title: Commission Implementing Regulation (EU) 2018/1580 of 19 October 2018 amending Implementing Regulation (EU) 2015/2197 laying down implementing technical standards with regard to closely correlated currencies in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council (Text with EEA relevance.)

text:
                  22.10.2018

                  EN

                  Official Journal of the European Union

                  L 263/53

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1580
         of 19 October 2018
         amending Implementing Regulation (EU) 2015/2197 laying down implementing technical standards with regard to closely correlated currencies in accordance with Regulation (EU) No 575/2013 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 Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (1) and in particular Article 354(3) thereof,
         Whereas:

                     (1)

                     In order to ensure that the currency pairs referred to in the Annex to Commission Implementing Regulation (EU) 2015/2197 (2) continue to reflect the actual correlation between the relevant currencies, it is necessary to update the list of closely correlated currencies.

                     (2)

                     The list uses 31 March 2017 as the end date for the purpose of computing the three and five year data series required to assess the currency pairs in accordance with Regulation (EU) No 575/2013.

                     (3)

                     This Regulation is based on the draft implementing technical standards submitted by the European Banking Authority (EBA) to the Commission.

                     (4)

                     Given that the necessary amendments to Implementing Regulation (EU) 2015/2197 do not involve significant changes in substantive terms, in accordance with the second subparagraph of Article 15(1) of Regulation (EU) No 1093/2010 (3), EBA has not conducted an open public consultation, considering that it would be disproportionate in relation to the scope and impact of the draft implementing technical standards concerned.

                     (5)

                     Implementing Regulation (EU) 2015/2197 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Subject matter
            The Annex to Implementing Regulation (EU) 2015/2197 is replaced by the text as set out in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 19 October 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 176, 27.6.2013, p. 1.

            (2)  Commission Implementing Regulation (EU) 2015/2197 of 27 November 2015 laying down implementing technical standards with regard to closely correlated currencies in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 313, 28.11.2015, p. 30).

            (3)  Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).

            ANNEX
            List of closely correlated currencies

               Part 1- List of closely correlated currencies against the Euro (EUR)

            Albanian Lek (ALL), Bosnia and Herzegovina Mark (BAM), Bulgarian Lev (BGN), Czech Koruna (CZK), Croatian Kuna (HRK), Hungarian Forint (HUF), Moroccan Dirham (MAD), Romanian Leu (RON), Serbian Dinar (RSD).

               Part 2- List of closely correlated currencies against the Arab Emirates Dirham (AED)

            Chinese Yuan (CNY), Hong Kong Dollar (HKD), Lebanese Pound (LBP), Macau Pataca (MOP), Philippine Peso (PHP), Singapore Dollar (SGD), Thai Baht (THB), Taiwanese Dollar (TWD), US Dollar (USD).

               Part 3- List of closely correlated currencies against the Albanian Lek (ALL)

            Bosnia and Herzegovina Mark (BAM), Bulgarian Lev (BGN), Czech Koruna (CZK), Danish Krone (DKK), Croatian Kuna (HRK), Moroccan Dirham (MAD), Romanian Leu (RON), Serbian Dinar (RSD), Euro (EUR).

               Part 4- List of closely correlated currencies against the Bosnia and Herzegovina Mark (BAM)

            Albanian Lek (ALL), Bulgarian Lev (BGN), Czech Koruna (CZK), Danish Krone (DKK), Croatian Kuna (HRK), Hungarian Forint (HUF), Moroccan Dirham (MAD), Romanian Leu (RON), Serbian Dinar (RSD), Euro (EUR).

               Part 5- List of closely correlated currencies against the Bulgarian Lev (BGN)

            Albanian Lek (ALL), Bosnia and Herzegovina Mark (BAM), Czech Koruna (CZK), Danish Krone (DKK), Croatian Kuna (HRK), Hungarian Forint (HUF), Moroccan Dirham (MAD), Romanian Leu (RON), Serbian Dinar (RSD), Euro (EUR).

               Part 6- List of closely correlated currencies against the Chinese Yuan (CNY)

            Arab Emirates Dirham (AED), Hong Kong Dollar (HKD), Lebanese Pound (LBP), Macau Pataca (MOP), Philippine Peso (PHP), Singapore Dollar (SGD), Thai Baht (THB), Taiwanese Dollar (TWD), US Dollar (USD).

               Part 7- List of closely correlated currencies against the Czech Koruna (CZK)

            Albanian Lek (ALL), Bosnia and Herzegovina Mark (BAM), Bulgarian Lev (BGN), Danish Krone (DKK), Croatian Kuna (HRK), Moroccan Dirham (MAD), FYROM Denar (MKD), Romanian Leu (RON), Serbian Dinar (RSD), Euro (EUR).

               Part 8- List of closely correlated currencies against the Danish Krone (DKK)

            Albanian Lek (ALL), Bosnia and Herzegovina Mark (BAM), Bulgarian Lev (BGN), Czech Koruna (CZK), Croatian Kuna (HRK), Hungarian Forint (HUF), Moroccan Dirham (MAD), Romanian Leu (RON), Serbian Dinar (RSD).

               Part 9- List of closely correlated currencies against the Hong Kong Dollar (HKD)

            Arab Emirates Dirham (AED), Chinese Yuan (CNY), Lebanese Pound (LBP), Macau Pataca (MOP), Philippine Peso (PHP), Singapore Dollar (SGD), Thai Baht (THB), Taiwanese Dollar (TWD), US Dollar (USD).

               Part 10- List of closely correlated currencies against the Croatian Kuna (HRK)

            Albanian Lek (ALL), Bosnia and Herzegovina Mark (BAM), Bulgarian Lev (BGN), Czech Koruna (CZK), Danish Krone (DKK), Hungarian Forint (HUF), Moroccan Dirham (MAD), Romanian Leu (RON), Serbian Dinar (RSD), Euro (EUR).

               Part 11- List of closely correlated currencies against the Hungarian Forint (HUF)

            Bosnia and Herzegovina Mark (BAM), Bulgarian Lev (BGN), Danish Krone (DKK), Croatian Kuna (HRK), Moroccan Dirham (MAD), Polish Zloty (PLN), Romanian Leu (RON), Serbian Dinar (RSD), Euro (EUR).

               Part 12- List of closely correlated currencies against the Israeli New Shekel (ILS)

            Moroccan Dirham (MAD), Thai Baht (THB).

               Part 13- List of closely correlated currencies against the Indian Rupee (INR)

            Thai Baht (THB).

               Part 14- List of closely correlated currencies against the South Korean Won (KRW)

            Singapore Dollar (SGD).

               Part 15- List of closely correlated currencies against the Lebanese Pound (LBP)

            Arab Emirates Dirham (AED), Chinese Yuan (CNY), Hong Kong Dollar (HKD), Macau Pataca (MOP), Philippine Peso (PHP), Singapore Dollar (SGD), Thai Baht (THB), Taiwanese Dollar (TWD), US Dollar (USD).

               Part 16- List of closely correlated currencies against the Moroccan Dirham (MAD)

            Albanian Lek (ALL), Bosnia and Herzegovina Mark (BAM), Bulgarian Lev (BGN), Czech Koruna (CZK), Danish Krone (DKK), Croatian Kuna (HRK), Hungarian Forint (HUF), Israeli New Shekel (ILS), Romanian Leu (RON), Serbian Dinar (RSD), Singapore Dollar (SGD), Euro (EUR).

               Part 17- List of closely correlated currencies against the former Yugoslav Republic of Macedonia Denar (MKD)

            Czech Koruna (CZK).

               Part 18- List of closely correlated currencies against the Macau Pataca (MOP)

            Arab Emirates Dirham (AED), Chinese Yuan (CNY), Hong Kong Dollar (HKD), Lebanese Pound (LBP), Philippine Peso (PHP), Singapore Dollar (SGD), Thai Baht (THB), Taiwanese Dollar (TWD), US Dollar (USD).

               Part 19- List of closely correlated currencies against the Philippine Peso (PHP)

            Arab Emirates Dirham (AED), Chinese Yuan (CNY), Hong Kong Dollar (HKD), Lebanese Pound (LBP), Macau Pataca (MOP), Singapore Dollar (SGD), Thai Baht (THB), Taiwanese Dollar (TWD), US Dollar (USD).

               Part 20- List of closely correlated currencies against the Polish Zloty (PLN)

            Hungarian Forint (HUF).

               Part 21- List of closely correlated currencies against the Romanian Leu (RON)

            Albanian Lek (ALL), Bosnia and Herzegovina Mark (BAM), Bulgarian Lev (BGN), Czech Koruna (CZK), Danish Krone (DKK), Croatian Kuna (HRK), Hungarian Forint (HUF), Moroccan Dirham (MAD), Serbian Dinar (RSD), Euro (EUR).

               Part 22- List of closely correlated currencies against the Serbian Dinar (RSD)

            Albanian Lek (ALL), Bosnia and Herzegovina Mark (BAM), Bulgarian Lev (BGN), Czech Koruna (CZK), Danish Krone (DKK), Croatian Kuna (HRK), Hungarian Forint (HUF), Moroccan Dirham (MAD), Romanian Leu (RON), Euro (EUR).

               Part 23- List of closely correlated currencies against the Singapore Dollar (SGD)

            Arab Emirates Dirham (AED), Chinese Yuan (CNY), Hong Kong Dollar (HKD), South Korean Won (KRW), Lebanese Pound (LBP), Moroccan Dirham (MAD), Macau Pataca (MOP), Philippine Peso (PHP), Thai Baht (THB), Taiwanese Dollar (TWD), US Dollar (USD).

               Part 24- List of closely correlated currencies against the Thai Baht (THB)

            Arab Emirates Dirham (AED), Chinese Yuan (CNY), Hong Kong Dollar (HKD), Israeli New Shekel (ILS), Indian Rupee (INR), Lebanese Pound (LBP), Macau Pataca (MOP), Philippine Peso (PHP), Singapore Dollar (SGD), Taiwanese Dollar (TWD), US Dollar (USD).

               Part 25- List of closely correlated currencies against the Taiwanese Dollar (TWD)

            Arab Emirates Dirham (AED), Chinese Yuan (CNY), Hong Kong Dollar (HKD), Lebanese Pound (LBP), Macau Pataca (MOP), Philippine Peso (PHP), Singapore Dollar (SGD), Thai Baht (THB), US Dollar (USD).

               Part 26- List of closely correlated currencies against the US Dollar (USD)

            Arab Emirates Dirham (AED), Chinese Yuan (CNY), Hong Kong Dollar (HKD), Lebanese Pound (LBP), Macau Pataca (MOP), Philippine Peso (PHP), Singapore Dollar (SGD), Thai Baht (THB), Taiwanese Dollar (TWD).


title: Commission Implementing Regulation (EU) 2018/1980 of 13 December 2018 amending Implementing Regulation (EU) 2017/2325 as regards the terms of authorisation of preparations of lecithins liquid, lecithins hydrolysed and lecithins de-oiled as feed additives for all animal species (Text with EEA relevance.)

text:
                  14.12.2018

                  EN

                  Official Journal of the European Union

                  L 317/12

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1980
         of 13 December 2018
         amending Implementing Regulation (EU) 2017/2325 as regards the terms of authorisation of preparations of lecithins liquid, lecithins hydrolysed and lecithins de-oiled as feed additives for all animal species
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 13(3) thereof,
         Whereas:

                     (1)

                     Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

                     (2)

                     The uses of the preparations of lecithins liquid, lecithins hydrolysed and lecithins de-oiled as feed additives were authorised as feed additives for all animal species by Commission Implementing Regulation (EU) 2017/2325 (2).

                     (3)

                     In accordance with Article 13(3) of Regulation (EC) No 1831/2003, the applicant proposed changing the terms of authorisation of the preparations by submitting an application to align the specifications of lecithins as feed additives to the specifications set for lecithins when used as food additives and to extend the authorisation to the use of rapeseed as an additional source of lecithins hydrolysed and lecithins de-oiled. The application was accompanied by the relevant supporting data. The Commission forwarded the application to the European Food Safety Authority (hereinafter ‘the Authority’).

                     (4)

                     The Authority concluded in its opinion of 12 June 2018 (3) that all the lecithins of different botanical origin and their forms used as feed additive meet the specifications set for the use of lecithins as food additive and that the use of rapeseed as an additional source of lecithins does not modify the previous conclusions that the lecithins do not have an adverse effect on animal health, human health or the environment and that they are efficacious as emulsifier. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

                     (5)

                     The assessment of the proposed modifications to the authorisation shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied.

                     (6)

                     Implementing Regulation (EU) 2017/2325 should therefore be amended accordingly.

                     (7)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Implementing Regulation (EU) 2017/2325 is replaced by the Annex to this Regulation.

            Article 2
            Transitional measures

               1.   The additives 1c322i, 1c322ii and 1c322iii and premixtures containing those additives which are produced and labelled before 2 July 2019 in accordance with the rules applicable before 2 January 2019 may continue to be placed on the market and used until the existing stocks are exhausted.

               2.   Compound feed and feed materials containing the additives as specified in Annex I which are produced and labelled before 2 January 2020 in accordance with the rules applicable before 2 January 2019 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for food-producing animals.

               3.   Compound feed and feed materials containing the additives as specified in Annex I which are produced and labelled before 2 January 2021 in accordance with the rules applicable before 2 January 2019 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for non-food-producing animals.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 13 December 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 268, 18.10.2003, p. 29.

            (2)  Commission Implementing Regulation (EU) 2017/2325 of 14 December 2017 concerning the authorisation of preparations of lecithins liquid, lecithins hydrolysed and lecithins de-oiled as feed additives for all animal species and amending Implementing Regulation (EU) 2017/1007 (OJ L 333, 15.12.2017, p. 17).

            (3)  EFSA Journal 2018; 16(6):5334.

            ANNEX

                     ‘ANNEX I

                                 Identification number of the additive

                                 Name of the holder of authorisation

                                 Additive

                                 Composition, chemical formula, description, analytical method

                                 Species or category of animal

                                 Maximum age

                                 Minimum content

                                 Maximum content

                                 Other provisions

                                 End of period of authorisation

                                 mg of lecithins/kg of complete feedingstuff with a moisture content of 12 %

                                    Category of technological additives. Functional group: emulsifiers

                                 1c322i

                                 —

                                 Lecithins

                                    Additive composition

                                 Preparations of:

                                             —

                                             lecithins and hydrolysed lecithins in liquid (plastic to fluid) form;

                                             —

                                             de-oiled lecithins and de-oiled hydrolysed lecithins in solid form.

                                    Characterisation of the active substance

                                 Lecithins, hydrolysed lecithins, de-oiled lecithins and de-oiled hydrolysed lecithins derived from soybean, sunflower or rapeseed:
                                 CAS no. 8002-43-5;

                                    Assay:

                                             —

                                             Lecithins, de-oiled lecithins: not less than 60,0 % of substances insoluble in acetone;

                                             —

                                             hydrolysed lecithins and de-oiled hydrolysed lecithins: not less than 56,0 % substances insoluble in acetone.

                                       Loss on drying: not more than 2 % (105 °C, 1 hour)
                                 Toluene-insoluble matter: not more than 0,3 %

                                    Acid value:

                                             —

                                             Lecithins, de-oiled lecithins not more than 35 mg of potassium hydroxide per gram;

                                             —

                                             hydrolysed lecithins and de-oiled hydrolysed lecithins: not more than 45 mg of potassium hydroxide per gram

                                       Peroxide value: equal to or less than 10

                                    Analytical method
                                     (1)

                                 For the characterisation of feed additive:
                                 Commission Regulation (EU) No 231/2012 (2) and the corresponding tests in the FAO JECFA monograph ‘Lecithin’ (3)
                                     (4)

                                 All animal species

                                 —

                                 —

                                 —

                                 In the label of feed additive and premixures the form(s) used shall be indicated

                                 6 July 2027

               ’

               (1)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports

               (2)  Commission Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (OJ L 83, 22.3.2012, p. 1).

               (3)  FAO JECFA Combined Compendium of Food Additive Specifications, ‘Lecithin’, Monograph No 4 (2007), http://www.fao.org/fileadmin/user_upload/jecfa_additives/docs/monograph4/additive-250-m4.pdf

               (4)  FAO JECFA Combined Compendium for Food Additive Specifications — Analytical methods, test procedures and laboratory solutions used by and referenced in the food additive specifications, Vol. 4, http://www.fao.org/docrep/009/a0691e/a0691e00.htm


title: Commission Implementing Regulation (EU) 2018/1978 of 10 December 2018 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Cidre de Bretagne’/‘Cidre breton’ (PGI))

text:
                  14.12.2018

                  EN

                  Official Journal of the European Union

                  L 317/9

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1978
         of 10 December 2018
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Cidre de Bretagne’/‘Cidre breton’ (PGI))
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
         Whereas:

                     (1)

                     Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France's application for the approval of amendments to the specification for the protected geographical indication ‘Cidre de Bretagne’/‘Cidre breton’, registered under Commission Regulation (EC) No 2446/2000 (2).

                     (2)

                     Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation.

                     (3)

                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Cidre de Bretagne’/‘Cidre breton’ (PGI) are hereby approved.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 10 December 2018.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

            (1)  OJ L 343, 14.12.2012, p. 1.

            (2)  Commission Regulation (EC) No 2446/2000 of 6 November 2000 supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the Register of protected designations of origin and protected geographical indications provided for in Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 281, 7.11.2000, p. 2).

            (3)  OJ C 222, 26.6.2018, p. 20.


title: Commission Implementing Regulation (EU) 2018/1979 of 13 December 2018 setting the weighted average of maximum mobile termination rates across the Union and repealing Implementing Regulation (EU) 2017/2311 (Text with EEA relevance.)

text:
                  14.12.2018

                  EN

                  Official Journal of the European Union

                  L 317/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1979
         of 13 December 2018
         setting the weighted average of maximum mobile termination rates across the Union and repealing Implementing Regulation (EU) 2017/2311
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union (1), and in particular Article 6e(2) thereof,
         Whereas:

                     (1)

                     In accordance with Regulation (EU) No 531/2012, from 15 June 2017 domestic providers should not levy any surcharge, in addition to the domestic retail price on roaming customers, in any Member State for any regulated roaming call received, where those calls are within the limits allowed by fair use policy.

                     (2)

                     Regulation (EU) No 531/2012 limits any surcharge applied for receiving regulated roaming calls to the weighted average of maximum mobile termination rates across the Union.

                     (3)

                     Commission Implementing Regulation (EU) 2017/2311 (2) set out the weighted average of maximum mobile termination rates across the Union to be applied in 2018 on the basis of the values of the data of 1 July 2017.

                     (4)

                     The Body of European Regulators for Electronic Communications has provided the Commission with updated information gathered from Member States' national regulatory authorities on the maximum level of mobile termination rates imposed, in accordance with Articles 7 and 16 of Directive 2002/21/EC of the European Parliament and of the Council (3) and Article 13 of Directive 2002/19/EC of the European Parliament and of the Council (4), in each national market for wholesale voice call termination on individual mobile networks, and on the total number of subscribers in the Member States.

                     (5)

                     Pursuant to Regulation (EU) No 531/2012, the Commission has calculated the weighted average of the maximum mobile termination rates across the Union by multiplying the maximum mobile termination rate permitted in a given Member State by the total number of subscribers in that Member State, summing that product over all Member States and then dividing the total obtained by the total number of subscribers in all Member States, on the basis of the values of the data of 1 July 2018. For non-euro Member States, the relevant exchange rate is the average for the second quarter of 2018 obtained from the European Central Bank's database.

                     (6)

                     It is therefore necessary to update the value of the weighted average of maximum mobile termination rates across the Union laid down in Implementing Regulation (EU) 2017/2311.

                     (7)

                     Implementing Regulation (EU) 2017/2311 should therefore be repealed.

                     (8)

                     Pursuant to Regulation (EU) No 531/2012 the Commission is to review the weighted average of maximum mobile termination rates across the Union annually.

                     (9)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The weighted average of maximum mobile termination rates across the Union is set at EUR 0,0085 per minute.

            Article 2
            Implementing Regulation (EU) 2017/2311 is repealed.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 13 December 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 172, 30.6.2012, p. 10.

            (2)  Commission Implementing Regulation (EU) 2017/2311 of 13 December 2017 setting out the weighted average of maximum mobile termination rates across the Union and repealing Implementing Regulation (EU) 2016/2292 (OJ L 331, 14.12.2017, p. 39).

            (3)  Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33).

            (4)  Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ L 108, 24.4.2002, p. 7).


title: Commission Implementing Regulation (EU) 2018/1981 of 13 December 2018 renewing the approval of the active substances copper compounds, as candidates for substitution, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance.)

text:
                  14.12.2018

                  EN

                  Official Journal of the European Union

                  L 317/16

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1981
         of 13 December 2018
         renewing the approval of the active substances copper compounds, as candidates for substitution, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 24 in conjunction with Article 20(1) thereof,
         Whereas:

                     (1)

                     Commission Directive 2009/37/EC (2) included copper compounds as active substances in Annex I to Council Directive 91/414/EEC (3).

                     (2)

                     Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4).

                     (3)

                     The approval of the active substances copper compounds, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 31 January 2019.

                     (4)

                     An application for the renewal of the approval of copper compounds was submitted in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) within the time period provided for in that Article.

                     (5)

                     The applicant submitted the supplementary dossiers required in accordance with Article 6 of Implementing Regulation (EU) No 844/2012. The application was found to be complete by the rapporteur Member State.

                     (6)

                     The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (‘the Authority’) and the Commission on 16 December 2016.

                     (7)

                     The Authority communicated the renewal assessment report to the applicant and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.

                     (8)

                     On 20 December 2017 the Authority communicated to the Commission its conclusions (6) on whether copper compounds can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented the draft renewal report for copper compounds to the Standing Committee on Plants, Animals, Food and Feed on 25 May 2018.

                     (9)

                     The applicant was given the opportunity to submit comments on the draft renewal report.

                     (10)

                     It has been established with respect to one or more representative uses of at least one product for each of the copper compounds that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied. It is therefore appropriate to renew the approval of copper compounds.

                     (11)

                     The risk assessment for the renewal of the approval of copper compounds is based on a limited number of representative uses, which however do not restrict the uses for which plant protection products containing copper compounds may be authorised. It is therefore appropriate to remove the restriction for use only as fungicide and bactericide.

                     (12)

                     The Commission, however, considers that copper compounds are candidates for substitution pursuant to Article 24 of Regulation (EC) No 1107/2009. Copper compounds are persistent and toxic substances in accordance with points 3.7.2.1 and 3.7.2.3, respectively, of Annex II to Regulation (EC) No 1107/2009, given that the half-life in soil is greater than 120 days and the long-term no-observed effect concentration for aquatic organisms is less than 0,01 mg/L. Copper compounds therefore fulfil the condition set in the second indent of point 4 of Annex II to Regulation (EC) No 1107/2009.

                     (13)

                     It is therefore appropriate to renew the approval of copper compounds as candidates for substitution pursuant to Article 24 of Regulation (EC) No 1107/2009.

                     (14)

                     In accordance with Article 14(1) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof, and, in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions.

                     (15)

                     It is, in particular, appropriate to restrict the use of plant protection products containing copper compounds to a maximum application rate of 28 kg/ha of copper over a period of 7 years (i.e. on average 4 kg/ha/year) in order to minimise the potential accumulation in soil and the exposure for not target organisms, while taking into account agro-climatic conditions occurring periodically in Member States leading to an increase of the fungal pressure. When authorising products Member States should pay attention to certain issues and strive for the minimisation of application rates.

                     (16)

                     It is also appropriate to limit the maximum content of certain impurities of toxicological concern.

                     (17)

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

                     (18)

                     Commission Implementing Regulation (EU) 2018/84 (7) extended the approval period of copper compounds to 31 January 2019 in order to allow the renewal process to be completed before the expiry of the approval of these substances. However, given that a decision on renewal has been taken ahead of this extended expiry date, this Regulation should apply from 1 January 2019.

                     (19)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Renewal of the approval of the active substances as candidates for substitution
            The approval of the active substances copper compounds, as a candidate for substitution, is renewed as set out in Annex I.

            Article 2
            Amendments to Implementing Regulation (EU) No 540/2011
            The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

            Article 3
            Entry into force and date of application
            This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
            It shall apply from 1 January 2019.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 13 December 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Commission Directive 2009/37/EC of 23 April 2009 amending Council Directive 91/414/EEC to include chlormequat, copper compounds, propaquizafop, quizalofop-P, teflubenzuron and zeta-permethrin as active substances (OJ L 104, 24.4.2009, p. 23).

            (3)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

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

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

            (6)  EFSA (European Food Safety Authority), 2018. Conclusion on the peer review of the pesticide risk assessment of the active substance copper compounds EFSA Journal 2018;16(1):5152.

            (7)  Commission Implementing Regulation (EU) 2018/84 of 19 January 2018 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances chlorpyrifos, chlorpyrifos-methyl, clothianidin, copper compounds, dimoxystrobin, mancozeb, mecoprop-p, metiram, oxamyl, pethoxamid, propiconazole, propineb, propyzamide, pyraclostrobin and zoxamide (OJ L 16, 20.1.2018, p. 8).

            ANNEX I

                        Common Name, Identification Numbers

                        IUPAC Name

                        Purity (1)

                        Date of approval

                        Expiration of approval

                        Specific provisions

                        Copper compounds:

                        1 January 2019

                        31 December 2025

                        Only uses resulting in a total application of maximum 28 kg of copper per hectare over a period of 7 years shall be authorised.
                        For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council, the conclusions of the review report on copper compounds and in particular Appendices I and II thereto, shall be taken into account.
                        In their overall assessment Member States shall pay particular attention to:

                                    —

                                    the operator, worker and bystander safety and ensure that conditions of use prescribe the application of adequate personal protective equipment and other mitigation measures as appropriate;

                                    —

                                    the protection of water and non-target organisms. In relation to these identified risks, risk mitigation measures, such as buffer zones, shall be applied where appropriate;

                                    —

                                    the amount of active substance applied and ensure that the authorised amounts, in terms of rates and number of applications, do not exceed the minimum necessary to achieve the desired effects and do not cause any unacceptable effect on the environment taking into account background levels of copper at the application site, and, where the information is available, copper input from other sources. Member States may in particular decide to set a maximum annual application rate not exceeding 4 kg/ha of copper.

                        Copper hydroxide CAS No 20427-59-2 CIPAC No 44.305

                        Copper (II) hydroxide

                        ≥ 573 g/kg

                        Copper oxychloride CAS No 1332-65-6 or 1332-40-7 CIPAC No 44.602

                        Dicopper chloride trihydroxide

                        ≥ 550 g/kg

                        Copper oxide CAS No 1317-39-1 CIPAC No 44.603

                        Copper oxide

                        ≥ 820 g/kg

                        Bordeaux mixture CAS No 8011-63-0 CIPAC No 44.604

                        Not allocated

                        ≥ 245 g/kg

                        Tribasic copper sulphate CAS No 12527-76-3 CIPAC No 44.306

                        Not allocated

                        ≥ 490 g/kg
                        The following impurities shall not exceed the following levels:

                                    Arsenic max. 0,1 mg/g Cu

                                    Cadmium max. 0,1 mg/g Cu

                                    Lead max. 0,3 mg/g Cu

                                    Nickel max. 1 mg/g Cu

                                    Cobalt max. 3 mg/kg

                                    Mercury max. 5 mg/kg

                                    Chromium max. 100 mg/kg

                                    Antimony max. 7 mg/kg

               (1)  Further details on identity and specification of active substance are provided in the review report.

            ANNEX II
            The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

                        (1)

                        in Part A, entry 277 on copper compounds is deleted;

                        (2)

                        in Part E, the following entry is added:

                                    No.

                                    Common Name, Identification Numbers

                                    IUPAC Name

                                    Purity (1)

                                    Date of approval

                                    Expiration of approval

                                    Specific provisions

                                    ‘10

                                    Copper compounds:

                                    1 January 2019

                                    31 December 2025

                                    Only uses resulting in a total application of maximum 28 kg of copper per hectare over a period of 7 years shall be authorised.
                                    For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council, the conclusions of the review report on copper compounds and in particular Appendices I and II thereto, shall be taken into account.
                                    In their overall assessment Member States shall pay particular attention to:

                                                —

                                                the operator, worker and bystander safety and ensure that conditions of use prescribe the application of adequate personal protective equipment and other mitigation measures as appropriate;

                                                —

                                                the protection of water and non-target organisms. In relation to these identified risks, risk mitigation measures, such as buffer zones, shall be applied where appropriate;

                                                —

                                                the amount of active substance applied and ensure that the authorised amounts, in terms of rates and number of applications, do not exceed the minimum necessary to achieve the desired effects and do not cause any unacceptable effect on the environment taking into account background levels of copper at the application site, and, where the information is available, copper input from other sources. Member States may in particular decide to set a maximum annual application rate not exceeding 4 kg/ha of copper.’

                                    Copper hydroxide CAS No 20427-59-2 CIPAC No 44.305

                                    Copper (II) hydroxide

                                    ≥ 573 g/kg

                                    Copper oxychloride CAS No 1332-65-6 or 1332-40-7 CIPAC No 44.602

                                    Dicopper chloride trihydroxide

                                    ≥ 550 g/kg

                                    Copper oxide CAS No 1317-39-1 CIPAC No 44.603

                                    Copper oxide

                                    ≥ 820 g/kg

                                    Bordeaux mixture CAS No 8011-63-0 CIPAC No 44.604

                                    Not allocated

                                    ≥ 245 g/kg

                                    Tribasic copper sulphate CAS No 12527-76-3 CIPAC No 44.306

                                    Not allocated

                                    ≥ 490 g/kg
                                    The following impurities shall not exceed the following levels:

                                                Arsenic max. 0,1 mg/g Cu

                                                Cadmium max. 0,1 mg/g Cu

                                                Lead max. 0,3 mg/g Cu

                                                Nickel max. 1 mg/g Cu

                                                Cobalt max. 3 mg/kg

                                                Mercury max. 5 mg/kg

                                                Chromium max. 100 mg/kg

                                                Antimony max. 7 mg/kg

               (1)  Further details on identity and specification of active substance are provided in the review report.


title: Commission Implementing Regulation (EU) 2018/1982 of 13 December 2018 on the minimum selling price for skimmed milk powder for the 29th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080

text:
                  14.12.2018

                  EN

                  Official Journal of the European Union

                  L 317/21

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1982
         of 13 December 2018
         on the minimum selling price for skimmed milk powder for the 29th 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 29th 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 29th 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 11 December 2018, the minimum selling price shall be 145,10 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, 13 December 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: Council Implementing Regulation (EU) 2019/92 of 21 January 2019 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

text:
                  22.1.2019

                  EN

                  Official Journal of the European Union

                  L 19/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2019/92
         of 21 January 2019
         implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
         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 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1), and in particular Article 14(1) and (3) thereof,
         Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 17 March 2014, the Council adopted Regulation (EU) No 269/2014.

                     (2)

                     Following the death of a designated person, the Council considers that the entry for this person should be deleted from Annex I to Regulation (EU) No 269/2014.

                     (3)

                     Annex I to Regulation (EU) No 269/2014 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EU) No 269/2014 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 Brussels, 21 January 2019.

                  For the Council

                  The President

               F. MOGHERINI

            (1)  OJ L 78, 17.3.2014, p. 6.

            ANNEX
            The entry concerning the following person is deleted from the list set out in the Annex I to Regulation (EU) No 269/2014:

                           ‘150.

                           Iosif (Joseph) Davydovich KOBZON’


title: Council Implementing Regulation (EU) 2019/93 of 21 January 2019 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea

text:
                  22.1.2019

                  EN

                  Official Journal of the European Union

                  L 19/3

         COUNCIL IMPLEMENTING REGULATION (EU) 2019/93
         of 21 January 2019
         implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007 (1), and in particular Article 47(2) thereof,
         Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 30 August 2017, the Council adopted Regulation (EU) 2017/1509.

                     (2)

                     Two natural persons designated in Annex XV to Regulation (EU) 2017/1509 are deceased, and their entries should be removed from that Annex.

                     (3)

                     Annex XV to Regulation (EU) 2017/1509 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex XV to Regulation (EU) 2017/1509 is amended as set out in the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the date 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, 21 January 2019.

                  For the Council

                  The President

               F. MOGHERINI

            (1)  OJ L 224 31.8.2017, p. 1.

            ANNEX
            In Regulation (EU) 2017/1509, Annex XV, Part (a), the following entries are removed:

                        2.

                        CHU Kyu-Chang (D.O.B. 25.11.1928)

                        4.

                        KIM Yong-chun (D.O.B. 4.3.1935).


title: Commission Implementing Regulation (EU) 2019/261 of 14 February 2019 amending Implementing Regulation (EU) 2018/140 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain cast iron articles originating in the People's Republic of China and terminating the investigation on imports of certain cast iron articles originating in India

text:
                  15.2.2019

                  EN

                  Official Journal of the European Union

                  L 44/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/261
         of 14 February 2019
         amending Implementing Regulation (EU) 2018/140 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain cast iron articles originating in the People's Republic of China and terminating the investigation on imports of certain cast iron articles originating in India
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), and in particular Article 9(4) thereof,
         Whereas:

                     (1)

                     By Implementing Regulation (EU) 2018/140 (2), the Commission imposed a definitive anti-dumping duty at rates ranging from 15,5 % to 38,1 % on imports of certain articles of lamellar graphite cast iron (grey iron) or spheroidal graphite cast iron (also known as ductile cast iron), and parts thereof falling within Combined Nomenclature (‘CN’) codes ex 7325 10 00 (TARIC code 7325100031) and ex 7325 99 10 (TARIC code 7325991051) and originating in the People's Republic of China.

                     (2)

                     By judgment of 12 July 2018 in Joined Cases C-397/17 and C-398/17, Profit Europe (3), the Court of Justice held that the CN must be interpreted as meaning that the cast tube or pipe fittings of spheroidal graphite cast iron must be classified under the residual subheading 7307 19 90 as other cast fittings, rather than under subheading 7307 11 10 as fittings of non-malleable cast iron, or under CN subheading 7307 19 10 as fittings of malleable cast iron.

                     (3)

                     The two tariff headings 7325 and 7307 have an almost identical structure and concern the same materials. Therefore, it was considered appropriate to reflect the Court of Justice's finding also in the classification of articles falling under heading 7325.

                     (4)

                     Implementing Regulation (EU) 2018/140 concerning certain articles of spheroidal graphite cast iron (also known as ductile cast iron) continues to refer to their classification under CN code 7325 99 10 as other articles of malleable cast iron.

                     (5)

                     Therefore, CN code ex 7325 99 10 (TARIC code 7325991051) should be replaced by CN code ex 7325 99 90 (TARIC code 7325999080) among the codes listed in Implementing Regulation (EU) 2018/140 with regard to goods the imports of which are subject to the definitive anti-dumping duty.

                     (6)

                     To ensure the effective collection of the anti-dumping duties in place, Implementing Regulation (EU) 2018/140 should be amended accordingly.

                     (7)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Article 1(1) of Implementing Regulation (EU) 2018/140 is replaced by the following:

                  ‘1.   A definitive anti-dumping duty is imposed on imports of certain articles of lamellar graphite cast iron (grey iron) or spheroidal graphite cast iron (also known as ductile cast iron), and parts thereof currently falling within CN codes ex 7325 10 00 (TARIC code 7325100031), and ex 7325 99 90 (TARIC code 7325999080) and originating in the People's Republic of China.
                  These articles are of a kind used to:

                              —

                              cover ground or sub-surface systems, and/or openings to ground or sub-surface systems, and also

                              —

                              give access to ground or sub-surface systems and/or provide view to ground or sub-surface systems.

                        The articles may be machined, coated, painted and/or fitted with other materials such as but not limited to concrete, paving slabs, or tiles.
                  The following product types are excluded from the definition of the product concerned:

                              —

                              channel gratings and cast tops subject to standard EN 1433, to be fitted as a component on channels in polymer, plastic, galvanised steel or concrete allowing surface water to flow into the channel,

                              —

                              floor drains, roof drains, cleanouts and covers for cleanouts, subject to standard EN 1253,

                              —

                              step irons, lifting keys, and fire hydrants.’.

            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 February 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Commission Implementing Regulation (EU) 2018/140 of 29 January 2018 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain cast iron articles originating in the People's Republic of China and terminating the investigation on imports of certain cast iron articles originating in India (OJ L 25, 30.1.2018, p. 6).

            (3)  Judgment of the Court of Justice of 12 July 2018, Joined Cases C-397/17 and C-398/17, Profit Europe NV v Belgische Staat, ECLI:EU:C:2018:564.


title: Commission Implementing Regulation (EU) 2019/263 of 14 February 2019 amending Implementing Regulation (EU) No 964/2014 as regards standard terms and conditions for financial instruments for the Co-Investment Facility and for the Urban Development Fund

text:
                  15.2.2019

                  EN

                  Official Journal of the European Union

                  L 44/8

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/263
         of 14 February 2019
         amending Implementing Regulation (EU) No 964/2014 as regards standard terms and conditions for financial instruments for the Co-Investment Facility and for the Urban Development Fund
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (1), and in particular the second subparagraph of Article 38(3) thereof,
         Whereas:

                     (1)

                     Annexes I, V and VI to Commission Implementing Regulation (EU) No 964/2014 (2) set out the annotated table of content of a funding agreement between a managing authority and a financial intermediary, the terms and conditions for the Co-Investment Facility and the Urban Development Fund respectively.

                     (2)

                     Article 40 of Regulation (EU) No 1303/2013 clarifies the management verifications and audit arrangements in case of financial instruments implemented by the EIB and other international financial institutions in which a Member State is a shareholder. These arrangements should be reflected in Annex I as part of the funding agreement between a managing authority and the EIB or other international financial institutions in which a Member State is a shareholder.

                     (3)

                     Article 43a of Regulation (EU) No 1303/2013, as inserted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (3) clarifies the rules governing financial instruments with regard to differentiated treatment of investors operating under the market economy principle in case of profit and risk sharing. The terminology used in Annexes I, V and VI to Implementing Regulation (EU) No 964/2014 should be aligned with that in Article 43a of Regulation (EU) No 1303/2013.

                     (4)

                     The measures provided for in this Regulation are in accordance with the opinion of the Coordination Committee for the ESI Funds.

                     (5)

                     In order to ensure legal certainty and to limit discrepancies between the amended provisions of Regulation (EU) No 1303/2013, which apply from 2 August 2018 or earlier in accordance with Article 282 of Regulation (EU, Euratom) 2018/1046 and the provisions of this Regulation to a minimum, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

                     (6)

                     Implementing Regulation (EU) No 964/2014 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annexes I, V and VI to Implementing Regulation (EU) No 964/2014 are amended in accordance with 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 Brussels, 14 February 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 347, 20.12.2013, p. 320.

            (2)  Commission Implementing Regulation (EU) No 964/2014 of 11 September 2014 laying down rules for the application of Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards standard terms and conditions for financial instruments (OJ L 271, 12.9.2014, p. 16).

            (3)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

            ANNEX
            Annexes I, V and VI to Implementing Regulation (EU) No 964/2014 are amended as follows:

                        1.

                        In Annex I, the annotated table of content of a funding agreement between a managing authority and a financial intermediary is amended as follows:

                                    (a)

                                    In point 11 a new paragraph is introduced:
                                    ‘Provisions on management verifications and audit arrangements in line with paragraphs 1 and 2 of Article 40 of Regulation (EU) No 1303/2013 in cases where the bodies implementing the financial instruments are the EIB or other international financial institutions in which a Member State is a shareholder.’;

                                    (b)

                                    In point 17, the third paragraph is replaced by the following:
                                    ‘Provisions regarding the re-use of resources attributable to the support of the ESI Funds until the end of the eligibility period in compliance with Article 44 of Regulation (EU) No 1303/2013 and, where applicable, provisions regarding differentiated treatment as referred to in Article 43a.’;

                        2.

                        In Annex V, the terms and conditions for the Co-Investment Facility are amended as follows:

                                    (a)

                                    in the section ‘Fund Contribution to financial instrument: amount and rate (product details)’, the fourth paragraph is replaced by the following:
                                    ‘Differentiated treatment of investors operating under the market economy principle, aimed solely at asymmetric profit-sharing, shall be set in line with Article 43a of Regulation (EU) No 1303/2013 and Article 21(13)(b) of Regulation (EU) No 651/2014.’;

                                    (b)

                                    in the section ‘Eligible Financial Intermediary and Co-investors’, the third paragraph is replaced by the following:
                                    ‘The managing authority and fund of funds shall comply with Union law when selecting financial intermediaries. The selection of financial intermediaries shall be open, transparent, proportionate and non-discriminatory, avoiding conflict of interests. The selection of the financial intermediaries shall establish appropriate risk-sharing arrangements in the case of differentiated treatment and determine possible carried interest.’;

                        3.

                        In Annex VI, the terms and conditions for the Urban Development Fund are amended as follows:

                                    (a)

                                    in the section ‘State aid implication’, the fifth paragraph is replaced by the following:
                                    ‘Differentiated treatment (asymmetric conditions on risk-sharing arrangements) for the fund of funds, financial intermediary contribution and co-investors contributions at fund level and project level in form of loans, if any, shall be set in accordance with Article 43a of Regulation (EU) No 1303/2013, points (b) and (c) of Article 16(8) of Regulation (EU) No 651/2014, as further specified under the pricing policy.’;

                                    (b)

                                    in the section ‘Programme contribution to financial instrument: amount and rate (product details)’, the first paragraph is replaced by the following:
                                    ‘The actual risk sharing rate, programme public contribution, differentiated treatment and interest rate on loans shall be based on the ex ante assessment findings and shall ensure that the benefit to the final recipients complies with Article 16(8)(b) of Regulation (EU) No 651/2014.’;

                                    (c)

                                    in the section ‘Lending and risk-sharing at financial intermediary level (alignment of interest)’, the sixth indent is replaced by the following:
                                    ‘the risk-sharing with the financial intermediary and with co-investors (at fund level or at urban development project level) shall be made pro-rata as for the programme contribution except if the ex ante assessment as referred in Article 37(2)(c) of Regulation (EU) No 1303/2013 demonstrates that differentiated treatment is needed in the form of an asymmetric risk-sharing set between co-investors. Such arrangements shall be in line with Article 16(8)(b) and (c) of Regulation (EU) No 651/2014 and included in the co-investment agreement between the parties. Such arrangements do not apply to the 1 % invested by the financial intermediary from its own resources as required here above for the purpose of alignment of interest.’;

                                    (d)

                                    in the section ‘Eligible Financial Intermediaries’, the sixth paragraph is replaced by the following:
                                    ‘The managing authority and the fund of funds shall comply with Union law when selecting financial intermediaries. The selection of financial intermediaries shall be open, transparent, proportionate and non-discriminatory, avoiding conflict of interests. The selection of the financial intermediaries shall aim at establishing appropriate risk-sharing arrangements in case of differentiated treatment.’


title: Commission Implementing Regulation (EU) 2019/368 of 4 March 2019 repealing Implementing Regulation (EU) No 444/2013 concerning the classification of certain goods in the Combined Nomenclature

text:
                  7.3.2019

                  EN

                  Official Journal of the European Union

                  L 66/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/368
         of 4 March 2019
         repealing Implementing Regulation (EU) No 444/2013 concerning the classification of certain goods in the Combined Nomenclature
         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 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of certain goods.

                     (2)

                     By Implementing Regulation (EU) No 444/2013 (3), the Commission classified a product obtained from defatted soya beans after the extraction of the oil, further extracted with water and ethanol to remove soluble carbohydrates and minerals (‘product concerned’) under subheading 2309 90 31 of the Combined Nomenclature as ‘other preparations of a kind used in animal feeding’.

                     (3)

                     As regards starch in products of heading 2309, it has to be ascertained whether any starch is present by applying a qualitative test (iodine-starch reaction; microscopic analysis). Once the presence of starch has been verified, the starch content of any product of heading 2309 is determined by using the polarimetric method (Ewers method) as laid down in Part L of Annex III of Commission Regulation (EC) No 152/2009 (4). Where the polarimetric method is not applicable, e.g. due to the presence in significant amounts of specific materials listed in Article 1 of Commission Regulation (EC) No 121/2008 (5), the enzymatic analytical method laid down in the Annex to that Regulation is to be applied.

                     (4)

                     At the time of adoption of Implementing Regulation (EU) No 444/2013, the only analytical method to be applied to the product concerned was the polarimetric method.

                     (5)

                     By its judgment in case C-144/15 (‘Customs Support Holland BV’) (6), the Court ruled that a soya protein concentrate which has been made suitable for use as feed must be classified in heading 2309. The soya protein concentrate at issue in the main proceedings in that case is described as being obtained from dehulled, ground and steamed soya beans which first undergo an oil-extraction process, after which what remains is so-called soya meal. This meal is then treated with ethanol and water to extract the residual fat, reduce the content of components other than proteins, primarily carbohydrates or food fibre, and eliminate certain harmful substances. The soya protein concentrate obtained in this way does not contain any trace of the ethanol used and consists, inter alia, of proteins and starch.

                     (6)

                     The product at issue in the main proceedings in case C-144/15 and the product concerned are sufficiently similar as both are feed products based on soya products, which are to be classified in heading 2309. In both cases, the products are not a residue of heading 2304 directly resulting from the extraction of soya-bean oil but result from a process whereby the vegetable material from which the products have been derived has lost its essential characteristics.

                     (7)

                     Commission Implementing Regulation (EU) 2017/68 (7) added ‘soya products’ to the list of feed materials set out in Article 1 of Regulation (EC) No 121/2008 in respect of which the starch content of preparations of a kind used in animal feeding (heading 2309) is to be determined using the enzymatic analytical method.

                     (8)

                     Therefore, in the interest of legal certainty as regards the tariff classification of products of heading 2309 based on soya products and in order to ensure the uniform application of the Combined Nomenclature within the Union, Implementing Regulation (EU) No 444/2013 should be repealed.

                     (9)

                     It is appropriate to provide that binding tariff information issued on the basis of Implementing Regulation (EU) No 444/2013 in respect of the goods concerned by this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (10)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Implementing Regulation (EU) No 444/2013 is repealed.

            Article 2
            Binding tariff information issued on the basis of Implementing Regulation (EU) No 444/2013 in respect of the goods concerned by this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 4 March 2019.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

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

            (2)  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).

            (3)  Commission Implementing Regulation (EU) No 444/2013 of 7 May 2013 concerning the classification of certain goods in the Combined Nomenclature (OJ L 130, 15.5.2013, p. 19).

            (4)  Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed (OJ L 54, 26.2.2009, p. 1)

            (5)  Commission Regulation (EC) No 121/2008 of 11 February 2008 laying down the method of analysis for the determination of starch content in preparations of a kind used in animal feeding (CN code 2309) (OJ L 37, 12.2.2008, p. 3).

            (6)  ECLI:EU:C:2016:133.

            (7)  Commission Implementing Regulation (EU) 2017/68 of 9 January 2017 amending Regulation (EC) No 121/2008 laying down the method of analysis for the determination of starch content in preparations of a kind used in animal feeding (CN code 2309) (OJ L 9, 13.1.2017, p. 4).


title: Commission Implementing Regulation (EU) 2019/456 of 20 March 2019 authorising the change of the specifications of the novel food coriander seed oil from Coriandrum sativum under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (Text with EEA relevance.)

text:
                  21.3.2019

                  EN

                  Official Journal of the European Union

                  L 79/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/456
         of 20 March 2019
         authorising the change of the specifications of the novel food coriander seed oil from Coriandrum sativum under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 (1), and in particular Article 12 thereof,
         Whereas:

                     (1)

                     Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list may be placed on the market within the Union.

                     (2)

                     Pursuant to Article 8 of Regulation (EU) 2015/2283, Commission Implementing Regulation (EU) 2017/2470 (2) establishing a Union list of authorised novel foods was adopted.

                     (3)

                     Pursuant to Article 12 of Regulation (EU) 2015/2283, the Commission is to decide on the authorisation and on the placing on the Union market of a novel food and on the updating of the Union list.

                     (4)

                     Commission Implementing Decision 2014/155/EU (3) authorised, in accordance with Regulation (EC) No 258/97 of the European Parliament and of the Council (4), the placing on the market of coriander seed oil from Coriandrum sativum as a novel food ingredient to be used in food supplements.

                     (5)

                     On 17 May 2018, the company Ovalie Innovation (‘the Applicant’) made a request to the Commission to change the specifications of coriander seed oil from Coriandrum sativum within the meaning of Article 10(1) of Regulation (EU) 2015/2283. The applicant requested to decrease the lower figure of the saponification value from the current 186 mg KOH/g to 179 mg KOH/g.

                     (6)

                     The applicant justifies the request by indicating that the change is necessary in order to take account of the variation in the saponification values in the course of the production process of the coriander seed oil during its refinement processing for use in food supplements.

                     (7)

                     The Commission considers that a safety evaluation of the current application by the European Food Safety Authority in accordance with Article 10(3) of Regulation (EU) 2015/2283 is not necessary as the proposed decrease in saponification values of the coriander seed oil is limited, while the concomitant increase in unsaponifiable matter, which could be considered of relevance to the safety of the novel food, remains within the authorised limit values.

                     (8)

                     The proposed change in the saponification values of coriander seed oil from Coriandrum sativum do not alter the safety considerations that supported its authorisation. Therefore, it is appropriate to amend the specifications of the novel food ‘coriander seed oil from Coriandrum sativum’ at the proposed level for saponifiable value.

                     (9)

                     The information provided in the application gives sufficient grounds to establish that the proposed changes to the specifications of the novel food coriander seed oil from Coriandrum sativum comply with Article 12 of Regulation (EU) 2015/2283.

                     (10)

                     The Annex to Implementing Regulation (EU) 2017/2470 should therefore be amended accordingly.

                     (11)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The entry in the Union list of authorised novel foods, as provided for in Article 6 of Regulation (EU) 2015/2283 and included in Implementing Regulation (EU) 2017/2470, referring to the novel food coriander seed oil from Coriandrum sativum, is amended as specified in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 20 March 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 327, 11.12.2015, p. 1.

            (2)  Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 72).

            (3)  Commission Implementing Decision 2014/155/EU of 19 March 2014 authorising the placing on the market of coriander seed oil as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council (OJ L 85, 21.3.2014, p. 13).

            (4)  Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (OJ L 43, 14.2.1997, p. 1).

            ANNEX
            The entry for ‘Coriander seed oil from Coriandrum sativum’ in Table 2 (Specifications) of the Annex to Implementing Regulation (EU) 2017/2470 is replaced by the following:

                           Authorised Novel Food

                           Specifications

                           ‘Coriander seed oil from

                                 Coriandrum sativum

                              Description/Definition:

                           Coriander seed oil is an oil containing glycerides of fatty acids that is produced from the seeds of the coriander plant Coriandrum sativum L.
                           Slight yellow colour, bland taste
                           CAS No: 8008-52-4
                           Composition of fatty acids:

                                       Palmitic acid (C16:0): 2-5 %

                                       Stearic acid (C18:0): < 1,5 %

                                       Petroselinic acid (cis-C18:1(n-12)): 60-75 %

                                       Oleic acid (cis-C18:1 (n-9)): 8-15 %

                                       Linoleic acid (C18:2): 12-19 %

                                       α-Linolenic acid (C18:3): < 1,0 %

                                       Trans fatty acids: ≤ 1,0 %

                              Purity:

                           Refractive index (20 °C): 1,466-1,474
                           Acid value: ≤ 2,5 mg KOH/g
                           Peroxide value (PV): ≤ 5,0 meq/kg
                           Iodine value: 88-110 units
                           Saponification value: 179-200 mg KOH/g
                           Unsaponifiable matter: ≤ 15 g/kg’