title: Council Implementing Regulation (EU) 2018/548 of 6 April 2018 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea

text:
               9.4.2018

               EN

               Official Journal of the European Union

               L 91/2

         COUNCIL IMPLEMENTING REGULATION (EU) 2018/548
   of 6 April 2018
   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, and in particular Article 31(2) thereof,
   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(1) 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)

               On 30 March 2018 the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 1718 (2006) added one person and 21 entities to the list of persons and entities subject to restrictive measures and designated 15 vessels for an asset freeze, 25 vessels for a port entry ban and 12 vessels for deflagging.

               (3)

               Annexes XIII and XIV to Regulation (EU) 2017/1509 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annexes XIII and XIV to Regulation (EU) 2017/1509 are amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the date 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, 6 April 2018.

            For the Council

            The President

         E. ZAHARIEVA

      (1)  OJ L 224, 31.8.2017, p. 1.

      ANNEX

                  1.

                  The following person and entities are added to the list of persons and entities referred to in Article 34(1) and (3) as set out in Annex XIII to Regulation (EU) 2017/1509:
                  ‘(a)   Natural persons

                              Name

                              Alias

                              Identifying information

                              Date of UN designation

                              Statement of reasons

                              80.

                              TSANG YUNG YUAN

                              Neil Tsang, Yun Yuan Tsang

                              DOB: 20.10.1957
                              Passport No: 302001581

                              30.3.2018

                              Tsang Yung Yuan has coordinated DPRK coal exports with a DPRK broker operating in a third country, and he has a history of other sanctions evasion activities.

                        (b)   Legal persons, entities and bodies

                              Name

                              Alias

                              Location

                              Date of UN designation

                              Other information

                              55.

                              CHANG AN SHIPPING & TECHNOLOGY

                                 ;
                              CHANG AN SHIPPING AND TECHNOLOGY

                              Room 2105, DL1849, Trend Centre, 29-31 Cheung Lee Street, Chai Wan, Hong Kong, China

                              30.3.2018

                              Registered owner, ship manager, and commercial manager of Panama-flagged vessel HUA FU, a cargo ship that loaded DPRK coal at Najin DPRK on 24 September 2017.

                              56.

                              CHONMYONG SHIPPING CO

                              CHON MYONG SHIPPING COMPANY LIMITED

                              Kalrimgil 2-dong, Mangyongdae-guyok, Pyongyang, DPRK; Saemaul 2-dong, Pyongchon-guyok, Pyongyang, DPRK

                              30.3.2018

                              Registered owner of CHON MYONG 1, a DPRK-flagged vessel that conducted ship-to-ship transfer of fuel in late December 2017.

                              57.

                              FIRST OIL JV CO LTD

                              Jongbaek 1-dong, Rakrang-guyok, Pyongyang, DPRK

                              30.3.2018

                              Owner of the DPRK tanker PAEK MA, which was involved in ship to ship transfer operations for oil in mid-January 2018.

                              58.

                              HAPJANGGANG SHIPPING CORP

                              Kumsong 3-dong, Mangyongdae-guyok, Pyongyang, DPRK

                              30.3.2018

                              Registered owner of the DPRK tanker NAM SAN 8, which is believed to have been involved in ship to ship transfer operations for oil, and owner of vessel HAP JANG GANG 6.

                              59.

                              HUAXIN SHIPPING HONGKONG LTD

                              Room 2105, Trend Centre, 29-31 Cheung Lee Street, Chai Wan, Hong Kong, China

                              30.3.2018

                              Ship and commercial manager of the ASIA BRIDGE 1. Hong Kong-owned vessel, the probable “ASIA BRIDGE 1” was instructed on 19 October 2017 by Huaxin Shipping to make preparations for entry into Nampo, DPRK to receive a shipment of coal bound for Vietnam. The “ASIA BRIDGE 1” was instructed by an unidentified employee of Huaxin Shipping Ltd to make preparations to receive 8 000  metric tonnes of coal and then sail to Cam Pha, Vietnam. The master of the vessel was instructed to cover the ship's name and other markings using canvas while in port at Nampo.

                              60.

                              KINGLY WON INTERNATIONAL CO., LTD

                              Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro MH 96960, Marshall Islands

                              30.3.2018

                              In 2017, Tsang Yung Yuan (aka Neil Tsang) and Kingly Won attempted to engage in an oil deal valued at over USD 1 million with a petroleum company in a third country to illicitly transfer to the DPRK. Kingly Won acted as a broker for that petroleum company and a Chinese company that reached out to Kingly Won to purchase marine oil on its behalf.

                              61.

                              KOREA ACHIM SHIPPING CO

                              Sochang-dong, Chung-guyok, Pyongyang, DPRK

                              30.3.2018

                              Registered owner of DPRK tanker CHON MA SAN. DPRK-flagged CHON MA SAN prepared for likely ship to ship transfer operations in late January 2018. The master of the DPRK-flagged motor tanker YU JONG 2 reported on 18 November 2017 to an unidentified DPRK-based controller that the vessel was avoiding a storm in advance of a ship to ship transfer. The master suggested that the YU JONG 2 load fuel oil before the DPRK-flagged tanker CHON MA SAN since the CHON MA SAN's larger size was better suited to conduct ship to ship transfers in a storm. After the CHON MA SAN loaded fuel oil from a vessel, the YU JONG 2 loaded 1 168  kilolitres of fuel oil on 19 November 2017 through a ship to ship transfer operation.

                              62.

                              KOREA ANSAN SHIPPING COMPANY

                              KOREA ANSAN SHPG COMPANY

                              Pyongchon 1-dong, Pyongchon-guyok, Pyongyang, DPRK

                              30.3.2018

                              Registered owner of DPRK tanker AN SAN 1 believed to have been involved in ship to ship transfer operations for oil.

                              63.

                              KOREA MYONGDOK SHIPPING CO

                              Chilgol 2-dong, Mangyongdae-guyok, Pyongyang, DPRK

                              30.3.2018

                              Registered owner of the YU PHYONG 5. In late November 2017, the YU PHYONG 5 conducted a ship-to-ship transfer of 1 721  metric tonnes of fuel oil.

                              64.

                              KOREA SAMJONG SHIPPING

                              Tonghung-dong, Chung-guyok, Pyongyang, DPRK

                              30.3.2018

                              Registered owner of DPRK tankers SAM JONG 1 and SAM JONG 2. Both vessels are believed to have imported refined petroleum to DPRK in violation of UN sanctions in late January 2018.

                              65.

                              KOREA SAMMA SHIPPING CO

                              Rakrang 3-dong, Rakrang-guyok, Pyongyang, DPRK

                              30.3.2018

                              A DPRK-flagged tanker, SAM MA 2 owned by Korea Samma Shipping Company, conducted a ship-to-ship transfer of oil and fabricated documents in mid-October 2017, loading almost 1 600  metric tonnes of fuel oil in one transaction. The ship master was instructed to erase SAMMA SHIPPING and the Korean words found on the ship's seal and instead put “Hai Xin You 606” to mask its identity as a DPRK vessel.

                              66.

                              KOREA YUJONG SHIPPING CO LTD

                              Puksong 2-dong, Pyongchon-guyok, Pyongyang, DPRK;
                              Company Number IMO 5434358

                              30.3.2018

                              Registered owner of the DPRK tanker YU JONG 2, which loaded 1 168  kilolitres of fuel oil on 19 November 2017 through a ship to ship transfer operation.

                              67.

                              KOTI CORP

                              Panama City, Panama

                              30.3.2018

                              Ship manager and commercial manager of the Panama-flagged vessel KOTI, which conducted ship-to-ship transfers of likely petroleum product to the DPRK-flagged KUM UN SAN 3 on 9 December 2017.

                              68.

                              MYOHYANG SHIPPING CO

                              Kumsong 3-dong, Mangyondae-guyok, Pyongyang, DPRK

                              30.3.2018

                              Ship manager of DPRK oil products tanker YU SON, which is believed to have been involved in ship to ship transfer operations for oil.

                              69.

                              PAEKMA SHIPPING CO

                              Care of First Oil JV Co Ltd

                              Jongbaek 1-dong, Rakrang-guyok, Pyongyang, DPRK

                              30.3.2018

                              Registered owner of the DPRK tanker PAEK MA, which was involved in ship to ship transfer operations for oil in mid-January 2018.

                              70.

                              PHYONGCHON SHIPPING & MARINE

                              PHYONGCHON SHIPPING AND MARINE

                              Otan-dong, Chung-guyok, Pyongyang, DPRK

                              30.3.2018

                              Registered owner of DPRK tanker JI SONG 6, which is believed to have been involved in ship to ship transfer operations of oil in late January 2018. The company also owns vessels JI SONG 8 and WOORY STAR.

                              71.

                              PRO-GAIN GROUP CORPORATION

                              Le Sanalele Complex, Ground Floor, Vaea Street, Saleufi, Apia, Samoa

                              30.3.2018

                              Company owned or controlled by Tsang Yung Yuan and involved in illicit transfers of DPRK coal.

                              72.

                              SHANGHAI DONGFENG SHIPPING CO LTD

                              Room 601, 433, Chifeng Lu, Hongkou Qu, Shanghai, 200083, China

                              30.3.2018

                              Registered owner, ship and commercial manager of the DONG FENG 6, a vessel that loaded coal at Hamhung, DPRK on 11 July 2017 for export in violation of UN sanctions.

                              73.

                              SHEN ZHONG INTERNATIONAL SHIPPING

                              Unit 503, 5th Floor, Silvercord Tower 2, 30, Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong, China

                              30.3.2018

                              Ship and commercial manager of HAO FAN 2 and HAO FAN 6, St Kitts-Nevis-flagged vessels. The HAO FAN 6 loaded coal at Nampo, DPRK on 27 August 2017. HAO FAN 2 loaded North Korean coal at Nampo, DPRK on 3 June 2017.

                              74.

                              WEIHAI WORLD-SHIPPING FREIGHT

                              419-201, Tongyi Lu, Huancui Qu, Weihai, Shandong 264200, China

                              30.3.2018

                              Ship and commercial manager of the XIN GUANG HAI, a vessel that on loaded coal at Taean, DPRK on 27 October 2017 and had an ETA of 14 November 2017 to Cam Pha, Vietnam, but it did not arrive and instead went to Port Klang, Malaysia on 18 December 2017.

                              75.

                              YUK TUNG ENERGY PTE LTD

                              17-22, UOB Plaza 2, Raffles Place, Singapore 048624, Singapore

                              30.3.2018

                              Ship manager and commercial manager of the YUK TUNG, which conducted ship-to-ship transfer of refined petroleum product.’

                  2.

                  The following vessels are added to the list of vessels subject to restrictive measures set out in Annex XIV to Regulation (EU) 2017/1509 under the heading ‘A. Vessels subject to a seizure’:
                  ‘1.   Name: CHON MYONG 1

                     Additional information

                  IMO: 8712362
                  2.   Name: AN SAN 1

                     Additional information

                  IMO: 7303803
                  3.   Name: YU PHYONG 5

                     Additional information

                  IMO: 8605026
                  4.   Name: SAM JONG 1

                     Additional information

                  IMO: 8405311
                  5.   Name: SAM JONG 2

                     Additional information

                  IMO: 7408873
                  6.   Name: SAM MA 2

                     Additional information

                  IMO: 8106496
                  7.   Name: YU JONG 2

                     Additional information

                  IMO: 8604917
                  8.   Name: PAEK MA

                     Additional information

                  IMO: 9066978
                  9.   Name: JI SONG 6

                     Additional information

                  IMO: 8898740
                  10.   Name: CHON MA SAN

                     Additional information

                  IMO: 8660313
                  11.   Name: NAM SAN 8

                     Additional information

                  IMO: 8122347
                  12.   Name: YU SON

                     Additional information

                  IMO: 8691702
                  13.   Name: WOORY STAR

                     Additional information

                  IMO: 8408595
                  14.   Name: JI SONG 8

                     Additional information

                  IMO: 8503228
                  15.   Name: HAP JANG GANG 6

                     Additional information

                  IMO: 9066540’

                  3.

                  The following vessels are added to the list of vessels subject to restrictive measures set out in Annex XIV to Regulation (EU) 2017/1509 under the heading ‘B. Vessels which are prohibited entry into ports’:
                  ‘9.   Name: CHON MYONG 1

                     Additional information

                  IMO: 8712362
                  10.   Name: AN SAN 1

                     Additional information

                  IMO: 7303803
                  11.   Name: YU PHYONG 5

                     Additional information

                  IMO: 8605026
                  12.   Name: SAM JONG 1

                     Additional information

                  IMO: 8405311
                  13.   Name: SAM JONG 2

                     Additional information

                  IMO: 7408873
                  14.   Name: SAM MA 2

                     Additional information

                  IMO: 8106496
                  15.   Name: YU JONG 2

                     Additional information

                  IMO: 8604917
                  16.   Name: PAEK MA

                     Additional information

                  IMO: 9066978
                  17.   Name: JI SONG 6

                     Additional information

                  IMO: 8898740
                  18.   Name: CHON MA SAN

                     Additional information

                  IMO: 8660313
                  19.   Name: NAM SAN 8

                     Additional information

                  IMO: 8122347
                  20.   Name: YU SON

                     Additional information

                  IMO: 8691702
                  21.   Name: WOORY STAR

                     Additional information

                  22.   Name: ASIA BRIDGE 1

                     Additional information

                  IMO: 8916580
                  23.   Name: XIN GUANG HAI

                     Additional information

                  IMO: 9004700
                  24.   Name: HUA FU

                     Additional information

                  IMO: 9020003
                  25.   Name: YUK TUNG

                     Additional information

                  IMO: 9030591
                  26.   Name: KOTI

                     Additional information

                  IMO: 9417115
                  27.   Name: DONG FENG 6

                     Additional information

                  IMO: 9008201
                  28.   Name: HAO FAN 2

                     Additional information

                  IMO: 8747604
                  29.   Name: HAO FAN 6

                     Additional information

                  IMO: 8628597
                  30.   Name: JIN HYE

                     Additional information

                  IMO: 8518572
                  31.   Name: FAN KE

                     Additional information

                  IMO: 8914934
                  32.   Name: WAN HENG 11

                     Additional information

                  IMO: 8791667
                  33.   Name: MIN NING DE YOU 078

                     Additional information

                  IMO: does not exist’


title: Commission Implementing Regulation (EU) 2018/1199 of 22 August 2018 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [‘Boudin blanc de Rethel’ (PGI)]

text:
                  27.8.2018

                  EN

                  Official Journal of the European Union

                  L 217/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1199
         of 22 August 2018
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [‘Boudin blanc de Rethel’ (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 ‘Boudin blanc de Rethel’ registered under Commission Regulation (EC) No 2036/2001 (2).

                     (2)

                     Since the amendments in question are not minor within the meaning of rticle 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 ‘Boudin blanc de Rethel’ (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, 22 August 2018.

                  For the Commission,

                  On behalf of the President,

               Pierre MOSCOVICI

                  Member of the Commission

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

            (2)  Commission Regulation (EC) No 2036/2001 of 17 October 2001 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 275, 18.10.2001, p. 9).

            (3)  OJ C 97, 15.3.2018, p. 13.


title: Commission Implementing Regulation (EU) 2018/1198 of 22 August 2018 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Oli de l'Empordà’/‘Aceite de l'Empordà’ (PDO)

text:
                  27.8.2018

                  EN

                  Official Journal of the European Union

                  L 217/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1198
         of 22 August 2018
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Oli de l'Empordà’/‘Aceite de l'Empordà’ (PDO)
         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 Spain's application for the approval of amendments to the specification for the protected designation of origin ‘Oli de l'Empordà’/‘Aceite de l'Empordà’, registered under Commisssion Implementing Regulation (EU) 2015/385 (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 ‘Oli de l'Empordà’/‘Aceite de l'Empordà’ (PDO) 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, 22 August 2018.

                  For the Commission,

                  On behalf of the President,

               Pierre MOSCOVICI

                  Member of the Commission

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

            (2)  Commission Implementing Regulation (EU) 2015/385 of 3 March 2015 entering a name in the register of protected designations of origin and protected geographical indications [Oli de l'Empordà/Aceite de l'Empordà (PDO)] (OJ L 65, 10.3.2015, p. 4).

            (3)  OJ C 67, 22.2.2018, p. 19.


title: Commission Implementing Regulation (EU) 2018/1202 of 22 August 2018 entering a name in the register of protected designations of origin and protected geographical indications ‘Czosnek galicyjski’ (PGI)

text:
                  27.8.2018

                  EN

                  Official Journal of the European Union

                  L 217/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1202
         of 22 August 2018
         entering a name in the register of protected designations of origin and protected geographical indications ‘Czosnek galicyjski’ (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 Article 50(2)(a) of Regulation (EU) No 1151/2012, Poland's application to register the name ‘Czosnek galicyjski’ was published in the Official Journal of the European Union (2).

                     (2)

                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Czosnek galicyjski’ should therefore be entered in the register,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Czosnek galicyjski’ (PGI) is hereby entered in the register.
            The name specified in the first paragraph denotes a product in Class 1.6. – Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

            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, 22 August 2018.

                  For the Commission,

                  On behalf of the President,

               Pierre MOSCOVICI

                  Member of the Commission

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

            (2)  OJ C 110, 23.3.2018, p. 32.

            (3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


title: Commission Implementing Regulation (EU) 2018/1200 of 22 August 2018 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [‘Brioche vendéenne’ (PGI)]

text:
                  27.8.2018

                  EN

                  Official Journal of the European Union

                  L 217/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1200
         of 22 August 2018
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [‘Brioche vendéenne’ (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 ‘Brioche vendéenne’, registered under Commission Regulation (EC) No 738/2004 (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 ‘Brioche vendéenne’ (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, 22 August 2018.

                  For the Commission,

                  On behalf of the President,

               Pierre MOSCOVICI

                  Member of the Commission

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

            (2)  Commission Regulation (EC) No 738/2004 of 21 April 2004 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 (Peras de Rincón de Soto and Brioche vendéenne) (OJ L 116, 22.4.2004, p. 5).

            (3)  OJ C 95, 13.3.2018, p. 27.


title: Commission Implementing Regulation (EU) 2018/1299 of 26 September 2018 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

text:
                  28.9.2018

                  EN

                  Official Journal of the European Union

                  L 244/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1299
         of 26 September 2018
         amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 183(b) thereof,
         Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,
         Whereas:

                     (1)

                     Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

                     (2)

                     Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin.

                     (3)

                     Regulation (EC) No 1484/95 should therefore be amended accordingly.

                     (4)

                     Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EC) No 1484/95 is replaced by the text set out in the Annex to this Regulation.

            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, 26 September 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 150, 20.5.2014, p. 1.

            (3)  Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC (OJ L 145, 29.6.1995, p. 47).

            ANNEX
            ‘

                     ANNEX I

                                 CN code

                                 Description

                                 Representative price
                                 (EUR/100 kg)

                                 Security under Article 3
                                 (EUR/100 kg)

                                 Origin (1)

                                 0207 12 10

                                 Fowls of the species Gallus domesticus, not cut in pieces, presented as “70 % chickens”, frozen

                                 108,6

                                 0

                                 AR

                                 0207 12 90

                                 Fowls of the species Gallus domesticus, not cut in pieces, presented as “65 % chickens”, frozen

                                 139,4

                                 0

                                 AR

                                 0207 14 10

                                 Fowls of the species Gallus domesticus, boneless cuts, frozen

                                 291,5

                                 3

                                 AR

                                 241,4

                                 18

                                 BR

                                 333,2

                                 0

                                 CL

                                 251,8

                                 15

                                 TH

                                 0207 27 10

                                 Turkeys, boneless cuts, frozen

                                 318,3

                                 0

                                 BR

                                 322,0

                                 0

                                 CL

                                 1602 32 11

                                 Preparations of fowls of the species Gallus domesticus, uncooked

                                 277,7

                                 3

                                 BR

               ’

               (1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7).


title: Commission Implementing Regulation (EU) 2018/1473 of 2 October 2018 fixing the interest rates to be used for calculating the costs of financing intervention measures comprising buying-in, storage and disposal for the 2019 EAGF accounting year

text:
                  3.10.2018

                  EN

                  Official Journal of the European Union

                  L 247/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1473
         of 2 October 2018
         fixing the interest rates to be used for calculating the costs of financing intervention measures comprising buying-in, storage and disposal for the 2019 EAGF accounting year
         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 20(1) and (4) thereof,
         After consulting the Committee on the Agricultural Funds,
         Whereas:

                     (1)

                     Article 3(1)(a) of Commission Delegated Regulation (EU) No 906/2014 (2) provides that expenditure relating to the financing costs incurred by Member States in mobilising funds to buy in products is to be determined in accordance with the methods set out in Annex I to that Regulation.

                     (2)

                     Point I.1 of Annex I to Delegated Regulation (EU) No 906/2014 provides that the financing costs in question are to be calculated on the basis of a uniform interest rate for the Union fixed by the Commission at the beginning of every accounting year. This interest rate corresponds to the average of the 3-month and 12-month forward Euribor rates, recorded in the 6-month reference period to be determined by the Commission, preceding the notification from the Member States provided for in the first paragraph of point I.2 of that Annex, with a weighting of one third and two thirds respectively

                     (3)

                     In order to determine the interest rates applicable for a given accounting year, the first paragraph of point I.2 of Annex I to Delegated Regulation (EU) No 906/2014 provides that Member States have to notify the Commission, at its request, of the average interest rate they actually bore during the reference period referred to in point I.1 of that Annex, no later than the deadline referred to in that request.

                     (4)

                     Furthermore, in accordance with the second paragraph of point I.2 of Annex I to Delegated Regulation (EU) No 906/2014, in the absence of any notification from a Member State, in the form and by the deadline referred to in the first paragraph of that point, the interest rate borne by that Member State has to be considered to be 0 %. Where a Member State declares that it did not bear any interest costs because it did not have agricultural products in public storage during the reference period, the Commission has to fix that interest rate in accordance with the third paragraph of that point.

                     (5)

                     In accordance with point I.3 of Annex I to Delegated Regulation (EU) No 906/2014, the interest rate determined on the basis of point I.2 of that Annex is to be compared with the uniform interest rate fixed on the basis of point I.1 of that Annex. The interest rate applicable to each Member State has to be the lower of these two interest rates. However, for the purpose of reimbursing Member States expenditure, negative interest rates cannot be taken into account.

                     (6)

                     The interest rates applicable for the 2019 EAGF accounting year should be fixed taking those various factors into account.

                     (7)

                     In order to avoid a legal vacuum with regard to the interest rate applicable for calculating the costs of financing intervention measures, it is appropriate that the new rate applies retroactively from 1 October 2018,

               HAS ADOPTED THIS REGULATION:

            Article 1
            For expenditure relating to the financing costs incurred by Member States in mobilising funds to buy in products chargeable to the 2019 accounting year of the European Agricultural Guarantee Fund (EAGF), the interest rates provided for in Annex I to Delegated Regulation (EU) No 906/2014 in accordance with Article 3(1)(a) of that Regulation shall be fixed at 0 %.

            Article 2
            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 October 2018.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 2 October 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Commission Delegated Regulation (EU) No 906/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to public intervention expenditure (OJ L 255, 28.8.2014, p. 1).


title: Commission Implementing Regulation (EU) 2018/1534 of 12 October 2018 amending Implementing Regulation (EU) No 185/2013 concerning deductions from fishing quotas allocated to Spain for 2017 and 2018

text:
                  15.10.2018

                  EN

                  Official Journal of the European Union

                  L 257/21

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1534
         of 12 October 2018
         amending Implementing Regulation (EU) No 185/2013 concerning deductions from fishing quotas allocated to Spain for 2017 and 2018
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (1), and in particular Article 105(4) thereof,
         After consulting the Committee for Fisheries and Aquaculture,
         Whereas:

                     (1)

                     In 2013 the Commission adopted Implementing Regulation (EU) No 185/2013 (2). This Regulation established deductions from mackerel quota in ICES division 8c, subareas 9 and 10; Union waters of CECAF 34.1.1 and from anchovy quota in ICES subarea 8.

                     (2)

                     Spain did not fish 739 tonnes of mackerel quota and 843 tonnes of anchovy from the respective quotas in 2017, thus exercising lower fishing pressure on those stocks compared to the maximum allowed in accordance with the fishing opportunities for 2017. Spain has requested to use those unfished quantities for deductions for 2017 and to decrease the deductions for 2018 accordingly.

                     (3)

                     The quantities established in Implementing Regulation (EU) No 185/2013 for deductions for 2017 and for 2018 should be adapted and Implementing Regulation (EU) No 185/2013 should therefore be modified.

                     (4)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The Annex to Implementing Regulation (EU) No 185/2013 is replaced by the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the third 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, 12 October 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 343, 22.12.2009, p. 1.

            (2)  Commission Implementing Regulation (EU) No 185/2013 of 5 March 2013 providing for deductions from certain fishing quotas allocated to Spain in 2013 and subsequent years on account of overfishing of a certain mackerel quota in 2009 (OJ L 62, 6.3.2013, p. 1).

            ANNEX

                        Stock

                        Initial quota 2009

                        Adapted quota 2009

                        Established catches 2009

                        Difference quota-catches (over-fishing)

                        Deduction 2013

                        Deduction 2014

                        Deduction 2015

                        Deduction 2016

                        Deduction 2017

                        Deduction 2018

                        Deduction 2019

                        Deduction 2020

                        Deduction 2021

                        Deduction 2022

                        Deduction 2023

                        MAC8C 3411

                        29 529

                        25 525

                        90 954

                        – 65 429

                        100

                        100

                        100

                        5 544

                        6 283

                        4 805

                        5 544

                        5 544

                        5 544

                        5 544

                        269

                        ANE08 (1)

                        3 696

                        4 539

                        2 853

                        3 696

                        3 696

                        3 696

                        3 696

                        180

               (1)  For anchovy, the year should be understood as the fishing season starting in that year.


title: Commission Implementing Regulation (EU) 2018/1529 of 8 October 2018 entering a name in the register of protected designations of origin and protected geographical indications (‘Cioccolato di Modica’ (PGI))

text:
                  15.10.2018

                  EN

                  Official Journal of the European Union

                  L 257/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1529
         of 8 October 2018
         entering a name in the register of protected designations of origin and protected geographical indications (‘Cioccolato di Modica’ (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 Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy's application to register the name ‘Cioccolato di Modica’ was published in the Official Journal of the European Union (2).

                     (2)

                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Cioccolato di Modica’ should therefore be entered in the register,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Cioccolato di Modica’ (PGI) is hereby entered in the register.
            The name specified in the first paragraph denotes a product in Class 2.2. – chocolate and derived products, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

            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, 8 October 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)  OJ C 159, 7.5.2018, p. 32.

            (3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


title: Commission Implementing Regulation (EU) 2018/1530 of 10 October 2018 concerning the classification of certain goods in the Combined Nomenclature

text:
                  15.10.2018

                  EN

                  Official Journal of the European Union

                  L 257/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1530
         of 10 October 2018
         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 the goods referred to in the Annex to this Regulation.

                     (2)

                     Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

                     (3)

                     Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

                     (4)

                     It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to 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.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

            Article 2
            Binding tariff information which does not conform to 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, 10 October 2018.

                  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).

            ANNEX

                        Description of the goods

                        Classification
                        (CN-code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        A rectangular shaped article made of plastics, with dimensions of approximately 18 × 5 × 2 mm. The article is fitted with a plastic cord to attach it to a mobile phone and with a rubber seal.
                        The article is designed to cover and protect USB sockets of a specific model of mobile phone.
                        The article protects the mobile phone against water and dust.

                        3926 90 97

                        Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 3926 , 3926 90  and 3926 90 97 .
                        The article is not a part of a mobile phone for the purposes of Note 2 to Section XVI as the mechanical or electrical functioning of the mobile phone is not dependent upon the article (see judgments of the Court of Justice of 15 May 2014, Data I/O, C-297/13, ECLI:EU:C:2014:331, paragraph 35, and of 20 November 2014, Rohm Semiconductor, C-666/13, ECLI:EU:C:2014:2388, paragraph 46).
                        The article only serves as a protection of the mobile phone. Classification under heading 8517  as a part suitable for use solely or principally with telephones for cellular networks is therefore excluded.
                        The article is to be classified according to the constituent material which gives the article its essential character. The plastic gives the article its essential character as its presence is predominant in quantity and because of its determinant role in relation to its use.
                        Consequently, the article is to be classified under CN code 3926 90 97  as other articles of plastics.


title: Commission Implementing Regulation (EU) 2018/1531 of 10 October 2018 concerning the classification of certain goods in the Combined Nomenclature

text:
                  15.10.2018

                  EN

                  Official Journal of the European Union

                  L 257/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1531
         of 10 October 2018
         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 the goods referred to in the Annex to this Regulation.

                     (2)

                     Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

                     (3)

                     Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

                     (4)

                     It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to 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.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

            Article 2
            Binding tariff information which does not conform to 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, 10 October 2018.

                  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).

            ANNEX

                        Description of the goods

                        Classification
                        (CN-code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        Flat flexible article made from an air bubble type sheet of plastics, circular in shape, with a diameter of approximately 305 cm.
                        The article is presented as a cover for a swimming pool or paddling pool to keep the water at an optimal temperature and to keep the pool clean.
                        See images (*1).

                        3926 90 92

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 3926 , 3926 90  and 3926 90 92 .
                        Classification of the article under heading 9506  as a part or an accessory of a swimming pool or a paddling pool is excluded, because the article is not identifiable as being suitable for use solely or principally with swimming pools or paddling pools within the meaning of note 3 to Chapter 95. Moreover, the article cannot be considered a part or an accessory to a swimming pool or a paddling pool of heading 9506 , because it is neither indispensable for the functioning of a swimming pool or a paddling pool, nor does it adapt those pools to a particular operation or increase their range of operations or enable them to perform a particular service connected with their main function which is swimming or paddling (see judgment of the Court of Justice of 16 June 2011, Unomedical, C-152/10, ECLI:EU:C:2011:402, paragraphs 29 and 36). The swimming pool or paddling pool cannot be used when covered.
                        Classification as ‘plates, sheets, film, foil and strip’ under headings 3920  or 3921  is excluded by virtue of note 10 to Chapter 39, because the article is cut into a round shape, rather than being uncut or being cut into a rectangle.
                        The article is therefore to be classified according to its constituent material under CN code 3926 90 92  as ‘other articles of plastics, made from sheet’.

               (*1)  The images are purely for information.


title: Commission Implementing Regulation (EU) 2018/1533 of 12 October 2018 concerning the authorisation of sodium alginate as a feed additive for cats, dogs, other non-food-producing animals and fish and potassium alginate as a feed additive for cats and dogs (Text with EEA relevance.)

text:
                  15.10.2018

                  EN

                  Official Journal of the European Union

                  L 257/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1533
         of 12 October 2018
         concerning the authorisation of sodium alginate as a feed additive for cats, dogs, other non-food-producing animals and fish and potassium alginate as a feed additive for cats and dogs
         (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 9(2) 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)

                     In accordance with Article 7 of Regulation (EC) No 1831/2003 an application was submitted for the authorisation of potassium alginate.

                     (3)

                     Article 10 of Regulation (EC) No 1831/2003 provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2). Sodium alginate was authorised without a time limit by Directive 70/524/EEC as feed additive for fish, pets and other non-food-producing animals. The additive was subsequently entered in the Register of feed additives as existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003.

                     (4)

                     In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of sodium alginate as feed additive for pets and other non-food-producing animals and fish.

                     (5)

                     The applications concern the authorisation of potassium alginate as a feed additive for cats and dogs, and sodium alginate as a feed additive for cats, dogs, other non-food-producing animals and fish, to be classified in the additive category ‘technological additives’. Those applications were accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

                     (6)

                     The European Food Safety Authority (‘the Authority’) concluded in its opinion of 5 July 2017 (3) that, under the proposed conditions of use, potassium alginate and sodium alginate do not have an adverse effect on animal health, human health or the environment. The Authority also concluded that the potassium alginate and sodium alginate concerned are effective as stabilisers, thickeners, gelling agents and binders. 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.

                     (7)

                     The assessment of the additives concerned shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of additives should be authorised as specified in the Annex to this Regulation.

                     (8)

                     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
            Authorisation
            The additives specified in the Annex, belonging to the additive category ‘technological additives’ and to the functional group ‘stabilisers’, ‘thickeners’, ‘gelling agents’ and ‘binders’ are authorised as additives in animal nutrition, subject to the conditions laid down in that Annex.

            Article 2
            Transitional measures
            Sodium alginate specified in the Annex and premixtures containing that additive, which are produced and labelled before 4 May 2019 in accordance with the rules applicable before 4 November 2018 may continue to be placed on the market and used until the existing stocks are exhausted.
            Feed materials and compound feed containing sodium alginate specified in the Annex which are produced and labelled before 4 November 2019 in accordance with the rules applicable before 4 November 2018 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for food producing animals.
            Feed materials and compound feed containing sodium alginate specified in the Annex which are produced and labelled before 4 November 2020 in accordance with the rules applicable before 4 November 2018 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
            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, 12 October 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (OJ L 270, 14.12.1970, p. 1).

            (3)  EFSA Journal 2017; 15(7):4945.

            ANNEX

                        Identification number of the additive

                        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 additive/kg of complete feedingstuff with a moisture content of 12 %

                           Technological additives: stabilisers

                        1d401

                        Sodium alginate

                           Additive composition

                        Sodium alginate
                        Powder form

                           Characterisation of the active substance

                        Sodium alginate (≥ 90,8 %)
                        (C6H7NaO6)n

                           Analytical method
                            (1)

                        For the identification of sodium alginate in the feed additive: — The sodium alginate monograph, FAO JECFA Combined Compendium of Food Additive Specifications — Monograph No 1 (2006)

                        Cats and dogs

                        —

                        —

                        35 200

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    The mixture of different sources of alginates shall not exceed the permitted maximum content in complete feedingstuffs.

                                    3.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection.

                        4 November 2028

                        Other non-food-producing animals
                        Fish

                        —

                        —

                        —

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection.

                        1d402

                        Potassium alginate

                           Additive composition

                        Potassium alginate
                        Powder form

                           Characterisation of the active substance

                        Potassium alginate (≥ 89,2 %)
                        (C6H7KO6)n
                        CAS No: 9005-36-1

                           Analytical method
                            (1)

                        For the identification of potassium alginate in the feed additive: The potassium alginate monograph, FAO JECFA Combined Compendium of Food Additive Specifications — Monograph No 1 (2006)

                        Cats and dogs

                        —

                        —

                        35 200

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    The mixture of different sources of alginates shall not exceed the permitted maximum content in complete feedingstuffs.

                                    3.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection.

                        4 November 2028

                           Technological additives: thickeners

                        1d401

                        Sodium alginate

                           Additive composition

                        Sodium alginate
                        Powder form

                           Characterisation of the active substance

                        Sodium alginate (≥ 90,8 %)
                        (C6H7NaO6)n

                           Analytical method
                            (1)

                        For the identification of sodium alginate in the feed additive: — The sodium alginate monograph, FAO JECFA Combined Compendium of Food Additive Specifications — Monograph No 1 (2006)

                        Cats and dogs

                        —

                        —

                        35 200

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    The mixture of different sources of alginates shall not exceed the permitted maximum content in complete feedingstuffs.

                                    3.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection.

                        4 November 2028

                        Other non-food-producing animals
                        Fish

                        —

                        —

                        —

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection.

                        1d402

                        Potassium alginate

                           Additive composition

                        Potassium alginate
                        Powder form

                           Characterisation of the active substance

                        Potassium alginate (≥ 89,2 %)
                        (C6H7KO6)n
                        CAS No: 9005-36-1

                           Analytical method
                            (1)

                        For the identification of potassium alginate in the feed additive: The potassium alginate monograph, FAO JECFA Combined Compendium of Food Additive Specifications — Monograph No 1 (2006)

                        Cats and dogs

                        —

                        —

                        35 200

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    The mixture of different sources of alginates shall not exceed the permitted maximum content in complete feedingstuffs.

                                    3.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection.

                        4 November 2028

                           Technological additives: gelling agents

                        1d401

                        Sodium alginate

                           Additive composition

                        Sodium alginate
                        Powder form

                           Characterisation of the active substance

                        Sodium alginate (≥ 90,8 %)
                        (C6H7NaO6)n

                           Analytical method
                            (1)

                        For the identification of sodium alginate in the feed additive: — The sodium alginate monograph, FAO JECFA Combined Compendium of Food Additive Specifications – Monograph No 1 (2006)

                        Cats and dogs

                        —

                        —

                        35 200

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    The mixture of different sources of alginates shall not exceed the permitted maximum content in complete feedingstuffs.

                                    3.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection.

                        4 November 2028

                        Other non-food-producing animals
                        Fish

                        —

                        —

                        —

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection.

                        1d402

                        Potassium alginate

                           Additive composition

                        Potassium alginate
                        Powder form

                           Characterisation of the active substance

                        Potassium alginate (≥ 89,2 %)
                        (C6H7KO6)n
                        CAS No: 9005-36-1

                           Analytical method
                            (1)

                        For the identification of potassium alginate in the feed additive: The potassium alginate monograph, FAO JECFA Combined Compendium of Food Additive Specifications — Monograph No 1 (2006)

                        Cats and dogs

                        —

                        —

                        35 200

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    The mixture of different sources of alginates shall not exceed the permitted maximum content in complete feedingstuffs.

                                    3.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection.

                        4 November 2028

                           Technological additives: binders

                        1d401

                        Sodium alginate

                           Additive composition

                        Sodium alginate
                        Powder form

                           Characterisation of the active substance

                        Sodium alginate (≥ 90,8 %)
                        (C6H7NaO6)n

                           Analytical method
                            (1)

                        For the identification of sodium alginate in the feed additive: — The sodium alginate monograph, FAO JECFA Combined Compendium of Food Additive Specifications — Monograph No 1 (2006)

                        Cats and dogs

                        —

                        —

                        35 200

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    The mixture of different sources of alginates shall not exceed the permitted maximum content in complete feedingstuffs.

                                    3.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection.

                        4 November 2028

                        Other non-food-producing animals
                        Fish

                        —

                        —

                        —

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection.

                        1d402

                        Potassium alginate

                           Additive composition

                        Potassium alginate
                        Powder form

                           Characterisation of the active substance

                        Potassium alginate (≥ 89,2 %)
                        (C6H7KO6)n
                        CAS No: 9005-36-1

                           Analytical method
                            (1)

                        For the identification of potassium alginate in the feed additive: The potassium alginate monograph, FAO JECFA Combined Compendium of Food Additive Specifications — Monograph No 1 (2006)

                        Cats and dogs

                        —

                        —

                        35 200

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    The mixture of different sources of alginates shall not exceed the permitted maximum content in complete feedingstuffs.

                                    3.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection.

                        4 November 2028

               (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