0602 90 48

                        ex 1209 99 99 (seeds)

                        Andropogon virginicus L.

                        ex 0602 90 50

                        ex 1209 99 99 (seeds)

                        (13)

                        Arthurdendyus triangulatus (Dendy, 1894) Jones & Gerard (1999)

                        ex 0106 90 00

                        -

                        (5)

                        Cardiospermum grandiflorum Sw.

                        ex 0602 90 50

                        ex 1209 99 99 (seeds)

                        Cortaderia jubata (Lemoine ex Carrière) Stapf

                        ex 0602 90 50

                        ex 1209 99 99 (seeds)

                        Ehrharta calycina Sm.

                        ex 0602 90 50

                        ex 1209 99 99 (seeds)

                        (13)

                        Gymnocoronis spilanthoides (D.Don ex Hook. & Arn.) DC.

                        ex 0602 90 50

                        ex 1209 99 99 (seeds)

                        Humulus scandens (Lour.) Merr.

                        ex 0602 90 50

                        ex 1209 99 99 (seeds)

                        Lepomis gibbosus Linnaeus, 1758

                        ex 0301 99 17

                        ex 0511 91 90 (fertile fish eggs for hatching)

                        (1), (2), (3), (4)

                        Lespedeza cuneata (Dum.Cours.) G.Don (Lespedeza juncea var. sericea (Thunb.) Lace & Hauech)

                        ex 0602 90 50

                        ex 1209 99 99 (seeds)

                        (13)

                        Lygodium japonicum (Thunb.) Sw.

                        ex 0602 90 50

                        ex 1209 99 99 (seeds)

                        (5)

                        Plotosus lineatus (Thunberg, 1787)

                        ex 0301 19 00; ex 0301 99 85

                        ex 0511 91 90 (fertile fish eggs for hatching)

                        Prosopis juliflora (Sw.) DC.

                        ex 0602 90 47

                        ex 1209 99 99 (seeds)

                        Salvinia molesta D.S. Mitch. (Salvinia adnata Desv.)

                        ex 0602 90 50

                        -

                        Triadica sebifera (L.) Small (Sapium sebiferum (L.) Roxb.)

                        ex 0602 90 48

                        ex 1209 99 99 (seeds)"

               (2)In the table of the list of invasive alien species of Union concern, "Orconectes limosus Rafinesque, 1817" is replaced by "Orconectes limosus Rafinesque, 1817 (Faxonius limosus Rafinesque, 1817)".

               (3)In the table of the list of invasive alien species of Union concern, "Orconectes virilis Hagen, 1870" is replaced by "Orconectes virilis Hagen, 1870 (Faxonius virilis Hagen, 1870)".

               (4)In the table of the list of invasive alien species of Union concern, "Procambarus fallax (Hagen, 1870) f. virginalis" is replaced by "Procambarus fallax (Hagen, 1870) f. virginalis (Procambarus virginalis Lyko, 2017)".

               (5)In the table of the list of invasive alien species of Union concern, the CN codes for parts that can reproduce for Eichhornia crassipes (Martius) Solms is changed from "ex 1209 30 00" to "ex 1209 99 99".

               (6)In the notes to the table for column (iv), point (2) "0301 93 00: Carp (Cyprinus carpio, Carassius carassius, Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus)" is replaced by "0301 93 00: Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.)".

               (7)In the notes to the table for column (iv), point (6) "1211 90 86: Other plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered" is replaced by "ex 1211 90 86: fresh seeds, not cut, crushed or powdered".

               (8)In the notes to the table for column (iv), the following point is added:
               "(13) ex 1213: Hay".


title: Commission Implementing Regulation (EU) 2019/1746 of 1 October 2019 amending Implementing Regulation (EU) 2017/1185 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents (Text with EEA relevance)

text:
                  22.10.2019

                  EN

                  Official Journal of the European Union

                  L 268/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1746
         of 1 October 2019
         amending Implementing Regulation (EU) 2017/1185 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 223(3) thereof,
         Whereas:

                     (1)

                     Commission Implementing Regulation (EU) 2017/1185 (2) lays down the rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 as regards the obligations on Member States to notify relevant information and documents to the Commission.

                     (2)

                     By Resolution dated 7 June 2016 on unfair trading practices in the food supply chain (3), the European Parliament called on all stakeholders in the food supply chain management to step up transparency in the overall food supply chain and for increased transparency and provision of information within the supply chain, and for the strengthening of bodies and market information tools to supply farmers and producer organisations with accurate and timely market data.

                     (3)

                     In December 2016, the Council in its conclusions of 12 December 2016 on strengthening farmers’ position in the food supply chain and tackling unfair trading practices called on the Commission to address the issue of lack of transparency and information asymmetry in the food supply chain.

                     (4)

                     In April 2019, Directive (EU) 2019/633 of the European Parliament and of the Council (4) was adopted, following which the European Parliament, the Council and the Commission issued a joint statement (5) on 22 March 2019 calling on/encouraging the Commission to enhance agricultural and food market transparency at Union level, including by improving the collection of statistical data necessary for the analysis of price formation mechanisms along the agricultural and food supply chain, with the aim of facilitating economic operators and public authorities in making more informed choices and to improve the understanding of operators on market developments.

                     (5)

                     Furthermore, in January 2016, the Commission set up the Agricultural Markets Task Force, an independent expert group, to provide recommendations on how to enhance the position of producers in the agricultural and food supply chain. To that end, it recommended to increase market transparency to foster effective conditions of competition along the chain by introducing or enhancing existing price reporting especially in the meat, fruit and vegetables and dairy sectors. It also recommended the collected data be disseminated in a duly aggregated manner.

                     (6)

                     An open public consultation was carried out in 2017 and specific questionnaires were addressed to Member States, stakeholders and consumers in 2018. Several dedicated workshops and conferences with stakeholders and meetings of Member States’ expert groups and civil dialogue groups on market transparency were organised in 2018 and 2019.

                     (7)

                     Notification of price, production and market information from Member States is already obligatory under Implementing Regulation (EU) 2017/1185, but only in relation to production prices.

                     (8)

                     Therefore, whilst on the one hand the Union is currently providing a relatively high level of public information on producer prices and consumer prices, stemming from statistical offices in Member States, on the other hand very little information on the prices along the agricultural and food supply chain is available to the public. An extension of price reporting should address these information gaps, in particular where sectoral food supply chains are complex. Monitoring price transmission along the chain by extending data collection and dissemination should enable market actors to have a better understanding of the functioning of the supply chain, thereby improving its overall functioning and economic efficiency, in particular for weaker operators who do not have readily access to private price information.

                     (9)

                     The prices currently reported represent production selling prices of operators at the first stage of the agricultural and food supply chain. Monitoring price transmission along the chain will require collecting price data from different operators along the chain (for example wholesalers, traders, food industry, and retailers) in particular for supply chains with highly differentiated stages and products.

                     (10)

                     Reporting only representative prices (such as prices from main markets and significant operators) should enable Member States to pursue a cost-effective approach for their reporting and contribute to keeping the administrative burden for small and medium-sized enterprises to a minimum. In line with current practices, Member States should describe the methodology for setting representative prices. They should also aim at approximating their methodologies to ensure the best possible comparability of the data across Member States.

                     (11)

                     In order to offer a time- and cost-effective reporting mechanism, the Commission should make the existing information system available for operators so as to allow operators to notify information directly to the Commission, under the supervision of Member States. Member States should inform the Commission if they delegate this obligation to notify the information to operators.

                     (12)

                     The Commission should organise regular meetings with Member States and stakeholders to share best practices, develop synergies and contribute to a common understanding of market dynamics in the agricultural and food supply chain. The Commission should also provide information to the Member States and stakeholders on the application of the Regulation.

                     (13)

                     Implementing Regulation (EU) 2017/1185 should therefore be amended accordingly.

                     (14)

                     It is appropriate to provide for a date of application of this Regulation that would give Member States the possibility to adapt to the new reporting obligations.

                     (15)

                     The Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Amendments to Implementing Regulation (EU) 2017/1185
            Implementing Regulation (EU) 2017/1185 is amended as follows:

                        (1)

                        in Article 1(1), the following subparagraph is added:
                        ‘In the case of notifications pursuant to Regulation (EU) No 1308/2013 and the acts adopted on the basis of that Regulation, the information-technology-based system referred in the first subparagraph of this paragraph shall also be available, where relevant, to operators and third countries.’;

                        (2)

                        Article 5 is replaced by the following:

                           ‘Article 5
                           Default notification
                           Save as otherwise provided for in the acts referred to in Article 1, where Member States, and where relevant, third countries or operators, have not notified the required information or documents to the Commission by the deadline (“nil return”), they shall be deemed to have notified the following:

                                       (a)

                                       in the case of quantitative information, of a zero value;

                                       (b)

                                       in the case of qualitative information, of a “nothing to report” situation.’;

                        (3)

                        the title of Chapter II is replaced by the following:
                        ‘NOTIFICATIONS AND COORDINATION ON PRICES, PRODUCTION, MARKET INFORMATION AND INFORMATION REQUIRED BY INTERNATIONAL AGREEMENTS’;

                        (4)

                        in Article 7, paragraph 2 is replaced by the following:

                           ‘2.   Member States and, where relevant, third countries and operators shall notify the Commission of any important new information likely to substantially alter information already notified.’;

                        (5)

                        Article 8 is replaced by the following:

                           ‘Article 8
                           Additional information
                           Member States and, where relevant, third countries and operators may notify the Commission of information additional to that required in Annexes I, II and III by means of the information system referred to in Article 1 where such information is considered relevant by the Member States and, where relevant, by third countries and operators concerned. Such notifications shall be made by means of a form made available by the Commission in the information system.’;

                        (6)

                        Article 9 is amended as follows:

                                    (a)

                                    the heading of Article 9 is replaced by the following:
                                    ‘Price and quantity definition’;

                                    (b)

                                    paragraph 1 is replaced by the following:

                                       ‘1.   For each price and quantity notification required by this Section, Member States shall notify the source and methodology used to determine the information provided. Such notifications shall include information on the representative markets determined by Member States and the associated weighting coefficients.’;

                                    (c)

                                    the following paragraph 1a is inserted:

                                       ‘1a.   For each price and quantity notification required by this Section, Member States may delegate to operators the direct transmission of the prices and quantities to the information system of the Commission referred to in Article 1. Member States shall inform the Commission of the identity of operators that are subject to such a delegation.’;

                        (7)

                        Articles 10, 11 and 12 are replaced by the following:

                           ‘Article 10
                           Reporting of prices in official currency
                           Unless otherwise specified in Annexes I, II and III, Member States and, where relevant, operators shall notify price information in their official currency, net of VAT.

                           Article 11
                           Weekly price notification
                           Unless otherwise specified in Annex I, Member States and, where relevant, operators shall notify the Commission of the weekly price information referred to in that Annex no later than 12.00 (Brussels’ time) each Wednesday for the previous week.

                           Article 12
                           Non-weekly pricing, production and market information notification
                           Member States and, where relevant, operators shall notify the Commission, within the prescribed time limits, of the following:

                                       (a)

                                       non-weekly price information referred to in Annex II;

                                       (b)

                                       production and market information referred to in Annex III.’;

                        (8)

                        Annexes I, II and III are replaced by the text set out in the Annex to this Regulation.

            Article 2
            Entry into force and application
            This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
            It shall apply from 1 January 2021.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 1 October 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations (OJ L 171, 4.7.2017, p. 113).

            (3)  OJ C 86, 6.3.2018, p. 49.

            (4)  Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the food supply chain (OJ L 111, 25.4.2019, p. 59).

            (5)  ST 7607 2019 ADD 1 REV 1, 22.3.2019, p. 1.

            ANNEX I

               Requirements relating to weekly price notifications referred to in Article 11

            Unless otherwise specified, Member States concerned are those producing or using more than 2 % of the total Union corresponding production or use.
            1.   Cereals

               Content of the notification: representative market prices for each of the cereals and the cereal qualities considered relevant for the Union market, expressed per tonne of product.

               Member States concerned: all Member States.

               Other: prices shall refer, where relevant, to the qualitative properties, the place of quotation and the stage of marketing of each product.
            2.   Rice

               Content of the notification: representative market prices for each of the varieties of rice considered relevant for the Union market, expressed per tonne of product.

               Member States concerned: rice producing Member States and Member States with milling industry.

               Other: prices shall refer, where relevant, to the processing stage, the place of quotation and the stage of marketing of each product.
            3.   Oilseeds

               Content of the notification: representative prices for rapeseed, sunflower seed, soya bean, rapeseed meal, sunflower seed meal, soya meal, crude rape oil, crude sunflower oil and crude soya bean oil.

               Member States concerned: Member States with a planted area of the respective crop of at least 10 000 hectares per year. As regards price notifications on meals and oils, Member States processing more than 200 000 tonnes of the respective oilseed crop.
            4.   Olive oil

               Content of the notification: average prices recorded on the main representative markets and weighted national average prices for the categories of olive oil listed in Part VIII of Annex VII to Regulation (EU) No 1308/2013, expressed per 100 kg of product.

               Member States concerned: Member States producing more than 20 000 tonnes of olive oil in the annual period from 1 October to 30 September.

               Other: prices shall correspond to olive oil in bulk, ex-mill for virgin olive oil and ex-factory for other categories. Representative markets shall cover at least 70 % of the national production of the product concerned.

                  Buying prices

               Content of the notification: retailers’ representative buying prices for the categories virgin olive oil and extra virgin olive oil referred to in Part VIII of Annex VII to Regulation (EU) No 1308/2013, expressed per 100 kg of product.

               Other: representative prices shall correspond to conditioned virgin olive oil and extra virgin olive oil in containers ready to be offered to final consumers and shall cover at least one third of the national purchases of the product concerned.
            5.   Fruit and vegetables, bananas

            (a)
                  Prices of products intended for the fresh market

               Content of the notification: representative prices for the types and varieties of tomatoes, apples, oranges, peaches and nectarines listed in Annex VI to Commission Delegated Regulation (EU) 2017/891 (1), expressed per 100 kg net weight of product.

               Member States concerned: Member States as listed in Annex VI to Delegated Regulation (EU) 2017/891.

               Other: prices shall be ex-packaging station, sorted, packaged and where applicable on pallets.
            (b)
                  Prices of bananas

               Content of the notification: Wholesale prices for yellow bananas falling within the CN code 0803 90 10, expressed per 100 kg of product.

               Member States concerned: all Member States marketing more than 50 000 tonnes of yellow bananas per calendar year.

               Other: prices shall be notified by group of countries of origin.
            (c)
                  Farmgate prices

               Content of the notification: representative prices of tomatoes, apples, oranges, peaches and nectarines, and bananas intended for the fresh market. All prices expressed per 100 kg of product.

               Other: prices shall be at farmgate and products harvested.
            (d)
                  Buying prices

               Content of the notification: representative retail buying prices of tomatoes, apples, oranges, peaches and nectarines, expressed per 100 kg of product.
            6.   Meat

               Content of the notification: prices for beef, pig and sheep carcasses and cuts and certain live cattle, calves and piglets in accordance with Regulation (EU) No 1308/2013 and for carcasses according to the classification of beef, pig and sheep carcasses expressed per 100 kg of product.

               Member States concerned: for carcasses and live animals, all Member States. For cuts, Member States whose national production represents 2 % or more of Union production.

               Other: where in the opinion of the competent authority of the Member State concerned there are insufficient numbers of carcasses or live animals to notify, the Member State concerned may decide for the period in question to suspend the recording of prices for such carcasses or live animals and shall notify the Commission of the reason for its decision. Concerning cuts, Member States concerned shall report prices for beef hindquarter, beef forequarter, beef minced meat, pig meat loin, pig meat belly, pig meat shoulder, pig minced meat and pig meat ham.

                  Buying prices

               Content of the notification: retailers’ and other food business operators’ representative buying prices for pig and beef minced meat, expressed per 100 kg of product.
            7.   Milk and milk products

               Content of the notification: prices of whey powder, skimmed milk powder, whole milk powder, butter, cream, drinking milk and commodity cheeses expressed per 100 kg of product.

               Member States concerned: Member States whose national production represents 2 % or more of Union production; or, in the case of commodity cheeses, where the cheese type represents 4 % or more of the total national cheese production.

               Other: prices shall be notified for products purchased from the manufacturer, excluding any other cost (transport, loading, handling, storage, pallets, insurance, etc.) based on contracts concluded for deliveries within three months.

                  Buying prices

               Content of the notification: retailers’ and other food business operators’ representative buying prices of butter and relevant cheeses expressed per 100 kg of product.
            8.   Eggs

               Content of the notification: wholesale price for Class A eggs per farming method (average of categories L and M), expressed per 100 kg of product.

               Member States concerned: all Member States.

               Other: prices shall be notified for products in packing stations.
            9.   Poultry meat

               Content of the notification: average wholesale price for whole Class A chickens (‘65 % chickens’) and chicken cuts (breast fillet, legs), expressed per 100 kg of product.

               Member States concerned: all Member States.

               Other: prices shall be notified for products in slaughter plants or recorded on representative markets.

                  Buying prices

               Content of the notification: retailers’ and other food business operators’ representative buying prices for whole Class A chickens and chicken breast fillets, expressed per 100 kg of product.
            10.   Other

               Content of the notification: price of fat filled powder expressed per 100 kg of product.

               Other: prices shall be notified for products purchased from the manufacturer, excluding any other cost (transport, loading, handling, storage, pallets, insurance, etc.) based on contracts concluded for deliveries within three months.

               (1)  Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011 (OJ L 138, 25.5.2017, p. 4).

            ANNEX II

               Requirements relating to non-weekly price notifications referred to in point (a) of Article 12

            Unless otherwise specified, Member States concerned are those producing or using more than 2 % of the total Union corresponding production or use, except for organic products, for which the threshold is 4 % of the production.
            1.   Cereals

            (a)   Prices of organic cereals

               Content of the notification: representative market prices for organic common wheat, durum wheat and rye, expressed per tonne of product.

               Period of notification: by 25th of each month in respect of the preceding month.
            (b)   Prices of wheat flour

               Content of the notification: milling industry’s representative selling prices for wheat flour, expressed per tonne of product.

               Period of notification: by 25th of each month in respect of the preceding month.
            (c)   Buying prices of wheat flour

               Content of the notification: retailers’ and other food business operators’ representative buying prices for wheat flour, expressed per tonne of product.

               Period of notification: by 25th of each month in respect of the preceding month.
            2.   Oilseeds and protein crops

               Content of the notification: representative market prices for each of the protein crops considered relevant for the Union market as well as for organic soya beans, organic soya meal, non-GM soya meal, expressed per tonne of product.

               Member States concerned: for protein crops, Member States with a planted area of the respective crop of at least 10 000 hectares per year.

               Period of notification: by 25th of each month in respect of the preceding month.
            3.   Sugar

               Content of the notification:

                        (a)

                        the weighted averages of the following sugar prices, expressed per tonne of sugar, as well as the total corresponding quantities and the weighted standard deviations:

                                    (i)

                                    for the previous month, the selling price;

                                    (ii)

                                    for the previous month, the selling price on invoices corresponding to short-term contracts. These prices shall be published by the Commission at the earliest 2 months after the end of the notification period established hereafter;

                        (b)

                        the weighted average price of sugar beet during the previous marketing year, expressed per tonne of beet, as well as the total corresponding quantities.

               Member States concerned:

                        (a)

                        for sugar prices, all Member States where more than 10 000 tonnes of sugar is produced from sugar beet or from raw sugar;

                        (b)

                        for sugar beet prices, Member States with a planted area of more than 1 000 ha of sugar beet in the marketing year in question.

               Period of notification:

                        (a)

                        for sugar prices, by the 25th of each month;

                        (b)

                        for sugar beet prices, by 30 June each year.

               Other: Prices shall be established in line with the methodology published by the Commission and shall relate to:

                        (a)

                        bulk white sugar prices ex-factory for sugar of a standard quality as defined in point B II of Annex III to Regulation (EU) No 1308/2013 collected from sugar undertakings and refiners;

                        (b)

                        sugar beet price for sugar beet of a standard quality containing 16 % of sugar, paid by sugar undertakings to producers. The beet shall be attributed to the same marketing year as the sugar extracted from it.

                  Buying prices

               Content of the notification: retailers’, food and non-food industry’s (other than biofuel) representative buying prices of sugar and molasses, expressed per tonne of product.

               Period of notification: by the 25th of each month.

               Other: representative prices shall be established in line with the methodology published by the Commission.
            4.   Flax fibre

               Content of the notification: average prices ex-factory for the previous month recorded on the main representative markets for long flax fibre, expressed per tonne of product.

               Member States concerned: all Member States where long flax fibres are produced from a planted area exceeding 1 000 ha of fibre flax.

               Period of notification: by 25th of each month in respect of the preceding month.
            5.   Olive oil and table olives

               Content of the notification:

                        —

                        representative market prices for organic olive oil for the categories virgin olive oil and extra virgin olive oil referred to in Part VIII of Annex VII to Regulation (EU) No 1308/2013, expressed per 100 kg of product,

                        —

                        representative prices of raw olives for table olives, expressed per 100 kg of product.

               Member States concerned:

                        —

                        for organic olive oil, Member States producing more than 5 000 tonnes of organic olive oil (virgin olive oil and extra virgin olive oil categories) in the annual period from 1 October to 30 September,

                        —

                        for table olives, Member States producing more than 5 000 tonnes of table olives in the annual period from 1 September to 31 August.

               Period of notification:

                        —

                        for organic olive oil by 25th of each month in respect of the preceding month,

                        —

                        for table olives, by 15 January each year, in relation to the harvest of the previous calendar year (1 September-31 December).

               Other: as regards organic olive oil, prices shall correspond to olive oil in bulk, ex-mill for virgin olive oil and ex-factory for other categories. As regards raw olives for table olives’ production, prices shall correspond to olives delivered by producers at the reception points of the processing industry.
            6.   Wine

               Content of the notification: in relation to the wines referred to in point 1 of Part II of Annex VII to Regulation (EU) No 1308/2013:

                        (a)

                        a summary of the prices for the previous month expressed per hectolitre of wine with reference to the volumes concerned; or

                        (b)

                        the publicly available information sources considered credible for the recording of prices.

               Member States concerned: Member States whose wine production during the past five years on average exceeded 5 % of the total Union wine production.

               Period of notification: by 15th of each month in respect of the preceding month.

               Other: prices shall be for product unpacked ex-producer’s premises. For the information referred to in points (a) and (b), the Member States concerned shall make a selection of the eight most representative markets to be monitored, which shall include at least two for wines with protected designation of origin or protected geographical indication.
            7.   Milk and milk products

            (a)
                  Milk

               Content of the notification: the price of raw milk and organic raw milk, and the estimated price for deliveries of raw milk in the running month, expressed per 100 kg of product at real fat and protein content.

               Member States concerned: all Member States.

               Period of notification: by the 25th of each month in respect of the preceding month.

               Other: the price shall be that paid by first purchasers established in the territory of the Member State.
            (b)
                  Milk products

               Content of the notification: prices for cheeses, other than commodity cheeses referred to in point 7 of Annex I, expressed per 100 kg of product.

               Member States concerned: all Member States for types of cheeses relevant for the national market.

               Period of notification: by 15th of each month in respect of the preceding month.

               Other: the prices shall relate to cheese purchased from the manufacturer, excluding any other cost (transport, loading, handling, storage, pallets, insurance, etc.) based on contracts concluded for deliveries within three months.
            8.   Fruit and vegetables, bananas

            (a)
                  Prices for organic fresh fruit and vegetables

               Content of the notification: representative selling prices of organic tomatoes, apples, oranges, peaches and nectarines, expressed per 100 kg net weight of product.

               Period of notification: by the 25th each month in respect of the previous calendar month.
            (b)
                  Prices for green bananas

               Content of the notification:

                        (a)

                        average selling prices on local markets of green bananas marketed in the region of production, expressed per 100 kg of product and related quantities;

                        (b)

                        average selling prices of green bananas marketed outside the region of production, expressed per 100 kg of product and related quantities.

               Period of notification:

                        —

                        by 15 June each year in respect of the previous period from 1 January to 30 April,

                        —

                        by 15 October each year in respect of the previous period from 1 May to 31 August,

                        —

                        by 15 February each year in respect of the previous period from 1 September to 31 December.

               Member States concerned: Member States with a region of production, namely:

                        (a)

                        the Canary Islands;

                        (b)

                        Guadeloupe;

                        (c)

                        Martinique;

                        (d)

                        Madeira and the Azores;

                        (e)

                        Crete and Lakonia;

                        (f)

                        Cyprus.

               Other: prices for green bananas marketed in the Union outside their region of production shall be at the first port of unloading (goods not unloaded).
            (c)
                  Farmgate prices

               Content of the notification: representative prices of tomatoes, apples and oranges intended for processing. All prices expressed per 100 kg of product.

               Period of notification:

                        (a)

                        for tomatoes, by 31 January the following year;

                        (b)

                        for apples and oranges, by the 25th each month in respect of the previous calendar month.

               Other: prices shall be at farmgate and products harvested.
            9.   Meat

               Content of the notification: representative selling prices of organic beef carcasses according to the classification of beef carcasses as in the case of the notification foreseen in point (a) of point 6 of Annex I, expressed per 100 kg of product.

               Period of notification: by 25th of each month in respect of the preceding month.
            10.   Poultry

               Content of the notification: representative selling prices of organic whole Class A chickens (‘65 % chickens’) expressed per 100 kg of product.

               Period of notification: by the 25th each month in respect of the previous calendar month.

            ANNEX III

               Requirements relating to production and market information notifications as referred to in point (b) of Article 12

            1.   Rice

               Content of the notification: for each of the types of rice referred to in points 2 and 3 of Part I of Annex II to Regulation (EU) No 1308/2013:

                        (a)

                        area planted, agronomic yield, production of paddy rice in the harvest year and milling yield;

                        (b)

                        domestic use (including by the processing industry) of rice expressed in milled equivalent;

                        (c)

                        stocks of rice (expressed in milled equivalent) held by producers and by rice mills on 31 August each year, broken down by rice produced in the Union and rice imported.

               Period of notification: by 15 January each year in respect of the previous year.

               Member States concerned:

                        (a)

                        for paddy rice production, all rice producing Member States;

                        (b)

                        for domestic use, all Member States;

                        (c)

                        for rice stocks, all rice producing Member States and Member States with rice mills.

                  2.   Sugar

            A.
                  Beet areas

               Content of the notification: sugar beet area for the current marketing year and an estimate for the following marketing year.

               Period of notification: by 31 May each year.

               Member States concerned: all Member States with a planted area of more than 1 000 ha of sugar beet in the year in question.

               Other: these figures shall be expressed in hectares and broken down by areas intended for production of sugar and those intended for production of bioethanol.
            B.
                  Sugar and bioethanol production and use

               Content of the notification:

                        (a)

                        production: sugar and molasses production and bioethanol production by each undertaking in the previous marketing year and, for the current marketing year, an estimate of the total sugar production in each Member State and of the sugar production by each undertaking;

                        (b)

                        use: sugar sold by undertakings and refiners in the previous marketing year, split by destination.

               Period of notification: by 30 November each year as regards the previous marketing year production and use, as well as the estimated total sugar production for the current marketing year; and by 31 March each year (30 June for the French departments of Guadeloupe and Martinique) as regards the current marketing year production by each undertaking.

               Member States concerned: Member States where more than 10 000 tonnes of sugar is produced.

               Other:

                        (a)

                        ‘sugar production’ means the total quantity, expressed in tonnes of white sugar as follows, of:

                                    (i)

                                    white sugar, disregarding differences in quality;

                                    (ii)

                                    raw sugar, on the basis of yield determined in accordance with point B.III of Annex III to Regulation (EU) No 1308/2013;

                                    (iii)

                                    invert sugar, by its weight;

                                    (iv)

                                    sucrose or invert sugar syrups which are at least 70 % pure and are produced from sugar beet, on the basis of extractable sugar content or on the basis of real yield;

                                    (v)

                                    sucrose or invert sugar syrups which are at least 75 % pure and are produced from sugar cane, on the basis of sugar content;

                        (b)

                        sugar production shall not include white sugar obtained from any of the products referred to in point (a) or produced under inward processing arrangements;

                        (c)

                        the sugar extracted from beet sown in a particular marketing year shall be attributed to the following marketing year. However, the sugar extracted from beet sown in the Autumn of a particular marketing year shall be attributed to the same marketing year in those Member States having decided so and notified the Commission of their decision by 1 October 2017;

                        (d)

                        the figures for sugar shall be broken down by month and, with regard to the current marketing year, shall correspond to provisional figures until the month of February and to estimates for the remaining months of the marketing year;

                        (e)

                        bioethanol production shall only include bioethanol obtained from any of the products referred to in point (a) and shall be expressed in hectolitres;

                        (f)

                        ‘sugar use’ means the total quantities, expressed in tonnes of white sugar equivalent, sold by sugar undertakings and refiners to retailers and sugar users during the marketing year. Those quantities shall be split between those sold for retail sales, to the food industry and to other industries excluding bioethanol.

                  C.
                  Isoglucose production

               Content of the notification:

                        (a)

                        quantities of own production of isoglucose shipped by each producer during the previous marketing year;

                        (b)

                        quantities of own production of isoglucose shipped by each producer during the previous month.

               Period of notification: by 30 November each year with regard to the previous marketing year and by 25th of each month with regard to the previous month.

               Member States concerned: all Member States where isoglucose is produced.

               Other:‘Production of isoglucose’ means the total quantity of product obtained from glucose or its polymers with content by weight in the dry state of at least 41 % fructose, expressed in tonnes of dry matter irrespective of actual fructose content in excess of the 41 % threshold. The yearly production figures shall be broken down by month.
            D.
                  Sugar and isoglucose stocks

               Content of the notification:

                        (a)

                        quantities of sugar production stored at the end of each month by sugar undertakings and refiners;

                        (b)

                        quantities of isoglucose production stored by isoglucose producers at the end of the previous marketing year.

               Period of notification: by the end of each month in respect of the preceding month in question with regard to sugar, and by 30 November with regard to isoglucose.

               Member States concerned:

                        (a)

                        for sugar, all Member States where sugar undertakings or refiners are located and production of sugar exceeds 10 000 tonnes;

                        (b)

                        for isoglucose, all Member States where isoglucose is produced.

               Other: the figures shall refer to products stored in free circulation in Union territory and to sugar production and isoglucose production as defined in points B and C.
            With regard to sugar:

                        —

                        the figures shall refer to quantities owned by the undertaking or the refiner or covered by a warrant,

                        —

                        the figures shall specify, for the quantities in storage at the end of the months of July, August and September, the quantity which comes from the production of sugar under the following marketing year,

                        —

                        if storage is in a different Member State from the one notifying the Commission, the notifying Member State shall inform the Member State concerned of the quantities stored on their territory and their locations by the end of the month following that of notification to the Commission.

                  With regard to isoglucose, the quantities shall refer to quantities owned by the producer.
            E.
                  Agreements within the trade

               Content of the notification: the contents of agreements within the trade between growers and undertakings as well of collective value sharing clauses. The relevant elements to be notified shall be established in line with the methodology published by the Commission.

               Period of notification: by the end of each marketing year in respect of that marketing year.

               Member States concerned: all Member States where sugar undertakings are located and production of sugar exceeds 10 000 tonnes.
            3.   Fibre crops

               Content of the notification:

                        (a)

                        the fibre flax area for the previous marketing year and the estimate for the current marketing year, expressed in hectares;

                        (b)

                        the production of long flax fibres for the previous marketing year and an estimate for the current marketing year, expressed in tonnes;

                        (c)

                        the area planted with cotton for the previous crop year and an estimate for the current crop year, expressed in hectares;

                        (d)

                        the production of unginned cotton for the previous crop year and an estimate for the current crop year and, expressed in tonnes;

                        (e)

                        the average price of unginned cotton paid to cotton producers in respect of the previous crop year, expressed per tonne of product.

               Period of notification:

                        (a)

                        for fibre flax area, by 31 July each year;

                        (b)

                        for production of long flax fibres, by 31 October each year;

                        (c)

                        for cotton, by 15 October each year.

               Member States concerned:

                        (a)

                        for flax, all Member States where long flax fibres are produced from a planted area exceeding 1 000 ha of fibre flax;

                        (b)

                        for cotton, all Member States where at least 1 000 ha of cotton are sown.

                  4.   Hops

               Content of the notification: the following production information, given as a total and for information referred to in points (b), (c) and (d), broken down by bitter and aromatic hops varieties:

                        (a)

                        number of farmers growing hops;

                        (b)

                        area planted with hops, expressed in hectares;

                        (c)

                        quantity in tonnes and average farm gate price, expressed per kg of hops sold under a forward contract and without such a contract;

                        (d)

                        alpha-acid production in tonnes and average alpha-acid content (percentage).

               Period of notification: by 30 April of the year following the hops harvest.

               Member States concerned: Member States with a planted area of more than 200 hectares of hops in the previous year.
            5.   Olive oil

               Content of the notification:

                        (a)

                        data on final production (including data on organic production), total domestic consumption (including by the processing industry) and ending stocks for the preceding annual period from 1 October to 30 September;

                        (b)

                        an estimate of monthly production, an estimate of monthly level of stocks held by producers and the industry and estimates of total production, total domestic consumption (including by the processing industry) and ending stocks for the current annual period from 1 October to 30 September.

               Period of notification:

                        (a)

                        by 31 October each year, for data relating to the preceding annual period;

                        (b)

                        by 31 October each year and by the 15th of each month from November to June, for data relating to the current annual period.

               Member States concerned: for the notification of the monthly level of stocks, Member States producing more than 20 000 tonnes of olive oil in the annual period from 1 October to 30 September. For other data, all Member States producing olive oil.
            6.   Tobacco

               Content of the notification: for each raw tobacco variety group:

                        (a)

                        number of farmers;

                        (b)

                        area in hectares;

                        (c)

                        quantity delivered in tonnes;

                        (d)

                        the average price paid to farmers, excluding taxes and other levies, expressed per kg of product.

               Period of notification: by 31 July of the year following the harvest year.

               Member States concerned: Member States with a planted area of more than 3 000 hectares of tobacco for the previous harvest.

               Other: the variety groups of raw tobacco are:

                        Group I:

                        Flue-cured: tobacco dried in ovens with controlled air circulation, temperature and humidity, in particular Virginia;

                        Group II:

                        Light air-cured: tobacco dried in the air under cover, not left to ferment, in particular Burley and Maryland;

                        Group III

                        Dark air-cured: tobacco dried in the air under cover, left to ferment naturally before being marketed, in particular Badischer Geudertheimer, Fermented Burley, Havana, Mocny Skroniowski, Nostrano del Brenta and Pulawski;

                        Group IV:

                        Fire-cured: tobacco dried by fire, in particular Kentucky and Salento;

                        Group V:

                        Sun-cured: tobacco dried in the sun, also called ‘Oriental varieties’, in particular Basmas, Katerini and Kaba-Koulak.

                  7.   Wine sector products

               Content of the notification:

                        (a)

                        estimates of the production of wine products (including vinified and non-vinified grape must) on the territory of the Member State during the current wine year;

                        (b)

                        the definitive result of the production declarations referred to in Article 31 of Regulation (EU) 2018/273, as well as an estimate of the production not covered by such declarations;

                        (c)

                        a summary of the stock declarations referred to in Article 32 of Regulation (EU) 2018/273, held at 31 July of the previous wine year;

                        (d)

                        the final balance sheet of the previous wine year including full information on availabilities (opening stocks, production, imports), uses (human and industrial consumption, transformation, exports and losses) and final stocks.

               Period of notification:

                        (a)

                        estimates of production, by 30 September each year;

                        (b)

                        definitive result of the production declarations, by 15 March each year;

                        (c)

                        summary of stock declarations, by 31 October each year;

                        (d)

                        final balance sheet, by 15 January each year.

               Member States concerned: Member States that maintain an updated vineyard register in accordance with Article 145(1) of Regulation (EU) No 1308/2013.
            8.   Milk

               Content of the notification:

                        —

                        the total quantity of cow’s raw milk, expressed in kilograms at real fat content,

                        —

                        the total quantity of organic cow’s raw milk, expressed in kilograms at real fat content,

                        —

                        the fat content and the protein content of cow’s raw milk, as a percentage of the product weight.

               Period of notification: by the 25th of each month for the preceding month.

               Member States concerned: all Member States.

               Other: for milk, the quantities refer to milk delivered in the preceding month to first purchasers established in the territory of the Member State. Member States shall ensure that all first purchasers established in their territory declare to the competent national authority the quantity of cow’s raw milk that has been delivered to them each month in a timely and accurate manner so as to comply with this requirement.
            9.   Eggs

               Content of the notification:

                        —

                        the number of eggs production sites with the breakdown by farming methods referred to in Annex II to Regulation (EC) No 589/2008 and organic eggs production sites according to Council Regulation (EC) No 834/2007, including the maximum capacity of the establishment in terms of number of laying hens present at one time,

                        —

                        the volume of production of eggs in shell per farming method expressed in tonnes net weight, including organic eggs.

               Period of notification:

                        —

                        number of production sites yearly by 1 April each year;

                        —

                        production volumes on a monthly basis by the 25th of the month for the preceding month.

               Member States concerned: all Member States.
            10.   Ethyl alcohol

               Content of the notification: for alcohol of agricultural origin, expressed in hectolitres of pure alcohol:

                        (a)

                        production by fermenting and distilling, broken down by the agricultural raw material from which the alcohol is produced;

                        (b)

                        the volumes transferred from alcohol producers or importers for processing or packaging, broken down by category of use (food and beverages, fuels, industrial/others).

               Period of notification: by 1 March each year in respect of the previous calendar year.

               Member States concerned: all Member States.
            11.   Meat

               Content of the notification:

                        (a)

                        beef: number and weight of classified carcasses per category and broken down by classes of conformation and fat cover;

                        (b)

                        pig: number and weight of classified carcasses per classes of lean meat content;

                        (c)

                        beef: number and weight of classified organic carcasses per category and broken down by classes of conformation and fat cover.

               Period of notification: weekly for points (a) and (b), together with the price notification foreseen in Annex I paragraph 6, point (a); monthly for point (c), together with the price notification foreseen in Annex II paragraph 9.

               Member States concerned: all Member States.
            12.   Other

               Content of the notification: the total quantity of fat-filled powder, expressed in tonnes.

               Period of notification: by the 25th of each month for the preceding month.

               Member States concerned: all Member States.

               Other: the quantities refer to fat-filled powders produced in the preceding month by dairy processors established in the territory of the Member State.