title: Commission Implementing Regulation (EU) 2018/709 of 14 May 2018 amending Implementing Regulation (EU) No 809/2014 as regards the labels requirement pertaining to the aid applications concerning the areas used for the production of hemp

text:
                  15.5.2018

                  EN

                  Official Journal of the European Union

                  L 119/29

            COMMISSION IMPLEMENTING REGULATION (EU) 2018/709
      of 14 May 2018
      amending Implementing Regulation (EU) No 809/2014 as regards the labels requirement pertaining to the aid applications concerning the areas used for the production of hemp
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 78, first subparagraph, point (b) thereof,
      Whereas:

                  (1)

                  Pursuant to point (c) of the first subparagraph of Article 17(7) of Commission Implementing Regulation (EU) No 809/2014 (2), the single application has to contain, for areas used for the production of hemp, the official labels used on the packaging of the seeds in accordance with Council Directive 2002/57/EC (3).

                  (2)

                  Article 9(1) of Commission Delegated Regulation (EU) No 639/2014 (4) as amended by Commission Delegated Regulation (EU) 2018/707 (5) includes an alternative certification of hemp seed in the case of conservation varieties according to Commission Directive 2008/62/EC (6).

                  (3)

                  It is therefore appropriate to amend point (c) of the first subparagraph of Article 17(7) of Implementing Regulation (EU) No 809/2014 and specify the documents to be admitted as official labels in the case of conservation varieties certified according to Directive 2008/62/EC.

                  (4)

                  Implementing Regulation (EU) No 809/2014 should therefore be amended accordingly.

                  (5)

                  The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct payments,

            HAS ADOPTED THIS REGULATION:
      Article 1
      In the first subparagraph of Article 17(7) of Implementing Regulation (EU) No 809/2014, point (c) is replaced by the following:

                     ‘(c)

                     the official labels used on the packaging of the seeds in accordance with Council Directive 2002/57/EC (*1), and in particular Article 12 thereof, or any other document recognised as equivalent by the Member State; or, in the case of conservation varieties certified in accordance with Commission Directive 2008/62/EC (*2), the supplier's labels or the printed or stamped notice used on the packaging of the seeds of conservation varieties as referred to in Article 18 of that Directive.

      Article 2
      This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 14 May 2018.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 347, 20.12.2013, p. 549.

         (2)  Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69).

         (3)  Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002, p. 74).

         (4)  Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014 supplementing Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and amending Annex X to that Regulation (OJ L 181, 20.6.2014, p. 1).

         (5)  Commission Delegated Regulation (EU) 2018/707 of 28 February 2018 amending Delegated Regulation (EU) No 639/2014 as regards the eligibility criteria for support for hemp under the basic payment scheme and certain requirements in respect of voluntary coupled support (see page 1 of this Official Journal).

         (6)  Commission Directive 2008/62/EC of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties (OJ L 162, 21.6.2008, p. 13).


title: Commission Implementing Regulation (EU) 2018/720 of 16 May 2018 opening and providing for the management of a Union tariff quota for poultry originating in Iceland

text:
               17.5.2018

               EN

               Official Journal of the European Union

               L 122/2

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/720
   of 16 May 2018
   opening and providing for the management of a Union tariff quota for poultry originating in Iceland
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 58(1) thereof,
   Whereas:

               (1)

               An agreement was concluded in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products (‘the Agreement’) reached on the basis of Article 19 of the Agreement on the European Economic Area (2). The Agreement was approved on behalf of the Union by Council Decision (EU) 2017/1913 (3).

               (2)

               Annex V to that Agreement provides for the opening of an annual duty free tariff quota for imports into the Union of poultry originating in Iceland.

               (3)

               Pursuant to Decision (EU) 2017/1913 the Agreement is to enter into force on the first day of the seventh month following the date on which the Parties have notified each other that the required internal procedures have been completed. The last of those notifications took place on 19 October 2017. The Agreement is therefore to enter into force on 1 May 2018. The measures laid down in this Regulation should apply from the date of entry into force of the Agreement.

               (4)

               The Agreement specifies that the tariff quota is to apply annually and imports should therefore be managed on a calendar-year basis. However, as the Agreement is applicable from 1 May 2018, the annual quantities for 2018 and the following years should be laid down in accordance with Annex V to the Agreement.

               (5)

               The tariff quota should be managed by the Commission on the basis of the chronological order of dates of acceptance of customs declarations for release for free circulation in accordance with the rules for the management of tariff quotas laid down in Commission Implementing Regulation (EU) 2015/2447 (4).

               (6)

               The Agreement provides that the provisions set out in Protocol 3 to the Agreement between the European Economic Community and the Republic of Iceland, as amended by Decision No 2/2005 of the EC-Iceland Joint Committee (5), shall apply to the products benefitting from the tariff quota.

               (7)

               The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   A Union tariff quota is opened for poultry originating in Iceland, as set out in the Annex.
   Article 2
   The tariff quota set out in the Annex shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.
   Article 3
   In order to be eligible to benefit from the tariff quota set out in this Regulation, the goods listed in the Annex shall comply mutatis mutandis with the rules of origin and other provisions set out in Protocol 3 to the Agreement between the European Economic Community and Iceland, as amended by Decision No 2/2005 of the EC-Iceland Joint Committee.
   Article 4
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 May 2018.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 16 May 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 269, 10.10.2013, p. 1.

      (2)  OJ L 274, 24.10.2017, p. 58.

      (3)  Council Decision (EU) 2017/1913 of 9 October 2017 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products (OJ L 274, 24.10.2017, p. 57).

      (4)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 58).

      (5)  Decision No 2/2005 of the EC-Iceland Joint Committee of 22 December 2005 amending Protocol 3 to the Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (OJ L 131, 18.5.2006, p. 1).

      ANNEX
      Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products shall be considered as having no more than an indicative value, the scope of the preferential scheme being determined, within the context of this Annex, by the HS heading set out in the second column of the table.

                  Order No

                  HS Heading

                  Description of products

                  Annual Tariff Quota volume
                  (tonnes net weight)

                  Rate of quota duty
                  (%)

                  09.0830

                  0207

                  Poultry

                  From 1.5.2018 to 31.12.2018:
                  100
                  For each calendar year from 1.1.2019:
                  300

                  0


title: Commission Implementing Regulation (EU) 2018/724 of 16 May 2018 on certain commercial policy measures concerning certain products originating in the United States of America

text:
               17.5.2018

               EN

               Official Journal of the European Union

               L 122/14

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/724
   of 16 May 2018
   on certain commercial policy measures concerning certain products originating in the United States of America
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014 concerning the exercise of the Union's rights for the application and enforcement of international trade rules (1), and in particular Article 4(1) thereof,
   Whereas:

               (1)

               On 8 March 2018 the United States of America (‘United States’) adopted safeguard measures in the form of a tariff increase on imports of certain steel and aluminium products, effective from 23 March 2018 and with an unlimited duration. On 22 March the effective date of the tariff increase with respect to the European Union was deferred to 1 May 2018.

               (2)

               Notwithstanding the United States' characterisation of these measures as security measures, they are in essence safeguard measures. They consist of remedial action that disturbs the balance of concessions and obligations resulting from the World Trade Organisation (‘WTO’) Agreement and restricts imports for the purpose of protecting domestic industry against foreign competition, for the sake of that industry's commercial prosperity. The security exceptions of the General Agreement on Tariffs and Trade 1994 (‘GATT 1994’) do not apply to or justify such safeguard measures, and have no bearing on the right of rebalancing under the relevant provisions of the WTO Agreement.

               (3)

               The WTO Agreement on Safeguards provides for the right of any exporting Member affected by a safeguard measure to suspend the application of substantially equivalent concessions or other obligations to the trade of the WTO Member applying the safeguard measure, provided that no satisfactory solution is reached in consultations and the WTO Council for Trade in Goods does not disapprove.

               (4)

               Consultations between the United States and the Union as envisaged in Articles 8 and 12.3 of the WTO Agreement on Safeguards did not reach any satisfactory solution (2).

               (5)

               The suspension by the Union of substantially equivalent concessions or other obligations should take effect following the expiration of 30 days after its notification to the Council for Trade in Goods, unless the Council for Trade in Goods disapproves. The WTO Agreement allows for the right of suspension to be exercised (a) immediately, provided that the safeguard measure has not been taken as a result of an absolute increase in imports, or does not conform to the relevant provisions of the WTO Agreement; or (b) after the expiry of a period of three years as from the application of the safeguard measure.

               (6)

               The Commission exercises the right to suspend the application of substantially equivalent concessions or other obligations with the intention of rebalancing concessions or other obligations in the trade relations with third countries, on the basis of Article 4(1) of Regulation (EU) No 654/2014. The appropriate action takes the form of commercial policy measures which may consist of, inter alia, the suspension of tariff concessions and the imposition of new or increased customs duties.

               (7)

               In designing and selecting appropriate commercial policy measures, the Commission applies objective criteria in accordance with Article 4(2)(c) and Article 4(3) of Regulation (EU) No 654/2014, including as relevant the proportionality of any measures, their potential to provide relief to the Union industries affected by the safeguard measures, and the aim of minimising negative economic impact on the Union, including with regard to essential raw materials.

               (8)

               In accordance with Article 9 of Regulation (EU) No 654/2014, the Commission provided an opportunity for stakeholders to express their views and submit information regarding the Union's economic interests in this respect (3).

               (9)

               The United States' safeguard measures are capable of having a considerable negative economic impact on the Union industries concerned. They would significantly limit Union exports of the steel and aluminium products concerned to the United States. The affected Union imports of the relevant steel and aluminium products into the United States are worth at least EUR 6,41 billion in 2017 (of which EUR 5,30 billion is total steel imports and EUR 1,11 billion is total aluminium imports).

               (10)

               Therefore, a suspension of trade concessions on certain products up to a level which reflects and does not exceed the amount that would result from the application of the United States' duties to the imports of the steel and aluminium products from the Union into the United States represents an appropriate suspension of the application of substantially equivalent trade concessions in line with the WTO Agreement on Safeguards.

               (11)

               Subsequently, with a separate implementing act, the Commission may decide to implement the suspension of the application of trade concessions, if necessary or to the extent necessary, through the application of additional customs duties on certain products originating in the United States imported into the Union. The Commission should decide on the scope of the application, and reflecting the timing requirements described in recital (5), depending on whether the United States excludes certain products or companies from the safeguard measures.

               (12)

               Reflecting the timing requirements described in recital (5), the additional customs duties should apply, if necessary or to the extent necessary, in two stages. At the first stage, ad valorem duties of a maximum rate of 25 % on imports of the products listed in Annex I, may be applied immediately and until the United States ceases to apply its safeguard measures to products from the Union.

               (13)

               The total amount of ad valorem duties at the first stage reflects the United States' tariff increase of 25 % on imports of ‘carbon and alloy flat products’ and ‘carbon and alloy long products’ (4) from the Union into the United States (EUR 2,83 billion total value of Union imports into the United States in 2017). These are the steel products for which the United States' safeguard measures have not been taken as a result of an absolute increase in imports.

               (14)

               At the second stage, further additional ad valorem duties of a maximum rate of 10 %, 25 %, 35 % and 50 % on imports of the products listed in Annex II, may be applied as from 23 March 2021 or upon the adoption by, or notification to, the WTO Dispute Settlement Body of a ruling that the United States' safeguard measures are inconsistent with the relevant provisions of the WTO Agreement, if that is earlier, until the United States' safeguard measures cease to apply.

               (15)

               The total amount of ad valorem duties at the second stage reflects the United States' tariff increase of 10 % on imports of the aluminium products (5) and of 25 % on imports of ‘carbon and alloy pipe and tube products’, ‘carbon and alloy semi-finished products’ and ‘stainless steel products’ (6) from the Union into the United States (EUR 3,58 billion total value of Union imports into the United States in 2017 of which EUR 2,47 billion is steel imports and EUR 1,11 billion is aluminium imports). These are the products for which there appears to have been an absolute increase in imports.

               (16)

               The commercial policy measures and the products concerned have been selected in accordance with the criteria of Article 4(2)(c) and (3) of Regulation (EU) No 654/2014.

               (17)

               By not exceeding the value of the Union imports affected by the United States' safeguard measures as described in recitals (9) and (10), the commercial policy measures are proportionate to the effect of the United States' safeguard measures and not excessive. It is also noted that only a fraction of the total value available will be initially exercised, as described in recitals (12) and (13).

               (18)

               The commercial policy measures should provide some relief to the steel and aluminium Union industries affected by the United States' safeguard measures.

               (19)

               The commercial policy measures should apply to imports of products originating in the United States on which the Union is not substantially dependent for its supply. The commercial policy measures may also apply with respect to the steel and aluminium sectors. This approach avoids as much as possible a negative impact on the various actors on the Union market, including consumers.

               (20)

               Products for which an import licence with an exemption from or a reduction of duty has been issued prior to the date entry into force of this regulation should not be subject to these additional customs duties.

               (21)

               Products for which the importers can prove that they have been exported from the United States to the Union prior to the date of application of the additional customs duties should not be subject to the additional customs duties.

               (22)

               This Regulation is without prejudice to the question of the consistency of the United States' safeguard measures with the relevant provisions of the WTO Agreement.

               (23)

               In light of the applicable WTO time limits and the preliminary nature of this act, it is appropriate that it should enter into force on the day on which it is published in the Official Journal of the European Union.

               (24)

               The measures provided for in this Regulation are in accordance with the opinion of the Trade Barriers Committee, established by Regulation (EU) 2015/1843 of the European Parliament and of the Council (7),

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Commission shall immediately, and in any event no later than 18 May 2018, give written notice to the WTO Council for Trade in Goods that, absent disapproval by the Council for Trade in Goods, the Union suspends, from 20 June 2018, the application to the trade of the United States of import duty concessions under the GATT 1994 in respect of the products listed in Annex I and Annex II, so as to allow for an application of additional customs duties on the importation of these products originating in the United States.
   Article 2
   The application of additional customs duties on these products, through a subsequent Commission implementing act, shall be effected within the following parameters, and take into account any subsequent exclusion of certain products or companies from the safeguard measures by the United States:

               (a)

               At the first stage, additional ad valorem duty of a maximum rate of 25 % may be applied on imports of products listed in Annex I from 20 June 2018.

               (b)

               At the second stage, further additional ad valorem duty of a maximum rate of 10 %, 25 %, 35 % or 50 % may be applied on imports of products listed in Annex II:

                           —

                           from 23 March 2021, or

                           —

                           from the fifth day following the date of the adoption by, or notification to, the WTO Dispute Settlement Body of a ruling that the United States' safeguard measures are inconsistent with the relevant provisions of the WTO Agreement, if that is earlier. In the latter event, the Commission shall publish in the Official Journal of the European Union a notice indicating the date on which such ruling is adopted or notified.

         Article 3
   The suspension provided for in Article 1 may be exercised as long as, and to the extent that, the United States applies or re-applies its safeguard measures in a manner that would affect products from the Union. The Commission shall publish in the Official Journal of the European Union a notice indicating the date on which the United States has ceased to apply its safeguard measures.
   Article 4
   1.   Products listed in the Annexes for which an import licence with an exemption from or a reduction of duty has been issued prior to the date of entry into force of this regulation shall not be subject to additional duty.
   2.   Products listed in the Annexes for which the importers can prove that they have been exported from the United States to the Union prior to the date on which an additional duty is applied with respect to that product shall not be subject to the additional duty.
   Article 5
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 16 May 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 189, 27.6.2014, p. 50.

      (2)  Consultations were requested by the Union on 16 April 2018. Agreement has not been reached and the 30-day period for consultations referred to in Article 8 of the WTO Safeguards Agreement has expired.

      (3)  http://trade.ec.europa.eu/consultations/index.cfm?consul_id=253

      (4)  Products referred to by the U.S. Department of Commerce Report of 11 January 2018 (https://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_steel_on_the_national_security_-_with_redactions_-_20180111.pdf).

      (5)  Products referred to by the U.S. Department of Commerce Report of 17 January 2018 (https://www.commerce.gov/sites/commerce.gov/files/the_effect_of_imports_of_aluminum_on_the_national_security_-_with_redactions_-_20180117.pdf).

      (6)  Ibid footnote 4.

      (7)  Regulation (EU) 2015/1843 of the European Parliament and of the Council of 6 October 2015 laying down Union procedures in the field of the common commercial policy in order to ensure the exercise of the Union's rights under international trade rules, in particular those established under the auspices of the World Trade Organization (codification) (OJ L 272, 16.10.2015, p. 1).

      ANNEX I

         Products that may be subject to additional duties from 20 June 2018

                  CN 2018 (1)

                  Additional duty

                  0710 40 00

                  25 %

                  0711 90 30

                  25 %

                  0713 33 90

                  25 %

                  1005 90 00

                  25 %

                  1006 30 21

                  25 %

                  1006 30 23

                  25 %

                  1006 30 25

                  25 %

                  1006 30 27

                  25 %

                  1006 30 42

                  25 %

                  1006 30 44

                  25 %

                  1006 30 46

                  25 %

                  1006 30 48

                  25 %

                  1006 30 61

                  25 %

                  1006 30 63

                  25 %

                  1006 30 65

                  25 %

                  1006 30 67

                  25 %

                  1006 30 92

                  25 %

                  1006 30 94

                  25 %

                  1006 30 96

                  25 %

                  1006 30 98

                  25 %

                  1006 40 00

                  25 %

                  1904 10 30

                  25 %

                  1904 90 10

                  25 %

                  2001 90 30

                  25 %

                  2004 90 10

                  25 %

                  2005 80 00

                  25 %

                  2008 11 10

                  25 %

                  2009 12 00

                  25 %

                  2009 19 11

                  25 %

                  2009 19 19

                  25 %

                  2009 19 91

                  25 %

                  2009 19 98

                  25 %

                  2009 81 11

                  25 %

                  2009 81 19

                  25 %

                  2009 81 31

                  25 %

                  2009 81 59

                  25 %

                  2009 81 95

                  25 %

                  2009 81 99

                  25 %

                  2208 30 11

                  25 %

                  2208 30 19

                  25 %

                  2208 30 82

                  25 %

                  2208 30 88

                  25 %

                  2402 10 00

                  25 %

                  2402 20 10

                  25 %

                  2402 20 90

                  25 %

                  2402 90 00

                  25 %

                  2403 11 00

                  25 %

                  2403 19 10

                  25 %

                  2403 19 90

                  25 %

                  2403 91 00

                  25 %

                  2403 99 10

                  25 %

                  2403 99 90

                  25 %

                  3304 20 00

                  25 %

                  3304 30 00

                  25 %

                  3304 91 00

                  25 %

                  6109 10 00

                  25 %

                  6109 90 20

                  25 %

                  6109 90 90

                  25 %

                  6203 42 31

                  25 %

                  6203 42 90

                  25 %

                  6203 43 11

                  25 %

                  6204 62 31

                  25 %

                  6204 62 90

                  25 %

                  6302 31 00

                  25 %

                  6403 59 95

                  25 %

                  7210 12 20

                  25 %

                  7210 12 80

                  25 %

                  7219 12 10

                  25 %

                  7219 12 90

                  25 %

                  7219 13 10

                  25 %

                  7219 13 90

                  25 %

                  7219 32 10

                  25 %

                  7219 32 90

                  25 %

                  7219 33 10

                  25 %

                  7219 33 90

                  25 %

                  7219 34 10

                  25 %

                  7219 34 90

                  25 %

                  7219 35 90

                  25 %

                  7222 20 11

                  25 %

                  7222 20 21

                  25 %

                  7222 20 29

                  25 %

                  7222 20 31

                  25 %

                  7222 20 81

                  25 %

                  7222 20 89

                  25 %

                  7222 40 10

                  25 %

                  7222 40 50

                  25 %

                  7222 40 90

                  25 %

                  7223 00 11

                  25 %

                  7223 00 19

                  25 %

                  7223 00 91

                  25 %

                  7226 92 00

                  25 %

                  7228 30 20

                  25 %

                  7228 30 41

                  25 %

                  7228 30 49

                  25 %

                  7228 30 61

                  25 %

                  7228 30 69

                  25 %

                  7228 30 70

                  25 %

                  7228 30 89

                  25 %

                  7228 50 20

                  25 %

                  7228 50 40

                  25 %

                  7228 50 69

                  25 %

                  7228 50 80

                  25 %

                  7229 90 20

                  25 %

                  7229 90 50

                  25 %

                  7229 90 90

                  25 %

                  7301 20 00

                  25 %

                  7304 31 20

                  25 %

                  7304 31 80

                  25 %

                  7304 41 00

                  25 %

                  7306 30 11

                  25 %

                  7306 30 19

                  25 %

                  7306 30 41

                  25 %

                  7306 30 49

                  25 %

                  7306 30 72

                  25 %

                  7306 30 77

                  25 %

                  7306 30 80

                  25 %

                  7306 40 20

                  25 %

                  7306 40 80

                  25 %

                  7307 11 10

                  25 %

                  7307 11 90

                  25 %

                  7307 19 10

                  25 %

                  7307 19 90

                  25 %

                  7308 30 00

                  25 %

                  7308 40 00

                  25 %

                  7308 90 51

                  25 %

                  7308 90 59

                  25 %

                  7308 90 98

                  25 %

                  7309 00 10

                  25 %

                  7309 00 51

                  25 %

                  7309 00 59

                  25 %

                  7310 29 10

                  25 %

                  7310 29 90

                  25 %

                  7311 00 13

                  25 %

                  7311 00 19

                  25 %

                  7311 00 99

                  25 %

                  7314 14 00

                  25 %

                  7314 19 00

                  25 %

                  7314 49 00

                  25 %

                  7315 11 10

                  25 %

                  7315 11 90

                  25 %

                  7315 12 00

                  25 %

                  7315 19 00

                  25 %

                  7315 89 00

                  25 %

                  7315 90 00

                  25 %

                  7318 14 10

                  25 %

                  7318 14 91

                  25 %

                  7318 14 99

                  25 %

                  7318 16 40

                  25 %

                  7318 16 60

                  25 %

                  7318 16 92

                  25 %

                  7318 16 99

                  25 %

                  7321 11 10

                  25 %

                  7321 11 90

                  25 %

                  7322 90 00

                  25 %

                  7323 93 00

                  25 %

                  7323 99 00

                  25 %

                  7324 10 00

                  25 %

                  7325 10 00

                  25 %

                  7325 99 10

                  25 %

                  7325 99 90

                  25 %

                  7326 90 30

                  25 %

                  7326 90 40

                  25 %

                  7326 90 50

                  25 %

                  7326 90 60

                  25 %

                  7326 90 92

                  25 %

                  7326 90 96

                  25 %

                  7606 11 10

                  25 %

                  7606 11 91

                  25 %

                  7606 12 20

                  25 %

                  7606 12 92

                  25 %

                  7606 12 93

                  25 %

                  8711 40 00

                  25 %

                  8711 50 00

                  25 %

                  8903 91 10

                  25 %

                  8903 91 90

                  25 %

                  8903 92 10

                  25 %

                  8903 92 91

                  25 %

                  8903 92 99

                  25 %

                  8903 99 10

                  25 %

                  8903 99 91

                  25 %

                  8903 99 99

                  25 %

                  9504 40 00

                  25 %

         (1)  The nomenclature codes are taken from the Combined Nomenclature as defined in Article 1(2) of 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) and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation, including most recently Commission Implementing Regulation (EU) 2017/1925 of 12 October 2017 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 282, 31.10.2017, p. 1).

      ANNEX II

         Products that may be subject to further additional duties from 23 March 2021 or upon determination of WTO inconsistency of the US safeguard measures

                  CN 2018 (1)

                  Additional duty

                  2008 93 11

                  25 %

                  2008 93 19

                  25 %

                  2008 93 29

                  25 %

                  2008 93 91

                  25 %

                  2008 93 93

                  25 %

                  2008 93 99

                  25 %

                  2208 30 11

                  25 %

                  2208 30 19

                  25 %

                  2208 30 82

                  25 %

                  2208 30 88

                  25 %

                  3301 12 10

                  10 %

                  3301 13 10

                  10 %

                  3301 90 10

                  10 %

                  3301 90 30

                  10 %

                  3301 90 90

                  10 %

                  3302 90 10

                  10 %

                  3302 90 90

                  10 %

                  3304 10 00

                  10 %

                  3305 30 00

                  10 %

                  4818 20 10

                  25 %

                  4818 20 91

                  35 %

                  4818 20 99

                  25 %

                  4818 30 00

                  25 %

                  4818 50 00

                  35 %

                  4818 90 10

                  25 %

                  4818 90 90

                  35 %

                  5606 00 91

                  10 %

                  5606 00 99

                  10 %

                  5907 00 00

                  10 %

                  5911 10 00

                  10 %

                  5911 20 00

                  10 %

                  5911 31 11

                  10 %

                  5911 31 19

                  10 %

                  5911 31 90

                  10 %

                  5911 32 11

                  10 %

                  5911 32 19

                  10 %

                  5911 32 90

                  10 %

                  6203 42 11

                  50 %

                  6203 42 33

                  50 %

                  6203 42 35

                  50 %

                  6203 42 51

                  50 %

                  6203 42 59

                  50 %

                  6203 43 19

                  50 %

                  6203 43 31

                  50 %

                  6203 43 39

                  50 %

                  6203 43 90

                  50 %

                  6204 62 11

                  50 %

                  6204 62 33

                  50 %

                  6204 62 39

                  50 %

                  6204 62 51

                  50 %

                  6204 62 59

                  50 %

                  6205 30 00

                  50 %

                  6301 30 10

                  50 %

                  6301 30 90

                  50 %

                  6402 19 00

                  25 %

                  6402 99 10

                  50 %

                  6402 99 31

                  25 %

                  6402 99 39

                  25 %

                  6402 99 50

                  25 %

                  6402 99 91

                  25 %

                  6402 99 93

                  25 %

                  6402 99 96

                  25 %

                  6402 99 98

                  25 %

                  6403 59 05

                  25 %

                  6403 59 11

                  25 %

                  6403 59 31

                  25 %

                  6403 59 35

                  25 %

                  6403 59 39

                  25 %

                  6403 59 50

                  25 %

                  6403 59 91

                  25 %

                  6403 59 99

                  25 %

                  6601 10 00

                  50 %

                  6911 10 00

                  50 %

                  6911 90 00

                  50 %

                  6912 00 21

                  50 %

                  6912 00 23

                  50 %

                  6912 00 25

                  50 %

                  6912 00 29

                  50 %

                  6912 00 81

                  50 %

                  6912 00 83

                  50 %

                  6912 00 85

                  50 %

                  6912 00 89

                  50 %

                  6913 10 00

                  50 %

                  6913 90 10

                  50 %

                  6913 90 93

                  50 %

                  6913 90 98

                  50 %

                  6914 10 00

                  50 %

                  6914 90 00

                  50 %

                  7005 21 25

                  25 %

                  7005 21 30

                  25 %

                  7005 21 80

                  25 %

                  7007 19 10

                  10 %

                  7007 19 20

                  10 %

                  7007 19 80

                  10 %

                  7007 21 20

                  10 %

                  7007 21 80

                  10 %

                  7007 29 00

                  10 %

                  7009 10 00

                  25 %

                  7009 91 00

                  10 %

                  7013 28 10

                  10 %

                  7013 28 90

                  10 %

                  7102 31 00

                  10 %

                  7113 11 00

                  25 %

                  7113 19 00

                  25 %

                  7113 20 00

                  25 %

                  7228 50 61

                  25 %

                  7326 90 98

                  10 %

                  7604 29 90

                  25 %

                  7606 11 93

                  25 %

                  7606 11 99

                  25 %

                  8422 11 00

                  50 %

                  8450 11 11

                  50 %

                  8450 11 19

                  50 %

                  8450 11 90

                  50 %

                  8450 12 00

                  50 %

                  8450 19 00

                  50 %

                  8506 10 11

                  10 %

                  8506 10 18

                  10 %

                  8506 10 91

                  10 %

                  8506 10 98

                  10 %

                  8506 90 00

                  10 %

                  8543 70 01

                  50 %

                  8543 70 02

                  50 %

                  8543 70 03

                  50 %

                  8543 70 04

                  50 %

                  8543 70 05

                  50 %

                  8543 70 06

                  50 %

                  8543 70 07

                  50 %

                  8543 70 08

                  50 %

                  8543 70 09

                  50 %

                  8543 70 10

                  50 %

                  8543 70 30

                  50 %

                  8543 70 50

                  50 %

                  8543 70 60

                  50 %

                  8543 70 90

                  25 %

                  8704 21 10

                  10 %

                  8704 21 31

                  10 %

                  8704 21 39

                  10 %

                  8704 21 91

                  10 %

                  8704 21 99

                  10 %

                  8711 40 00

                  25 %

                  8711 50 00

                  25 %

                  8901 90 10

                  50 %

                  8901 90 90

                  50 %

                  8902 00 10

                  50 %

                  8902 00 90

                  50 %

                  8903 10 10

                  10 %

                  8903 10 90

                  10 %

                  8903 92 91

                  25 %

                  8903 92 99

                  25 %

                  9401 61 00

                  50 %

                  9401 69 00

                  50 %

                  9401 71 00

                  50 %

                  9401 79 00

                  50 %

                  9401 80 00

                  50 %

                  9404 90 10

                  25 %

                  9404 90 90

                  25 %

                  9405 99 00

                  25 %

         (1)  The nomenclature codes are taken from the Combined Nomenclature as defined in Article 1(2) of 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) and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation, including most recently Commission Implementing Regulation (EU) 2017/1925 of 12 October 2017 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 282, 31.10.2017, p. 1).


title: Commission Implementing Regulation (EU) 2018/732 of 17 May 2018 on a common methodology for alternative fuels unit price comparison in accordance with Directive 2014/94/EU of the European Parliament and of the Council (Text with EEA relevance. )

text:
               18.5.2018

               EN

               Official Journal of the European Union

               L 123/85

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/732
   of 17 May 2018
   on a common methodology for alternative fuels unit price comparison in accordance with Directive 2014/94/EU of the European Parliament and of the Council
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (1), and in particular Article 7(3) thereof,
   Whereas:

               (1)

               For the purposes of determining the methodology best suited under Article 7(3) of Directive 2014/94/EU, and following a call for tender, the Commission requested the German Energy Agency (dena) to carry out a study to identify possible options for a common methodology for alternative fuels unit price comparison (2).

               (2)

               Four principal options were analysed in the study. The Commission considered all those options. It appeared that the option according to which fuel prices are expressed as amounts of applicable currency per 100 km, taking into account the price of the fuel per unit as referred to in Directive 98/6/EC of the European Parliament and of the Council (3) and the consumption of the vehicles as indicated in the certificate of conformity was most comprehensive, and it was based on measurable data. That option takes into account not only the energy content of the fuel but also other factors relevant to the fuel price per distance covered, in particular the energy efficiency of the respective technologies linked to the use of the different fuels in the vehicles.

               (3)

               A methodology expressing fuel prices as amounts of applicable currency per 100 km was supported by consumers, according to a consumer survey on fuel price comparison (4), carried out by the Fédération Internationale de l'Automobile following a call for tender.

               (4)

               The chosen methodology should allow users to make a straightforward comparison encompassing all the most relevant factors, also in view of future purchasing choices. The methodology appears thus best fitted for the purposes of increasing consumer awareness and fuel price transparency. It is also best fitted to the more general objectives of Directive 2014/94/EU, equally taken into account in the European Strategy for Low-Emission Mobility (5) adopted in the framework of the Energy Union, namely to contribute to a diversification of energy sources in transport and to a reduction of CO2 and other pollutant emissions in this area.

               (5)

               The value of fuel consumption provided in the certificate of conformity of the vehicles should be used for calculating the fuel prices. This value is based on the World Harmonised Light Vehicles Test Procedure (WLTP) (6) starting from September 2017 for new types of vehicles and from September 2018 for all new vehicles. This test procedure replaces the currently used New European Test Cycle (NEDC). The WLTP provides for stricter test conditions and more realistic fuel consumption to the benefit of consumers. Reference to these values is consistent with the consumer information provided under Directive 1999/94/EC of the European Parliament and of the Council (7) relating to the availability of consumer information on fuel economy in respect of the marketing of new passenger cars, also in view of Commission Recommendation (EU) 2017/948 (8).

               (6)

               As no values for fuel consumption are provided in the certificate of conformity of the vehicles regarding the biofuel blends with petrol or diesel (9), Member States may use their own data in order to determine such values.

               (7)

               In order to make the methodology workable at any moment in time, the fuel price to be taken into account should be the average price of the relevant fuel per conventional unit over maximum the last calendar quarter prior to the time of calculation.

               (8)

               Because of the constraints inherent in the display of comparisons in fuel stations, it should be specified that the use of such methodology supposes the establishment of samples of passenger cars that are comparable, at least in view of their weight and their power, but use different fuels.

               (9)

               To further facilitate comparisons based on the methodology established in this Regulation, Member States have the possibility to make use of the opportunities offered by digitalisation such as online tools. Such tools should provide the opportunity to obtain individual information for all or most models of vehicles existing in the market. Such tool would also offer the possibility to add other information.

               (10)

               The Commission Multi-Annual Work Programme for financial assistance in the field of Connecting Europe Facility (CEF) —Transport sector for the period 2014-2020 (10) provides for an action intended to assist Member States in the implementation of Directive 2014/94/EU. According to the Work Programme, the objective is notably to support a consistent implementation of Article 7(3) of that Directive in all Member States and to support Member States in making consumer information available in via digital tools.

               (11)

               The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 9(1) of Directive 2014/94/EU,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The common methodology for alternative fuels unit price comparison within the meaning of Article 7(3) of Directive 2014/94/EU, based on prices expressed as amounts of applicable currency per 100 km, is set out in the Annex.
   Article 2
   This Regulation shall enter into force on the twentieth day following the date of its publication in the Official Journal of the European Union.
   It shall apply from 24 months after its entry into force.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 May 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 307, 28.10.2014, p. 1.

      (2)  https://ec.europa.eu/transport/sites/transport/files/2017-01-fuel-price-comparison.pdf

      (3)  Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (OJ L 80, 18.3.1998, p. 27).

      (4)  https://publications.europa.eu/en/publication-detail/-/publication/4e8d1774-fa70-11e7-b8f5-01aa75ed71a1

      (5)  COM (2016) 501 final.

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

      (7)  Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars (OJ L 12, 18.1.2000, p. 16).

      (8)  Commission Recommendation (EU) 2017/948 of 31 May 2017 on the use of fuel consumption and CO2 emission values type-approved and measured in accordance with the World Harmonised Light Vehicles Test Procedure when making information available for consumers pursuant to Directive 1999/94/EC of the European Parliament and of the Council (OJ L 142, 2.6.2017, p. 100).

      (9)  Directive 2009/30/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC (OJ L 140, 5.6.2009, p. 88).

      (10)  Commission Decision C(2014)1921 of 26 March 2014 as amended.

      ANNEX

                  1.

                  The common methodology set out in this Annex concerns alternative fuels as defined in Article 2(1) of Directive 2014/94/EU.

                  2.

                  The methodology provides, for the purposes of displays at fuel stations as referred to in the first subparagraph of Article 7(3) of Directive 2014/94/EU, the basic calculation allowing an indicative comparison of prices, based on samples of passenger car models that are established by Member States and that are comparable at least in view of their weight and their power, but use different fuels.

                  3.

                  The methodology defines how, for the purposes of such comparison, prices of petrol and diesel and alternative fuels are expressed as amounts of applicable currency per 100 km. The calculation is based on the following factors:

                              (a)

                              fuel consumption of the respective vehicle per 100 km indicated in the certificate of conformity of vehicles referred to in Article 18 of Directive 2007/46/EC of the European Parliament and of the Council (1);

                              (b)

                              if applicable, fuel consumption values per 100 km determined by Member States for biofuel blends with petrol or diesel (2);

                              (c)

                              market prices per unit of the respective fuels, expressed in the applicable currency for the units referred to in the Member State concerned, in accordance with Directive 98/6/EC (hereafter: conventional units).

                  4.

                  The price expressed as amount of applicable currency per 100 km is calculated as follows:
                  Fuel price in applicable currency per conventional unit × fuel consumption per 100 km.

                  5.

                  The price of fuels in conventional units taken into account is the average price over maximum the last calendar quarter prior to the time of calculation.

         (1)  Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L 263, 9.10.2007, p. 1).

         (2)  Directive 2009/30/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC (OJ L 140, 5.6.2009, p. 88).


title: Commission Implementing Regulation (EU) 2018/734 of 17 May 2018 on the minimum selling price for skimmed milk powder for the 20th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080

text:
               18.5.2018

               EN

               Official Journal of the European Union

               L 123/92

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/734
   of 17 May 2018
   on the minimum selling price for skimmed milk powder for the 20th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
   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),
   Having regard to Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.

               (2)

               In the light of the tenders received for the 20th partial invitation to tender, a minimum selling price should be fixed.

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   For the 20th partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 15 May 2018, the minimum selling price shall be 115,50 EUR/100 kg.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 May 2018.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  OJ L 206, 30.7.2016, p. 71.

      (3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).


title: Commission Implementing Regulation (EU) 2018/746 of 18 May 2018 amending Implementing Regulation (EU) No 809/2014 as regards modification of single applications and payment claims and checks

text:
               22.5.2018

               EN

               Official Journal of the European Union

               L 125/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/746
   of 18 May 2018
   amending Implementing Regulation (EU) No 809/2014 as regards modification of single applications and payment claims and checks
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular points (a) and (b) of the first subparagraph of Article 62(2) and points (b) and (c) of the first subparagraph of Article 78 thereof,
   Whereas:

               (1)

               Article 15(2a) of Commission Implementing Regulation (EU) No 809/2014 (2) sets out the deadline by which beneficiaries may modify their single applications or payment claims following the notification of the results of the preliminary checks. To ensure beneficiaries are afforded equal treatment, it is appropriate to ensure that all beneficiaries always have the same number of days after the deadline for notification of the results of the preliminary checks to modify their single applications or payment claims.

               (2)

               Article 24(4) of Implementing Regulation (EU) No 809/2014 provides that physical inspections in the field are required whenever photo-interpretation of satellite or aerial images does not provide conclusive results on compliance with eligibility criteria or the correct size of the area that is the subject of administrative or on-the-spot checks. New technologies such as Unmanned Aircraft Systems, geo-tagged photographs, GNSS-receivers combined with EGNOS and Galileo, data captured by the Copernicus Sentinels satellites and others, provide relevant data on activities carried out on agricultural areas. With a view to reducing the burden of controls for the competent authorities and beneficiaries, particularly the number of physical inspections in the field, and boosting the use of new technologies in the integrated administration and control system, it is appropriate to allow relevant evidence collected by using such technologies as well as any other relevant documentary evidence to be used for checking compliance with eligibility criteria, commitments or other obligations for the aid scheme or support measure concerned as well as compliance with the requirements and standards relevant for cross-compliance. Physical inspections in the field should remain necessary if this evidence does not lead to conclusive results.

               (3)

               Copernicus Sentinels satellites integrated with EGNOS/Galileo data offer relevant and full, free and open data that allow monitoring of all agricultural areas in Member States. It is appropriate to allow Member States or regions to use an alternative method for carrying out checks by using systematically these or similar data and processing them in an automated way as well as following up cases where the automated processing of data leads to inconclusive results, without compromising the system's performance in delivering the required level of assurance on the legality and regularity of expenditure (hereinafter referred to as ‘monitoring’). A legal framework should therefore be provided to set out the conditions under which checks by monitoring in a Member State or a region can substitute the area-related on-the-spot checks.

               (4)

               When checks by monitoring allow the competent authority to conclude if the administrative penalty set out in Article 19a(3) of Commission Delegated Regulation (EU) No 640/2014 (3) has to be applied, it should be provided that the follow-up on-the-spot check in accordance with Article 33a of Implementing Regulation (EU) No 809/2014 is not necessary.

               (5)

               Taking into account the initial investment needed by the competent authorities to substitute the current on-the-spot checks method with checks by monitoring, it is appropriate to provide for a certain flexibility, allowing that checks by monitoring are carried out only for certain aid schemes, support measures or types of operations, and to provide for the possibility to phase-in checks by monitoring of a certain aid scheme or support measure. During the phasing-in period, which should be limited in time to ensure equal treatment of beneficiaries, new provisions should ensure that Member States or regions gradually extend their use of checks by monitoring to the whole area covered by the aid scheme or support measure. Such an approach will allow Member States or regions to prepare for a full implementation of monitoring and fine-tune the follow-up procedures and IT tools used to analyse data. Where checks by monitoring are limited to areas chosen on the basis of clearly defined, objective and non-discriminatory criteria, all beneficiaries in those areas should be subject to checks by monitoring.

               (6)

               It is appropriate to set a minimum control rate in order to ensure that the checks on compliance with the eligibility conditions, requirements and other obligations are satisfactory in circumstances where data provided by Copernicus Sentinels satellites are not relevant. Physical inspections in the field should only be necessary if evidence collected using new technologies such as geo-tagged photos and Unmanned Aircraft Systems or relevant documentary evidence does not lead to a conclusive result or if the competent authorities anticipate that none of these types of evidence will be effective in checking compliance with the eligibility conditions, requirements and other obligations that cannot be monitored.

               (7)

               The results of the automated analysis of Copernicus Sentinels satellites data or similar data can be a tool to assist beneficiaries in respecting requirements. Warning alerts about possible non-compliance should be communicated to beneficiaries and national authorities should be required to set up appropriate tools for that purpose. It is appropriate to provide that communication with beneficiaries on these results is not considered as a notice to the beneficiary of the intention of the competent authority to carry out an on-the-spot check. Beneficiaries should also be given the possibility to modify their aid applications or payment claims so as to correct their declaration on the use of agricultural areas, provided that the requirements in question have been complied with. It is also appropriate to allow Member States to set a deadline by which these modifications can be accepted.

               (8)

               It is appropriate to clarify that applications or applicants found not to be admissible or not eligible for payment at the time of the on-the-spot check should not be part of the control population from which samples are drawn to fulfil the minimum control rates. It should also be provided that these applications or data concerning these applicants should be used for cross-checks so as to detect double claims in admissible applications and information relevant for the update of the land parcel identification system.

               (9)

               To clarify the scope of on-the-spot checks concerning the obligation to reconvert in cases of non-respect of the obligation on environmentally sensitive permanent grassland areas, it is appropriate to provide that the on-the-spot checks should be carried out on parcels that have to be reconverted so as to check if the reconversion obligation has been respected.

               (10)

               To allow Member States to optimise their sample selection, it is appropriate to provide for more flexibility in selecting the control samples as laid down in Articles 30 to 33 of Implementing Regulation (EU) No 809/2014. The mandatory selection method should be replaced by general principles on how samples can be combined. Furthermore, to obtain a representative error rate, a minimum random sample for each of the aid schemes and support measures should be provided. To keep the risk-based approach for checks of the greening payment, it is also appropriate to define the selection method for the relevant control samples.

               (11)

               In order to facilitate the implementation of the integrated system and to reduce the time of carrying out controls, the possibility to limit checks concerning area measurement to a random sample of 50 % of the agricultural parcels declared should be extended to also cover checks concerning eligibility.

               (12)

               For the purposes of monitoring the implementation of the checks by monitoring, a notification obligation for Member States should be provided.

               (13)

               Implementing Regulation (EU) No 809/2014 should therefore be amended accordingly.

               (14)

               To allow Member States to use new technologies in their integrated administration and control systems as soon as possible, the new rules on single applications and payment claims and checks should apply as of claim year 2018. This Regulation should therefore enter into force on the day of its publication in the Official Journal of the European Union.

               (15)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct Payments and the Rural Development Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Implementing Regulation (EU) No 809/2014 is amended as follows:

               (1)

               Article 15 is amended as follows:

                           (a)

                           the following paragraph 1b is inserted:
                           ‘1b.   Where checks by monitoring are carried out in accordance with Article 40a, beneficiaries may modify the single application or payment claim regarding the use of individual agricultural parcels provided that the requirements under the direct payment schemes or rural development measures concerned are respected.’;

                           (b)

                           paragraph 2a is replaced by the following:
                           ‘2a.   Modifications following the preliminary checks made in accordance with paragraph 1a shall be notified to the competent authority at the latest nine calendar days after the final date for notification of the results of the preliminary checks referred to in Article 11(4) to the beneficiary.
                           Such notifications shall be made in writing or via the geo-spatial aid application form.’;

                           (c)

                           the following paragraph 2b is inserted:
                           ‘2b.   Modifications made in accordance with paragraph 1b shall be notified to the competent authority by the date fixed by that competent authority. The date shall be at least 15 calendar days before the date when the payment of the first instalment or the advanced payment is to be made to beneficiaries in accordance with Article 75 of Regulation (EU) No 1306/2013.
                           Such notifications shall be made in writing or via the geo-spatial aid application form.’;

                           (d)

                           in paragraph 3, the following second subparagraph is added:
                           ‘For the purposes of the first subparagraph, the obligation provided in point (d) of Article 40a(1) shall not be considered as a notice to the beneficiary of a competent authority's intention to carry out an on-the-spot check.’;

               (2)

               in Article 24, paragraph 4 is replaced by the following:
               ‘4.   The competent authority shall carry out physical inspections in the field in the event that photo-interpretation of satellite or aerial ortho-images or other relevant evidence including evidence provided by the beneficiary at the request of the competent authority do not provide results that would permit definitive conclusions to be drawn to the satisfaction of the competent authority concerning the eligibility or, where applicable, the correct size of the area that is the subject of administrative or on-the-spot checks.’;

               (3)

               in Article 29(1), the following third subparagraph is added:
               ‘Data from applications or concerning applicants found not to be admissible or not eligible for payment as referred to in Article 34(1) shall be used for the purposes of points (a), (c) and (e) of the first subparagraph of this paragraph.’;

               (4)

               in Article 31(1), point (g) is replaced by the following:

                           ‘(g)

                           100 % of all parcels on which an obligation to re-convert land into land under permanent grassland according to Article 42 of Delegated Regulation (EU) No 639/2014 applies;’;

               (5)

               in Article 33a, paragraph 2 is replaced by the following:
               ‘2.   The follow-up on-the-spot check referred to in paragraph 1 shall not be necessary where the over-declaration identified has led to an up-date of the reference parcels concerned in the identification system for agricultural parcels as referred to in Article 5 of Delegated Regulation (EU) No 640/2014 in the year of the finding or where checks by monitoring as referred to in Article 40a of this Regulation are carried out for the aid scheme or support measure in question in the following claim year and allow the competent authority to conclude whether the administrative penalty set out in Article 19a(3) of Delegated Regulation (EU) No 640/2014 shall be applied.’;

               (6)

               Article 34 is amended as follows:

                           (a)

                           paragraphs 1, 2 and 3 are replaced by the following:
                           ‘1.   Applications or applicants found not to be admissible or not eligible for payment at the time of submission or after administrative or on-the-spot checks shall not form part of the control population.”
                           2.   For the purposes of Articles 30 and 31, the sample selection shall ensure that:

                                       (a)

                                       between 1 % and 1,25 % of the control population referred to in points (a) to (f) and (h) of Article 30 and in points (a), (c), (d) and (e) of Article 31(1) shall be selected randomly;

                                       (b)

                                       between 0,6 % and 0,75 % of the control population referred to in point (b) of Article 31(1) shall be selected randomly;

                                       (c)

                                       between 4 % and 5 % of the control population referred to in point (h) of Article 31(1) shall be selected randomly;

                                       (d)

                                       the remaining number of beneficiaries in the control sample referred to in points (a) to (e) and (h) of Article 31(1) shall be selected on the basis of a risk analysis.

                                 For the purposes of Article 31, Member States shall ensure representativeness of the control sample as regards the different practices.
                           The additional beneficiaries to be subject to on-the-spot checks for the purposes of the first subparagraph of Article 31(3) shall be selected on the basis of a risk analysis.
                           3.   For the purposes of Articles 32 and 33, between 20 % and 25 % of the minimum number of beneficiaries to be subject to on-the-spot checks and, where Article 32(2a) applies, 100 % of the collectives and between 20 % and 25 % of the commitments to be subject to on-the-spot checks shall be selected randomly. The remaining number of beneficiaries and commitments to be subject to on-the-spot checks shall be selected on the basis of a risk analysis.
                           For the purposes of Articles 32 and 33, the random part of the sample may also include either the beneficiaries already randomly selected in accordance with points (a), (b) and (c) of paragraph 2 or the additional beneficiaries selected randomly in accordance with the second subparagraph of Article 26(4) or both. The number of such beneficiaries in the control sample shall not go beyond their proportion in the control population.
                           For the purposes of Article 32, Member States may, as a result of the risk analysis, select specific rural development measures which apply to the beneficiaries.’;

                           (b)

                           the following paragraph 4a is inserted:
                           ‘4a.   For the purposes of Articles 30 to 33 and point (c) of Article 40a(1), the same beneficiary may be used to respect several of the minimum control rates concerned provided that the effectiveness of selection of the risk based samples required therein is not affected.
                           The on-the-spot check regarding the selected beneficiaries may be limited to the aid scheme or rural development measure they have been selected for if the minimum control rates of the other aid schemes or support measures they applied for are already respected.’;

                           (c)

                           in paragraph 5, point (b) is replaced by the following:

                                       ‘(b)

                                       by comparing the results as regards the difference between the area declared and the area determined of the risk based and randomly selected sample; or by comparing the results as regards the difference between the animals declared and the animals determined of the risk based and randomly selected sample;’;

               (7)

               Article 38 is amended as follows:

                           (a)

                           paragraph 1 is replaced by the following:
                           ‘1.   The eligibility checks and the actual area measurement of the agricultural parcel as part of an on-the-spot check may be limited to a randomly selected sample of at least 50 % of the agricultural parcels for which an aid application or payment claim has been submitted under the area-related aid schemes or rural development measures. When this sample check reveals any non-compliance, all agricultural parcels shall be measured and be subject to eligibility checks, or conclusions from the sample shall be extrapolated.’;

                           (b)

                           in paragraph 7, the words ‘Article 17(1)(b) of Delegated Regulation (EU) No 640/2014’ are replaced by the words ‘Article 17 of Delegated Regulation (EU) No 640/2014’;

                           (c)

                           in paragraph 8, the words ‘two separate measurements’ are replaced by the words ‘separate measurements’;

               (8)

               in Article 39, paragraph 1 is replaced by the following:
               ‘1.   The eligibility of agricultural parcels shall be verified by any appropriate means, including evidence provided by the beneficiary at the request of the competent authority. That verification shall also include a verification of the crop, where appropriate. To that end, additional proof shall be requested where necessary.’;

               (9)

               in Article 40, point (b) is replaced by the following:

                           ‘(b)

                           carry out physical inspections in the field of all agricultural parcels for which photo interpretation or other relevant evidence requested by the competent authority does not make it possible to verify the accuracy of the declaration of areas to the satisfaction of the competent authority;’;

               (10)

               the following Article 40a is inserted:
               ‘Article 40a
               Checks by monitoring
               1.   Competent authorities may carry out checks by monitoring. Where they elect to do so, they shall:

                           (a)

                           set up a procedure of regular and systematic observation, tracking and assessment of all eligibility criteria, commitments and other obligations which can be monitored by Copernicus Sentinels satellite data or other data with at least equivalent value, over a period of time that allows to conclude on the eligibility of the aid or support requested;

                           (b)

                           carry out, where necessary, and in order to conclude on the eligibility of aid or support requested, appropriate follow-up activities;

                           (c)

                           carry out checks for 5 % of the beneficiaries concerned by eligibility criteria, commitments and other obligations which cannot be monitored by Copernicus Sentinels satellite data or other data with at least equivalent value, and are relevant to conclude on the eligibility of aid or support. Between 1 % and 1,25 % of the beneficiaries shall be selected randomly. The remaining beneficiaries shall be selected on the basis of a risk analysis;

                           (d)

                           inform beneficiaries about the decision to carry out checks by monitoring and set up appropriate tools to communicate with beneficiaries on at least warning alerts and evidence requested for the purposes of points (b) and (c).

                     For the purposes of points (b) and (c), physical inspections in the field shall be carried out when relevant evidence, including evidence provided by the beneficiary at the request of the competent authority, does not allow to conclude on the eligibility of the aid or support requested. Physical inspections in the field may be limited to checks of eligibility criteria, commitments and other obligations that are relevant to conclude on the eligibility of the aid or support requested.
               2.   Where the competent authority carries out checks by monitoring in accordance with paragraph 1, can demonstrate effective operational procedures fulfilling the requirements laid down in Articles 7, 17 and 29 of this Regulation and has proven the quality of the identification system for agricultural parcels as assessed in accordance with Article 6 of Delegated Regulation (EU) No 640/2014:

                           (a)

                           Articles 25, 26, 30, 31, 32, 34, 35, 36, Article 37(2), (3) and (4) and Articles 38 and 40 of this Regulation do not apply;

                           (b)

                           the verification of tetrahydrocannabinol content in hemp growth carried out in accordance with Article 9 of Delegated Regulation (EU) No 639/2014 shall be made for 30 % of the area or 20 % of the area in case the Member State has a system of prior approval in place.

                     3.   The competent authority may decide to apply checks by monitoring at the level of the individual area-related aid scheme or support measure or type of operation or to defined groups of beneficiaries subject to on-the-spot checks for the greening payment, as referred to in points (a) to (h) of Article 31(1).
               In the first two years of application, the competent authority may decide to apply checks by monitoring to beneficiaries of an aid scheme or support measure in areas chosen on the basis of objective and non-discriminatory criteria. In such cases the areas subject to checks by monitoring in the second year of application shall be greater than in the first year of application.
               Where the competent authority decides to carry out checks in accordance with the first or second subparagraph, paragraphs 1 and 2 shall apply only to the beneficiaries subject to checks by monitoring.’;

               (11)

               the following Article 40b is inserted:
               ‘Article 40b
               Notifications
               Member States shall notify the Commission by 1 December of the calendar year preceding the calendar year in which they start carrying out checks by monitoring of their decision to opt for checks by monitoring and indicate the schemes or measures or types of operations and, where relevant, the areas of such schemes or measures subject to checks by monitoring and the criteria used to select them.
               However, where the competent authority has decided to carry out checks by monitoring as from claim year 2018, the notification shall be made within one month after the entry into force of this Regulation in the Official Journal of the European Union.’;

               (12)

               Article 41 is amended as follows:

                           (a)

                           in paragraph 1, the following second subparagraph is added:
                           ‘Where checks by monitoring are carried out in accordance with Article 40a, points (b) to (e) of the first subparagraph shall not apply. The control report shall indicate the results of the checks by monitoring at parcel level.’;

                           (b)

                           in paragraph 2, the third subparagraph is replaced by the following:
                           ‘Where the on-the-spot check is carried out by means of remote sensing in accordance with Article 40 or by means of monitoring in accordance with Article 40a, the Member States may decide not to give the beneficiary the opportunity to sign the control report if no non-compliance is revealed during the check by remote-sensing or by monitoring. If any non-compliance is revealed as a consequence of such checks or by monitoring, the opportunity to sign the report shall be given before the competent authority draws its conclusions from the findings with regard to any resulting reductions, refusals, withdrawals or administrative penalties.’;

               (13)

               in Article 70, paragraph 3 is replaced by the following:
               ‘3.   Where appropriate, the on-the-spot checks may be carried out by applying remote-sensing techniques or by using Copernicus Sentinels satellite data or other data with at least equivalent value.’.

         Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2018.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 May 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 347, 20.12.2013, p. 549.

      (2)  Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69).

      (3)  Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance (OJ L 181, 20.6.2014, p. 48).


title: Council Implementing Regulation (EU) 2018/827 of 4 June 2018 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran

text:
               6.6.2018

               EN

               Official Journal of the European Union

               L 140/3

         COUNCIL IMPLEMENTING REGULATION (EU) 2018/827
   of 4 June 2018
   implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (1), and in particular Article 46(2) thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 23 March 2012 the Council adopted Regulation (EU) No 267/2012.

               (2)

               In accordance with Article 46(7) of Regulation (EU) No 267/2012, the Council has reviewed the list of designated persons and entities set out in Annexes IX and XIV to that Regulation.

               (3)

               The Council has concluded that the entries concerning certain persons and entities included in Annex IX to Regulation (EU) No 267/2012 should be updated.

               (4)

               Regulation (EU) No 267/2012 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex IX to Regulation (EU) No 267/2012 is amended as 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.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Luxembourg, 4 June 2018.

            For the Council

            The President

         T. TSACHEVA

      (1)  OJ L 88, 24.3.2012, p. 1.

      ANNEX
      Annex IX to Regulation (EU) No 267/2012 is amended as follows:

                  (1)

                  under the heading ‘I. Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran’, the following entries replace the corresponding entries in the list set out under the subheading ‘B. Entities’:

                              Name

                              Identifying information

                              Reasons

                              Date of listing

                              ‘42.(g)

                              Shetab Gaman (a.k.a. Taamin Gostaran Pishgaman Azar)

                              Address: Norouzi Alley, No 2, Larestan Street, Motahari Avenue, Tehran

                              Acting on behalf of Yasa Part.

                              26.7.2010

                              49.

                              Noavaran Pooyamoj (a.k.a. Noavaran Tejarat Paya, Bastan Tejerat Mabna, Behdis Tejarat (or Bazarganis Behdis Tejarat Alborz Company or Behdis Tejarat General Trading Company), Fanavaran Mojpooya, Faramoj Company (or Tosee Danesh Fanavari Faramoj), Green Emirate Paya, Mehbang Sana, Mohandesi Hedayat Control Paya, Pooya Wave Company, Towsee Fanavari Boshra)

                              Involved in procurement of materials that are controlled and have direct application in the manufacture of centrifuges for Iran's uranium enrichment programme.

                              23.5.2011

                              55.

                              Ashtian Tablo

                              Ashtian Tablo - No 67, Ghods mirheydari St, Yoosefabad, Tehran

                              Involved in the production and supply of specialist electrical equipment and materials that have a direct application in the Iranian nuclear sector.

                              23.5.2011’

                  (2)

                  under the heading ‘II. Iranian Revolutionary Guard Corps (IRGC)’, the following entries replace the corresponding entries in the list set out under the subheading ‘A. Persons’:

                              Name

                              Identifying information

                              Reasons

                              Date of listing

                              ‘1.

                              IRGC Brigadier-General Javad DARVISH-VAND

                              Former MODAFL Deputy for Inspection, responsible for all MODAFL facilities and installations, who remains associated with, including through the provision of services to, MODAFL and the IRGC.

                              23.6.2008

                              8.

                              IRGC Brigadier-General Mohammad Reza NAQDI

                              Born in 1953, Nadjaf (Iraq)

                              Deputy Commander of IRGC for Cultural and Social Affairs. Former Commander of Basij Resistance Force.

                              26.7.2010

                              10.

                              Rostam QASEMI (a.k.a. Rostam GHASEMI)

                              Born in 1961

                              Former Commander of Khatam al-Anbiya.

                              26.7.2010

                              19.

                              IRGC Brigadier-General Amir Ali Haji ZADEH (a.k.a. Amir Ali HAJIZADEH)

                              IRGC Aerospace Force Commander.

                              23.1.2012’