title: Commission Implementing Regulation (EU) 2019/249 of 12 February 2019 suspending the tariff preferences for certain GSP beneficiary countries in respect of certain GSP sections in accordance with Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences for the period of 2020-2022

text:
                  13.2.2019

                  EN

                  Official Journal of the European Union

                  L 42/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/249
         of 12 February 2019
         suspending the tariff preferences for certain GSP beneficiary countries in respect of certain GSP sections in accordance with Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences for the period of 2020-2022
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EU) No 732/2008 (1), and in particular Article 8(3) thereof,
         After consulting the Generalised Preferences Committee, within the meaning of Article 39 of Regulation (EC) No 978/2012,
         Whereas:

                     (1)

                     Pursuant to Article 8(1) of Regulation (EU) No 978/2012 the tariff preferences of the general arrangement of the generalised scheme of preferences (GSP) are to be suspended in respect of products of a GSP section originating in a GSP beneficiary country when the average value of Union imports of such products over three consecutive years from that GSP beneficiary country exceeds the thresholds listed in Annex VI of that Regulation.

                     (2)

                     In accordance with Article 8(2) of Regulation (EU) No 978/2012 and based on trade statistics concerning calendar years 2012-2014, Commission Implementing Regulation (EU) 2016/330 (2) established the list of product sections for which the tariff preferences were suspended from 1 January 2017 until 31 December 2019.

                     (3)

                     Pursuant to Article 8(3) of Regulation (EU) No 978/2012, the Commission is to review that list, every three years, and adopt an implementing act to suspend or re-establish the tariff preferences.

                     (4)

                     The revised list should apply for three years as of 1 January 2020. The list is based on trade statistics concerning calendar years 2015-2017 as available on 1 September 2018 and takes into account imports from GSP beneficiary countries listed in Annex II of Regulation (EU) No 978/2012 as applicable on that date. However, the value of imports from GSP beneficiaries which, as from 1 January 2020, no longer benefit from the tariff preferences under point (b) of Article 4(1) of Regulation (EU) No 978/2012 is not taken into account,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The tariff preferences referred to in Article 7 of Regulation (EU) No 978/2012 are suspended in respect of the GSP beneficiary countries concerned, for the list of products of GSP sections set out in the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
            It shall apply from 1 January 2020 until 31 December 2022.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 12 February 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 303, 31.10.2012, p. 1.

            (2)  Commission Implementing Regulation (EU) 2016/330 of 8 March 2016 suspending the tariff preferences for certain GSP beneficiary countries in respect of certain GSP sections in accordance with Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences (OJ L 62, 9.3.2016, p. 9).

            ANNEX
            The list of GSP sections for which the tariff preferences referred to in Article 7 of Regulation (EU) No 978/2012 are suspended in respect of a GSP beneficiary country concerned:

                           Column A: name of country

                           Column B: GSP section (Article 2(j) of GSP Regulation)

                           Column C: description

                        A

                        B

                        C

                        India

                        S-6a

                        Inorganic and organic chemicals

                        S-11a

                        Textiles

                        S-14

                        Pearls and precious metals

                        S-15a

                        Iron, steel and articles of iron and steel

                        S-15b

                        Base metals (excl. iron and steel), articles of base metals (excl. articles of iron and steel)

                        S-17a

                        Railway or tramway locomotives, rolling-stock

                        S-17b

                        Motor vehicles, bicycles, aircraft and spacecraft, ships and boats

                        Indonesia

                        S-1a

                        Live animals and animal products excluding fish

                        S-3

                        Animal or vegetable oils, fats and waxes

                        S-5

                        Mineral products

                        S-9a

                        Wood and articles of wood; wood charcoal

                        Kenya

                        S-2a

                        Live plants and floricultural products


title: Commission Implementing Regulation (EU) 2019/250 of 12 February 2019 on the templates for ‘EC’ declarations and certificates for railway interoperability constituents and subsystems, on the model of declaration of conformity to an authorised railway vehicle type and on the ‘EC’ verification procedures for subsystems in accordance with Directive (EU) 2016/797 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 201/2011 (Text with EEA relevance.)

text:
                  13.2.2019

                  EN

                  Official Journal of the European Union

                  L 42/9

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/250
         of 12 February 2019
         on the templates for ‘EC’ declarations and certificates for railway interoperability constituents and subsystems, on the model of declaration of conformity to an authorised railway vehicle type and on the ‘EC’ verification procedures for subsystems in accordance with Directive (EU) 2016/797 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 201/2011
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (1), and in particular Article 9(4), Article 15(9) and Article 24(4) thereof,
         Whereas:

                     (1)

                     Manufacturers or their authorised representatives, applicants, notified bodies and designated bodies should use harmonised templates for documents that accompany the application for an authorisation for the placing in service of fixed installations or a vehicle authorisation for placing on the market in order to streamline the assessment by the European Union Agency for Railways (‘the Agency’) or a national safety authority of those applications and in order to facilitate the supervision of the Union rail system by national safety authorities.

                     (2)

                     There is a need to facilitate the establishment of ‘EC’ declarations provided for in Directive (EU) 2016/797. In particular, there is a need to facilitate the establishment of ‘EC’ declaration of conformity or suitability for use of interoperability constituents, ‘EC’ declaration of verification of subsystems, intermediate statement of verification of subsystems, declaration of conformity to an authorised vehicle type.

                     (3)

                     There is also a need to facilitate the establishment of the technical file that is to accompany the ‘EC’ declarations by setting templates for ‘EC’ certificate of conformity or suitability for use of an interoperability constituent, ‘EC’ certificate of verification of a subsystem delivered by a notified body and certificate delivered by a designated body.

                     (4)

                     ‘EC’ declaration of conformity and ‘EC’ declaration of suitability for use and their accompanying documents should provide evidence that the interoperability constituents have been subject to the procedures laid down in the corresponding technical specifications for interoperability (‘TSI’) for assessing conformity or suitability for use and indicate the references of those TSIs and other relevant Union acts.

                     (5)

                     An ‘EC’ declaration of suitability for use of interoperability constituents being issued on the basis of in-service experience should be considered as a supplementary declaration to the ‘EC’ declaration of conformity of interoperability constituent.

                     (6)

                     The nature of information to be provided should allow for one template to be used to accommodate both ‘EC’ declaration of the conformity of the interoperability constituent and ‘EC’ declaration of the suitability for use of the interoperability constituent.

                     (7)

                     ‘EC’ declaration of verification of subsystems and its accompanying documents should provide evidence of the completion of the relevant procedures for verification in accordance with the applicable Union law and relevant national rules, and indicate the references of the Directives, TSIs and other relevant Union acts as well as relevant national rules.

                     (8)

                     In order to ensure that a subsystem continues to meet the essential requirements over time the ‘EC’ declaration of verification should reflect any change which affects it and the applicant should have procedures in place to continuously update the ‘EC’ declaration of verification.

                     (9)

                     ‘EC’ verification procedure for a modified subsystem should be in accordance with Article 15 of Directive (EU) 2016/797 and provisions applicable to existing subsystems and vehicles which are set out in TSIs. Existing subsystems may have been placed in service before ‘EC’ verification procedure was applicable to them and thus without an ‘EC’ declaration of verification. ‘EC’ verification procedure regarding changes to those subsystems placed in service without an ‘EC’ declaration of verification should be limited to the parts of the subsystem that are changed, and their interfaces to the unchanged parts of the subsystem. An ‘EC’ declaration of verification should then cover the changed subsystem.

                     (10)

                     One template should be used to accommodate the ‘EC’ declaration of verification and potential changes that could affect its elements during the lifecycle of the subsystem.

                     (11)

                     Intermediate Statement of Verification of subsystem, its annex and accompanying documentation should provide evidence of the completion of a stage of the relevant verification procedure of a subsystem, or of a part of a subsystem, in accordance with the applicable Union law and relevant national rules. It should also indicate the references of the Directives, TSIs and other relevant Union acts as well as relevant national rules.

                     (12)

                     The nature of information to be provided allows for one template to be used to accommodate ‘EC’ certificate of verification delivered by a notified body for a subsystem, ‘EC’ certificate of conformity delivered by a notified body for an interoperability constituent, ‘EC’ certificate of suitability for use delivered by a notified body for an interoperability constituent as well as certificate delivered by a designated body for a subsystem.

                     (13)

                     The annexes to the declaration of conformity to an authorised vehicle type should provide evidence of the completion of the relevant procedures for verification in accordance with the applicable Union law and relevant national rules, and indicate the references of the Directives, TSIs and other relevant Union acts as well as relevant national rules.

                     (14)

                     On 19 December 2017, the Agency issued a recommendation on ‘EC’ declaration of verification of subsystems and templates referred to in Article 9(4), Article 15(9) and Article 24(4) of Directive (EU) 2016/797.

                     (15)

                     Annexes IV and V to Directive 2008/57/EC of the European Parliament and of the Council (2) on the content of ‘EC’ declaration of conformity or suitability for use and ‘EC’ declaration of verification are repealed by Directive (EU) 2016/797, the provisions concerned should therefore be replaced.

                     (16)

                     Commission Regulation (EU) No 201/2011 (3) should be repealed.

                     (17)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Subject matter
            This Regulation lays down:

                        (a)

                        the template for the ‘EC’ declaration of conformity or suitability for use of an interoperability constituent as referred to in Article 9(2) of Directive (EU) 2016/797;

                        (b)

                        the details of the ‘EC’ verification procedures of subsystems and the template for the ‘EC’ declaration of verification as referred to in Article 15(9) of Directive (EU) 2016/797;

                        (c)

                        the template for the Intermediate Statement of Verification of the subsystem as referred to in Article 15(9) of Directive (EU) 2016/797;

                        (d)

                        the template for the certificates of conformity or suitability for use of an interoperability constituent as referred to in Article 9(2) and the template for the certificates of verification of a subsystem as referred to in Article 15(9) of Directive (EU) 2016/797;

                        (e)

                        the model of declaration of conformity to an authorised vehicle type as referred to in Article 24(4) of Directive (EU) 2016/797.

            Article 2
            Definitions
            For the purposes of this Regulation, the following definitions shall apply:

                        (a)

                        ‘“EC” declaration of conformity’ means the declaration established for an interoperability constituent by the manufacturer or its authorised representative in which the manufacturer or its authorised representative declares on its sole responsibility that the interoperability constituent concerned, which has been subject to the relevant verification procedures, complies with the relevant Union law;

                        (b)

                        ‘“EC” declaration of suitability for use’ means the supplementary declaration to the ‘EC’ declaration of conformity of the interoperability constituent established for an interoperability constituent by the manufacturer or its authorised representative in which the manufacturer or its authorised representative declares on its sole responsibility that the interoperability constituent concerned, which has been subject to the relevant verification procedures, satisfies the requirements for suitability for use specified in the relevant TSI;

                        (c)

                        ‘“EC” declaration of verification’ means the declaration established for a subsystem by the applicant in which the applicant declares on its sole responsibility that the subsystem concerned, which has been subject to the relevant verification procedures, satisfies the requirements of the relevant Union law and any relevant national rules;

                        (d)

                        ‘Subsystem placed in service without an “EC” declaration of verification’ means a subsystem, fixed or mobile, that has been placed in service before ‘EC’ verification procedure was applicable to it in accordance with Council Directive 96/48/EC (4), Directive 2001/16/EC of the European Parliament and of the Council (5) or Directive 2008/57/EC, and thus without an ‘EC’ declaration of verification.

                        (e)

                        ‘Intermediate Statement of Verification’ means the document established either by the notified body selected by the applicant, in the case of TSI requirements, or by a designated body, in the case of requirements stemming from national rules, which registers the results of a stage of the verification procedure;

                        (f)

                        ‘“EC” certificate of conformity’ means the certificate delivered for an interoperability constituent by the notified body of the conformity of an interoperability constituent, considered in isolation, with the Union technical specifications to be met;

                        (g)

                        ‘“EC” certificate of suitability for use’ means the certificate delivered for an interoperability constituent by the notified body of the suitability for use of an interoperability constituent considered within its railway environment;

                        (h)

                        ‘certificate of verification’ means the certificate delivered for a subsystem either by the notified body or by the designated body regarding the verification of conformity respectively with relevant TSIs or with relevant national rules from the design stage to the acceptance stage before the subsystem is placed on the market or in service and which covers verification of the interfaces of the subsystem in question with the system into which it is incorporated;

                        (i)

                        ‘“EC” certificate of verification’ means the certificate delivered for a subsystem by the notified body regarding solely the verification of conformity with relevant TSIs;

                        (j)

                        ‘declaration of conformity to an authorised vehicle type’ means the declaration established for a vehicle by the applicant in which the applicant declares on its sole responsibility that the vehicle concerned, which has been subject to the relevant verification procedures, conforms to an authorised vehicle type and satisfies the requirements of the relevant Union law and relevant national rules.

                        (k)

                        ‘ERADIS ID’ means the alphanumeric code used to identify an ‘EC’ declaration of conformity or suitability for use of interoperability constituent or an ‘EC’ declaration of verification of subsystem and which is established in accordance with Annex VII.

            Article 3
            ‘EC’ declaration of conformity or ‘EC’ declaration of suitability for use

               1.   The manufacturer or its authorised representative shall establish ‘EC’ declaration of conformity of interoperability constituent or ‘EC’ declaration of suitability for use of interoperability constituent in accordance with the template set out in Annex I.

               2.   An ‘EC’ declaration of conformity or ‘EC’ declaration of suitability for use shall be written in one of the official languages of the Union and it shall be in the same language as its accompanying documents.

            Article 4
            Accompanying documents for ‘EC’ declaration of conformity or ‘EC’ declaration of suitability for use
            An ‘EC’ declaration of conformity or suitability for use of interoperability constituents shall be accompanied by the following documents:

                        (a)

                        ‘EC’ certificate of conformity and, where appropriate, ‘EC’ certificate of suitability for use;

                        (b)

                        technical documentation in accordance with Commission Decision 2010/713/EU (6).

            Article 5
            ‘EC’ declaration of verification

               1.   An ‘EC’ declaration of verification shall be based on the information resulting from the verification procedures for subsystems set out in Article 15 of Directive (EU) 2016/797 and Annex IV to that Directive. One ‘EC’ declaration of verification shall comprise the verification in respect with Union law and, where appropriate, national rules.

               2.   The applicant shall establish ‘EC’ declaration of verification in accordance with the template set out in Annex II, and in accordance with the template set out in Annex III when it relates to a subsystem initially placed in service without an ‘EC’ declaration of verification.

               3.   An ‘EC’ declaration of verification shall be written in one of the official languages of the Union and it shall be in the same language as its accompanying documents.

            Article 6
            Verification procedure in case of a change to a subsystem

               1.   In the event of a change to a subsystem, the applicant shall analyse the change and assess the impact on the ‘EC’ declaration of verification.

               2.   Where the validity of an element of the relevant ‘EC’ declaration of verification is impacted by that change, the applicant shall update the ‘EC’ declaration of verification or shall establish a new ‘EC’ declaration of verification. A new ‘EC’ declaration of verification shall be established whenever a new authorisation according to criteria set out in Articles 18(6) and 21(12) of Directive (EU) 2016/797 is required.

               3.   Where a change affects a basic parameter, the applicant shall assess the need for, and where required carry out the ‘EC’ verification procedure set out in Article 15 of Directive (EU) 2016/797 and Annex IV to that Directive for the changed subsystem.

            Article 7
            Verification procedure in case of a change to a subsystem placed in service without an ‘EC’ declaration of verification

               1.   In the event of a change to a subsystem placed in service without an ‘EC’ declaration of verification, the applicant shall analyse the change and assess the impact on the existing design and maintenance documentation.

               2.   Where a change is made to a subsystem that affects a basic parameter, the applicant shall assess the need for, and where required carry out the ‘EC’ verification procedure in accordance with Article 15 of Directive (EU) 2016/797.

               3.   The conformity assessment body shall only assess the parts of the subsystem that are changed, and assess the interfaces to the unchanged parts of the subsystem.

               4.   An ‘EC’ declaration of verification shall be established by the applicant for the whole subsystem by declaring under its sole responsibility that:

                           (a)

                           the changed part and the interfaces to the unchanged parts of the subsystem have been subject to the relevant verification procedures and comply with the relevant Union law and any relevant national rules.

                           (b)

                           the unchanged part has been brought into use in the railway system and has been maintained in its design operating state since the date of bringing into use in the railway system until the date of the establishment of EC declaration of verification.

            Article 8
            Intermediate Statement of Verification

               1.   An intermediate Statement of Verification shall be based on the same relevant conformity assessment modules as those used for the issuing of a certificate of verification for a subsystem.

               2.   The notified body or the designated body shall establish the Intermediate Statement of Verification in accordance with the template set out in Annex IV.

               3.   The Intermediate Statement of Verification shall be written in one of the official languages of the Union and it shall be in the same language as its accompanying documents.

            Article 9
            Certificate of conformity or suitability for use and of verification
            Certificate of verification of subsystem, ‘EC’ certificate of verification and ‘EC’ certificate of conformity or suitability for use of interoperability constituents shall be established in accordance with the template set out in Annex V.

            Article 10
            Declaration of conformity to an authorised vehicle type

               1.   An applicant shall establish a declaration of conformity to an authorised vehicle type in accordance with the model structure set out in Annex VI.

               2.   A declaration of conformity to an authorised vehicle type shall be written in one of the official languages of the Union and it shall be in the same language as its accompanying documents.

            Article 11
            Repeal
            Regulation (EU) No 201/2011 is repealed with effect from 16 June 2019.
            The Annex to Regulation (EU) No 201/2011 shall continue to apply to declaration of conformity to type as referred to in Article 26(4) of Directive 2008/57/EC until 16 June 2020 in the Member States that have notified the Agency and the Commission in accordance with Article 57(2) of Directive (EU) 2016/797.

            Article 12
            Entry into force and application
            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 16 June 2019 in the Member States that have not notified the Agency and the Commission in accordance with Article 57(2) of Directive (EU) 2016/797.
            Article 11 shall apply from 16 June 2019 in the Member States that have notified the Agency and the Commission of an intention to extend the transposition period of Directive (EU) 2016/797 in accordance with Article 57(2) thereof.
            It shall apply in all Member States from 16 June 2020.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 12 February 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 138, 26.5.2016, p. 44.

            (2)  Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (OJ L 191, 18.7.2008, p. 1).

            (3)  Commission Regulation (EU) No 201/2011 of 1 March 2011 on the model of declaration of conformity to an authorised type of railway vehicle (OJ L 57, 2.3.2011, p. 8).

            (4)  Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (OJ L 235, 17.9.1996, p. 6).

            (5)  Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the trans-European conventional rail system (OJ L 110, 20.4.2001, p. 1).

            (6)  Commission Decision 2010/713/EU of 9 November 2010 on modules for the procedures for assessment of conformity, suitability for use and EC verification to be used in the technical specifications for interoperability adopted under Directive 2008/57/EC of the European Parliament and of the Council (OJ L 319, 4.12.2010, p. 1).

            ANNEX I
            TEMPLATE FOR ‘EC’ DECLARATION OF CONFORMITY OR SUITABILITY FOR USE OF INTEROPERABILITY CONSTITUENTS

               ‘EC’ declaration of conformity or suitability for use of interoperability constituent

            ‘EC’ declaration identification number [ERADIS ID] (1)

            We, Manufacturer or Authorised representative

               [Business name]

               [Complete postal address]

            Declare under our sole responsibility that the following interoperability constituent (2):

               [Name/short description of interoperability constituent, unique identification of the interoperability constituent]

            to which this declaration refers complies with the relevant Union law:

               [Title(s) of the Directive(s); Title(s) of the TSI(s); Title(s) of European Specifications]

            has been assessed by the following Notified Body:

               [Business name]

               [Registration number]

               [Full address]

            In accordance with the following approval(s) and/or certificate(s):

               [Approval(s), date of issue][Certificate number(s), date of issue]

            The following conditions of use and other restrictions apply (3):

               [List or reference to the list of conditions of use and other restrictions]

            The following procedures have been followed in order to declare conformity:

               [The modules chosen by manufacturer for the assessment of the interoperability constituent]

            List of Annexes

               [Titles of the Annexes (Technical documentation or technical file accompanying the ‘EC’ declaration of conformity or suitability for use)] (4)

            Done on:

               [Date DD/MM/YYYY]

            Signature of Manufacturer/Authorised representative

               [First Name, Surname]

               (1)  The information in square brackets [ ] is provided to support the user in correctly and exhaustively compiling the template.

               (2)  The description of the interoperability constituent shall enable unique identification and allow for traceability.

               (3)  When a reference to a list of conditions of use and other restrictions is made, such list shall be accessible to the authorising entity.

               (4)  Technical documentation in accordance with Decision 2010/713/EU.

            ANNEX II
            TEMPLATE FOR ‘EC’ DECLARATION OF VERIFICATION OF SUBSYSTEM

               ‘EC’ declaration of verification of subsystem

            ‘EC’ declaration identification number [ERADIS ID] (1)

            We, Applicant:

               [Business name]

               [Complete postal address]

            Declare under our sole responsibility that the following subsystem (2):

               [Name/short description of the subsystem, unique identification of the subsystem]

            to which this declaration refers has been subject to the relevant verification procedures and complies with the relevant Union law and any relevant national rules:

               [Reference to: the Directive(s); TSI(s); Relevant national rules;]

            has been assessed by the following conformity assessment bodies:

                        Notified Body:

                           Business name

                           Registration number

                           Full address

                        Designated Body:

                           Business name

                           Identification number

                           Full address

                        Assessment body [Risk assessment]:

                           Business name

                           Identification number

                           Full address

                  In accordance with the following certificate(s) and or report(s):

               [Certificate(s) number(s), report(s) number(s), date(s) of issue]

            The following conditions of use and other restrictions apply (3):

               [List or reference to the list of conditions of use and other restrictions]

            The following procedures have been followed in order to declare conformity:

               [The modules chosen by applicant for the verification of the subsystem]

            Identification of the technical file accompanying this declaration

               [Reference to the technical file accompanying the ‘EC’ declaration of verification of subsystem in accordance with Article 15(4) of Directive (EU) 2016/797]

            Reference to former ‘EC’ declaration of verification (where applicable)

               [Yes/No]

            Done on:

               [date DD/MM/YYYY]

            Signature of Applicant
            First Name, Surname

               (1)  The information in square brackets [ ] is provided to support the user in correctly and exhaustively compiling the template.

               (2)  The description of the subsystem shall enable unique identification and allow for traceability.

               (3)  When a reference to a list of conditions of use and other restrictions is made, such list shall be accessible to the authorising entity.

            ANNEX III
            TEMPLATE FOR ‘EC’ DECLARATION OF VERIFICATION FOR SUBSYSTEM INITIALLY PLACED IN SERVICE WITHOUT AN ‘EC’ DECLARATION

               ‘EC’ declaration of verification of subsystem

            ‘EC’ declaration identification number [ERADIS ID] (1)

            We, Applicant:

               [Business name]

               [Complete postal address]

            Declare under our sole responsibility that for the subsystem to which this declaration refers (2):

               [Name/short description of the subsystem, unique identification of the subsystem]

            The changed part of the subsystem:

               [Name/short description of the parts of the subsystem]

            has been subject to the relevant verification procedures and complies with the relevant Union law and any relevant national rules:

               [Reference to: the Directive(s); TSI(s); Relevant national rules;]

            has been assessed by the following conformity assessment bodies:

                        Notified Body:

                           Business name

                           Registration number

                           Full address

                        Designated Body:

                           Business name

                           Identification number

                           Full address

                        Assessment body [Risk assessment]:

                           Business name

                           Identification number

                           Full address

                  In accordance with the following certificate(s) and or report(s):

               [Certificate(s) number(s), report(s) number(s), date(s) of issue]

            The unchanged part of the subsystem to which this declaration refers has been brought into use in the railway system and has been maintained in its design operating state since the date of bringing into use in the railway system until the date of the establishing the ‘EC’ declaration of verification.
            The following conditions of use and other restrictions apply (3):

               [List or reference to the list of conditions of use and other restrictions]

            The following procedures have been followed in order to declare conformity:

               [The modules chosen by applicant for the verification of the subsystem]

            Identification of the technical file accompanying this declaration

               [Reference to the technical file accompanying the ‘EC’ declaration of verification of subsystem in accordance with Article 15(4) of Directive (EU) 2016/797]

            Reference to former ‘EC’ declaration of verification (where applicable)

               [Yes/No]

            Done on:

               [date DD/MM/YYYY]

            Signature of Applicant
            First Name, Surname

               (1)  The information in square brackets [ ] is provided to support the user in correctly and exhaustively compiling the template.

               (2)  The description of the subsystem shall enable unique identification and allow for traceability.

               (3)  When a reference to a list of conditions of use and other restrictions is made, such list shall be accessible to the authorising entity.

            ANNEX IV
            TEMPLATE FOR INTERMEDIATE STATEMENT OF VERIFICATION

               Intermediate Statement of Verification

            Number [unique ISV identification number ensuring traceability of the document] (1)

            Object of Assessment (2):

               [Unique Identification of the subsystem or of the part of the subsystem: identification of whole or of the part of the subsystem, and stages of verification in accordance with point 2.2.3 of Annex IV to Directive (EU) 2016/797]

            Applicant, where applicable also Manufacturer and Manufacturing locations:

               [Name(s), Address(es)]

            Assessment Requirements:

               [Reference to: the Directive(s), the TSI(s), the non-application of TSI(s), the relevant National Rules, European specifications, other Acceptable Means of Compliance]

            Module(s) applied:

               [The modules as chosen by the applicant for the assessment of the subsystem or of a part of the subsystem, and stages of verification]

            Assessment/Audit result:

               [Including reference to the assessment/audit report]

            The following conditions and limits of use apply (3):

               [List or reference to the list of conditions and limits of use]

            Annex of ISV (4) (where applicable)

               [Yes/No]

            Documentation accompanying this ISV:

               [reference to accompanying documents; list or file of documents used for the assessment]

            Validity:

               [Time and conditions of validity of ISV]

            Done on:

               [date DD/MM/YYYY]

                           Notified Body

                           Signature

                           First Name, Surname

                           [OR]

                           Designated Body

                           Signature

                           First Name, Surname

                           Business name

                           Business name

                           Registration number

                           Identification number

                           Complete postal address

                           Complete postal address

                  Page 1[/nn]

               Annex to Intermediate Statement of Verification [where applicable]

            Number [unique ISV identification number]

            Object of Assessment:

               [Unique Identification of the subsystem or of the part of the subsystem: identification of whole or of the part of the subsystem, and stages of verification in accordance with point 2.2.3 of Annex IV to Directive (EU) 2016/797]

            Done on:

               [date DD/MM/YYYY]

                           Notified Body

                           Signature

                           First Name, Surname

                           [OR]

                           Designated Body

                           Signature

                           First Name, Surname

                           Business name

                           Business name

                           Registration number

                           Identification number

                           Complete postal address

                           Complete postal address

                  Page n/nn

               (1)  The information in square brackets [ ] is provided to support the user in compiling the template.

               (2)  The description of the subsystem or part of the subsystem shall enable unique identification and allow for traceability.

               (3)  When a reference to a list of conditions of use and other restrictions is made, such list shall be accessible to the authorising entity.

               (4)  It is good practice to issue ISV as a single page document; if the relevant information for the ISV does not fit all on one page, the Annex provides sufficient space for any other relevant information to be considered.

            ANNEX V
            TEMPLATE FOR CERTIFICATE

               [‘EC’] (1)
               Certificate of [conformity/suitability for use/verification]

            Number [unique certificate identification number] (2)

            Object of Assessment (3):

               [Unique Identification of the Interoperability Constituent or of the Subsystem]

            Applicant, where applicable also Manufacturer and manufacturing locations:

               [Name(s), Address(es)]

            Assessment Requirements:

               [Reference to: the Directive(s), the TSI(s), the relevant National Rules, European specifications, other Acceptable Means of Compliance]

            Module(s) applied:

               [The module(s) as chosen by the applicant for the assessment of the Interoperability Constituent or of the Subsystem]

            Assessment/Audit result:

               [Including reference to the assessment/audit report]

            The following conditions and limits of use apply (4):

               [List or reference to the list of conditions and limits of use]

            Annex (5) (where applicable):

               [Yes/No]

            Documentation accompanying this [‘EC’] (1) Certificate:

               [reference to accompanying documents; list or file of documents used for the assessment]

            Validity:

               [Time and conditions of validity of certificate]

            Done on:

               [date DD/MM/YYYY]

                           Notified Body

                           Signature

                           First Name, Surname

                           [OR]

                           Designated Body

                           Signature

                           First Name, Surname

                           Business name

                           Business name

                           Registration number

                           Identification number

                           Complete postal address

                           Complete postal address

                  page 1[/nn]

               Annex to the [‘EC’] (1)
               certificate [where

                  applicable
                (6)
               ]

            Number [unique certificate identification number]

            Object of Assessment:

               [Unique Identification of the Interoperability Constituent or of the Subsystem]

            Done on:

               [date DD/MM/YYYY]

                           Notified Body

                           Signature

                           First Name, Surname

                           [OR]

                           Designated Body

                           Signature

                           First Name, Surname

                           Business name

                           Business name

                           Registration number

                           Identification number

                           Complete postal address

                           Complete postal address

                  page n/nn

               (1)  ‘EC’ applies only to certificates issued by a Notified Body including certificates covering both Notified Body and Designated Body tasks when it is the same entity. ‘EC’ is to be omitted on certificates issued by a Designated Body.

               (2)  The information in square brackets [ ] is just provided to support the user in correctly and exhaustively compiling the template.

               (3)  The description of the interoperability constituent or the subsystem shall enable unique identification and allow for traceability.

               (4)  When a reference to a list of conditions of use and other restrictions is made, such list shall be accessible to the authorising entity

               (5)  It is good practice to issue certificates as a single page document; if the relevant information for the certificate does not fit all on one page, the Annex provides sufficient space for any other relevant information to be considered.

               (6)  It is good practice to issue certificates as a single page document; if the relevant information for the certificate does not fit all on one page, the Annex provides sufficient space for any other relevant information to be considered.

            ANNEX VI
            MODEL OF DECLARATION OF CONFORMITY TO AN AUTHORISED VEHICLE TYPE

               Declaration of conformity to an authorised vehicle type

            We,
            Applicant
            [Business name] (1)

            [Full address]
            Declare under our sole responsibility that vehicle [European Vehicle Number/pre-reserved Vehicle Number/agreed means of identification] (2) to which this declaration refers

                        —

                        conforms to authorised vehicle type [ERATV identification of the type/version/variant of vehicle]

                        —

                        complies with the relevant Union law and relevant national rules, as indicated in the annexes to this declaration,

                        —

                        has undergone all verification procedures necessary for establishing this declaration.

                  List of annexes (3)

               [Titles of the annexes]

            Signed for and on behalf of [name of the applicant]

            Done at [place], [date DD/MM/YYYY]

               [name, function] [signature]

               (1)  The information in square brackets [ ] is to support the user in correctly and exhaustively compiling the template.

               (2)  For an existing vehicle, the existing European Vehicle Number (EVN) at the time of establishing this declaration shall be used to identify the vehicle.
            For a new vehicle, if at the moment of establishing this declaration the vehicle has not yet been assigned a pre-reserved Vehicle Number in accordance with Commission Implementing Decision (EU) 2018/1614 (OJ L 268, 26.10.2018, p. 53), the vehicle shall be identified by another identification system agreed by the applicant and the authorising entity.
            In accordance with point 3 of Section 3.2.1 of Annex II to that Decision, the reserved Vehicle Number shall become the EVN at the time of the registration.

               (3)  Annexes shall include copies of EC declaration(s) of verification of subsystem(s).

            ANNEX VII
            STRUCTURE AND CONTENT OF THE ‘EC’ DECLARATION IDENTIFICATION NUMBER
            Each ‘EC’ declaration of conformity or suitability for use of interoperability constituent and ‘EC’ declaration of verification of subsystem shall receive an alphanumeric code consisting of 2 letters and 24 digits with the following structure:

                        CC

                        RRRRRRRRRRRRRR

                        YYYY

                        NNNNNN

                        Country code
                        (two letters)

                        National registration number of the applicant
                        (fourteen digits)

                        Year
                        (four digits)

                        Counter
                        (six digits)

                        Field 1

                        Field 2

                        Field 3

                        Field 4

               FIELD 1 — Country code (two letters)

            The country code shall be assigned based on standard ISO 3166.

               FIELD 2 — National registration number of the applicant (fourteen digits number)

            The national registration number of the applicant shall be the legal registration/identification number, given either by Tax Office or by Commercial Register or some other authority that registers companies in the Member State.
            If number is shorter than fourteen digits, the first digits should be left blank-00, like in case of counter.

               FIELD 3 — Year (four digits)

            This field shall indicate the year in which the document was issued.

               FIELD 4 — Counter (six digits)

            The counter shall a progressive number incremented by one unit each time a declaration is issued.
            Every year the counter restarts from zero.
            The counter shall be related to the issuing body.


title: Commission Implementing Regulation (EU) 2019/251 of 12 February 2019 concerning the definitive anti-dumping duties imposed on imports from Hubei Xinyegang Steel Co., Ltd and amending Implementing Regulation (EU) 2015/2272 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron or steel originating in the People's Republic of China

text:
                  13.2.2019

                  EN

                  Official Journal of the European Union

                  L 42/25

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/251
         of 12 February 2019
         concerning the definitive anti-dumping duties imposed on imports from Hubei Xinyegang Steel Co., Ltd and amending Implementing Regulation (EU) 2015/2272 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron or steel originating in the People's Republic of China
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 266 thereof,
         Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (the ‘basic Regulation’), and in particular Article 11(2) thereof,
         Whereas:

            BACKGROUND AND COURT JUDGMENTS

                     (1)

                     Council Regulation (EC) No 926/2009 (2) imposed definitive anti-dumping duties on imports of certain seamless pipes and tubes of iron or steel (‘SPT’) originating in the People's Republic of China (‘PRC’).

                     (2)

                     In December 2009, Hubei Xinyegang Steel Co., Ltd (‘Hubei’), one of the exporting producers of SPT in the PRC, brought an action for annulment of Regulation (EC) No 926/2009, before the General Court. By judgment of 29 January 2014 in Case T-528/09 (3), the General Court annulled Regulation (EC) No 926/2009 to the extent that it imposes anti-dumping duties on exports of SPT produced by Hubei and collects provisional duties imposed on those exports.

                     (3)

                     In April 2014, a number of Union producers of SPT appealed that judgment before the Court of Justice of the European Union in cases C-186/14 P and C-193/14 P (4).

                     (4)

                     Meanwhile, on 7 December 2015, following a request for an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (5), the Commission, by Implementing Regulation (EU) 2015/2272 (6), extended the duties on imports of SPT from the PRC, including those applicable to SPT produced by Hubei.

                     (5)

                     On 7 April 2016, in its judgment in Joined Cases C-186/14 P and C-193/14 P, the Court of Justice of the European Union dismissed the appeals brought against the judgment of General Court in Case T-528/09, thereby confirming the ruling of the General Court.

                     (6)

                     On 3 June 2016, in order to give effect to the abovementioned judgments, the Commission's services removed Hubei's name from the group of companies listed under TARIC additional code A 950 and listed Hubei separately under TARIC additional code C 129 (the so-called ‘Commission decision of 3 June 2016’). That modification of the TARIC code reflected the Court's annulment of anti-dumping duties on imports of SPT produced by Hubei.

            PROCEEDINGS BEFORE THE GENERAL COURT IN CASE T-364/16

                     (7)

                     On 7 June 2016, a number of Union producers of SPT lodged an application at the General Court for the annulment of the changes made to the TARIC database. By judgment of 18 October 2018, in Case T-364/16 (7) the General Court annulled the so-called Commission decision of 3 June 2016 to take Hubei out of the list of companies listed under TARIC additional code A 950 and to list it under TARIC additional code C 129.

                     (8)

                     By its judgment in Case T-364/16, the General Court confirmed that the Commission was correct to take the view that compliance with the earlier judgments of 7 April 2016, and of 29 January 2014, in accordance with Article 266 of the Treaty on the Functioning of the European Union, implied that the anti-dumping duties laid down by Implementing Regulation (EU) 2015/2272 were no longer to be collected on the goods produced by Hubei (8).

                     (9)

                     Nevertheless, the General Court considered that the annulment of Regulation (EC) No 926/2009, to the extent that it concerns Hubei, cannot automatically entail the elimination from the EU legal order of the provisions of Implementing Regulation (EU) 2015/2272, which were not annulled by the Courts of the European Union (9). Therefore, since Implementing Regulation (EU) 2015/2272 must be presumed to be lawful, the Commission should have amended or repealed it by means of a regulation (10).

            AMENDMENT OF THE ANTI-DUMPING MEASURES

                     (10)

                     In view of the General Court's findings in Case T-364/16, and in accordance with the rule of equivalence of form, Implementing Regulation (EU) 2015/2272 should be amended so as to remove Hubei from the scope of the anti-dumping measures applicable to imports of SPT from the PRC with retroactive effect to the date of entry into force of the said regulation.

                     (11)

                     Repayment or remission should be requested from national customs authorities in accordance with applicable customs legislation.

                     (12)

                     In view of the recent case-law of the Court of Justice (11), it is appropriate to provide for the rate of default interest to be paid in case of reimbursement of definitive duties. That is because the relevant provisions in force concerning customs duties do not provide for such an interest rate and the application of national rules would lead to undue distortions between economic operators depending on which Member State is chosen for customs clearance.

                     (13)

                     On 13 December 2018, the Commission disclosed its intention to amend Implementing Regulation (EU) 2015/2272 to remove Hubei from the list of companies on whose products anti-dumping duties are imposed and the reasoning underlying that amendment to the interested parties. No comments were received.

                     (14)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   The definitive anti-dumping duties incurred on imports from Hubei Xinyegang Steel Co., Ltd to the Union of the product concerned pursuant to Implementing Regulation (EU) 2015/2272, shall be repaid or remitted. The repayment or remission shall be requested from national customs authorities in accordance with applicable customs legislation.

               2.   The default interest to be paid in case of reimbursement that gives rise to a right to payment of default interest shall be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union, in force on the first calendar day of the month in which the deadline falls, increased by one percentage point.

            Article 2
            Implementing Regulation (EU) 2015/2272 is amended as follows:

                        (1)

                        Article 1(2) is replaced by the following:

                           ‘2.   The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the products described in paragraph 1, and manufactured by the companies listed below shall be as follows:

                                       Company

                                       AD duty rate (%)

                                       TARIC additional code

                                       Shandong Luxing Steel Pipe Co., Ltd, Qingzhou City, the PRC

                                       17,7

                                       A949

                                       Other cooperating companies listed in the Annex

                                       27,2

                                       A950

                                       All other companies

                                       39,2

                                       A999

                                 For products described in paragraph 1 and manufactured by Hubei Xinyegang Steel Co., Ltd, no anti-dumping duty shall apply. The TARIC additional code established for Hubei Xinyegang Steel Co., Ltd is C129.’

                        (2)

                        The table in the Annex is replaced by the following:

                                    ‘Company Name

                                    City

                                    Hebei Hongling Seamless Steel Pipes Manufacturing Co., Ltd

                                    Handan

                                    Hengyang Valin MPM Co., Ltd

                                    Hengyang

                                    Hengyang Valin Steel Tube Co., Ltd

                                    Hengyang

                                    Jiangsu Huacheng Industry Group Co., Ltd

                                    Zhangjiagang

                                    Jiangyin City Seamless Steel Tube Factory

                                    Jiangyin

                                    Jiangyin Metal Tube Making Factory

                                    Jiangyin

                                    Pangang Group Chengdu Iron & Steel Co., Ltd

                                    Chengdu

                                    Shenyang Xinda Co., Ltd

                                    Shenyang

                                    Suzhou Seamless Steel Tube Works

                                    Suzhou

                                    Tianjin Pipe (Group) Corporation (TPCO)

                                    Tianjin

                                    Wuxi Dexin Steel Tube Co., Ltd

                                    Wuxi

                                    Wuxi Dongwu Pipe Industry Co., Ltd

                                    Wuxi

                                    Wuxi Seamless Oil Pipe Co., Ltd

                                    Wuxi

                                    Zhangjiagang City Yiyang Pipe Producing Co., Ltd

                                    Zhangjiagang

                                    Zhangjiagang Yichen Steel Tube Co., Ltd

                                    Zhangjiagang’

            Article 3
            This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
            Article 2 shall apply from 9 December 2015.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 12 February 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 176, 30.6.2016, p. 21.

            (2)  Council Regulation (EC) No 926/2009 of 24 September 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain seamless pipes and tubes of iron or steel originating in the People's Republic of China (OJ L 262, 6.10.2009, p. 19).

            (3)  Judgment of the General Court (Second Chamber) of 29 January 2014 in Case T-528/09, Hubei Xinyegang Steel Co. Ltd v Council of the European Union, ECLI:EU:T:2014:35.

            (4)  Judgment of the Court (Second Chamber) of 7 April 2016 in Joined Cases C-186/14 P and C-193/14 P, ArcelorMittal Tubular Products Ostrava a.s. and Others v Hubei Xinyegang Steel Co. Ltd and Council of the European Union v Hubei Xinyegang Steel Co. Ltd, ECLI:EU:C:2016:209.

            (5)  Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51).

            (6)  Commission Implementing Regulation (EU) 2015/2272 of 7 December 2015 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron or steel originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (OJ L 322, 8.12.2015, p. 21).

            (7)  Judgment of the General Court (Seventh Chamber) of 18 October 2018 in Case T-364/16, ArcelorMittal Tubular Products Ostrava a.s. and Others v European Commission, ECLI:EU:T:2018:696.

            (8)  Case T-364/16, §67.

            (9)  Case T-364/16, §65.

            (10)  Case T-364/16, §68.

            (11)  Judgment of the Court (Third Chamber) of 18 January 2017, C-365/15, Wortmann v Hauptzollamt Bielefeld, EU:C:2017:19, paragraphs 35 to 39.


title: Commission Implementing Regulation (EU) 2019/291 of 19 February 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 1-naphthylacetamide, 1-naphthylacetic acid, acrinathrin, azoxystrobin, fluazifop p, fluroxypyr, imazalil, kresoxim-methyl, oxyfluorfen, prochloraz, prohexadione, spiroxamine, tefluthrin and terbuthylazine (Text with EEA relevance.)

text:
                  20.2.2019

                  EN

                  Official Journal of the European Union

                  L 48/17

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/291
         of 19 February 2019
         amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 1-naphthylacetamide, 1-naphthylacetic acid, acrinathrin, azoxystrobin, fluazifop p, fluroxypyr, imazalil, kresoxim-methyl, oxyfluorfen, prochloraz, prohexadione, spiroxamine, tefluthrin and terbuthylazine
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular the first paragraph of Article 17 thereof,
         Whereas:

                     (1)

                     Part B of the Annex to Commission Implementing Regulation (EU) No 540/2011 (2) sets out the active substances approved under Regulation (EC) No 1107/2009.

                     (2)

                     The approval periods of the substances 1-naphthylacetamide, 1-naphthylacetic acid, acrinathrin, azoxystrobin, fluazifop p, fluroxypyr, imazalil, kresoxim-methyl, oxyfluorfen, prochloraz, prohexadione, spiroxamine, tefluthrin and terbuthylazine will expire on 31 December 2021.

                     (3)

                     Applications for the renewal of the approval of the active substances included in this Regulation were submitted in accordance with Commission Implementing Regulation (EU) No 844/2012 (3). However, the approval of those substances is likely to expire for reasons beyond the control of the applicant before a decision has been taken on the renewal of their approval. It is therefore necessary to extend their approval periods in accordance with Article 17 of Regulation (EC) No 1107/2009.

                     (4)

                     In view of the time and resources necessary for completing the assessment of the applications for the renewal of approval of a large number of active substances the approvals of which will expire between 2019 and 2021, Commission Implementing Decision C(2016) 6104 (4) established a work programme grouping together similar active substances and setting priorities on the basis of safety concerns for human and animal health or the environment as provided for in Article 18 of Regulation (EC) No 1107/2009.

                     (5)

                     The presumed low risk substances should be prioritised in accordance with Implementing Decision C(2016) 6104. The approval of those substances should therefore be extended by a period as short as possible. Taking into account the distribution of responsibilities and work among the Member States acting as rapporteurs and co-rapporteursand the available resources necessary for assessment and decision-making, that period should be of one year for the active substance prohexadione.

                     (6)

                     For the active substances which do not fall in the prioritised categories in Implementing Decision C(2016) 6104, the approval period should be extended by either two or three years, taking into account the current date of expiry, the fact that in accordance with Article 6(3) of Implementing Regulation (EU) No 844/2012, the supplementary dossier for an active substance is to be submitted no later than 30 months before the expiry of the approval, taking into account the need to ensure a balanced distribution of responsibilities and work among the Member States acting as rapporteurs and co-rapporteurs and the available resources necessary for assessment and decision-making. It is therefore appropriate to extend the approval periods for the active substances 1-naphthylacetamide, 1-naphthylacetic acid, acrinathrin, fluazifop p, prochloraz and spiroxamine by two years, and to extend the approval periods of the active substances azoxystrobin, fluroxypyr, imazalil, kresoxim-methyl, oxyfluorfen, tefluthrin, terbuthylazine by three years.

                     (7)

                     In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where no supplementary dossier in accordance with Implementing Regulation (EU) No 844/2012 is submitted no later than 30 months before the respective expiry date laid down in the Annex to this Regulation, the Commission will set the expiry date at the same date as before this Regulation or at the earliest date thereafter.

                     (8)

                     In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where the Commission will adopt a Regulation providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the Commission will set the expiry date at the same date as before this Regulation or at the date of the entry into force of the Regulation providing that the approval of the active substance is not renewed, whichever date is later. As regards cases where the Commission will adopt a Regulation providing for the renewal of an active substance referred to in the Annex to this Regulation, the Commission will endeavour to set, as appropriate under the circumstances, the earliest possible application date.

                     (9)

                     Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

                     (10)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The Annex to Implementing Regulation (EU) No 540/2011 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, 19 February 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 309, 24.11.2009, p. 1.

            (2)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

            (3)  Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

            (4)  Commission Implementing Decision of 28 September 2016 on the establishment of a work programme for the assessment of applications for the renewal of approvals of active substances expiring in 2019, 2020 and 2021 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council (OJ C 357, 29.9.2016, p. 9).

            ANNEX
            Part B of the Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

                        (1)

                        in the sixth column, expiration of approval, of row 4, Azoxystrobin, the date is replaced by ‘31 December 2024’;

                        (2)

                        in the sixth column, expiration of approval, of row 5, Imazalil, the date is replaced by ‘31 December 2024’;

                        (3)

                        in the sixth column, expiration of approval, of row 6, Prohexadione, the date is replaced by ‘31 December 2022’

                        (4)

                        in the sixth column, expiration of approval, of row 7, Spiroxamine, the date is replaced by ‘31 December 2023’;

                        (5)

                        in the sixth column, expiration of approval, of row 8, Kresoxim-methyl, the date is replaced by ‘31 December 2024’;

                        (6)

                        in the sixth column, expiration of approval, of row 9, Fluroxypyr, the date is replaced by ‘31 December 2024’;

                        (7)

                        in the sixth column, expiration of approval, of row 10, Tefluthrin, the date is replaced by ‘31 December 2024’;

                        (8)

                        in the sixth column, expiration of approval, of row 11, Oxyfluorfen, the date is replaced by ‘31 December 2024’;

                        (9)

                        in the sixth column, expiration of approval, of row 12, 1-naphthylacetamide, the date is replaced by ‘31 December 2023’;

                        (10)

                        in the sixth column, expiration of approval, of row 13, 1-naphthylacetic acid, the date is replaced by ‘31 December 2023’;

                        (11)

                        in the sixth column, expiration of approval, of row 15, Fluazifop P, the date is replaced by ‘31 December 2023’;

                        (12)

                        in the sixth column, expiration of approval, of row 16, Terbuthylazine, the date is replaced by ‘31 December 2024’;

                        (13)

                        in the sixth column, expiration of approval, of row 19, Acrinathrin, the date is replaced by ‘31 December 2023’;

                        (14)

                        in the sixth column, expiration of approval, of row 20, Prochloraz, the date is replaced by ‘31 December 2023’.