title: Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services (Text with EEA relevance. )

text:
               23.11.2017

               EN

               Official Journal of the European Union

               L 307/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2177
   of 22 November 2017
   on access to service facilities and rail-related services
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area (1), and in particular Article 13(9) thereof,
   Whereas:

               (1)

               The basic rules of Directive 2012/34/EU concerning access to service facilities and use of services supplied in those facilities, such as provisions on access rights, core procedural rules on handling of requests and requirements on publication of information apply to all service facilities. Directive 2012/34/EU also lays down different rules for different types of services provided in service facilities. These distinctions should also be reflected within this Regulation.
               Taking into account the purpose and scope of Directive 2012/34/EU, the provisions on access to services provided in service facilities should cover only services that are related to the provision of railway transport services.

               (2)

               In order to avoid disproportionate burdens for operators of service facilities with minor importance, it seems appropriate to provide a possibility for regulatory bodies to exempt service facility operators from all or some of the provisions of this Regulation with the exception of certain provisions concerning the obligation to publish a service facility description, when the regulatory body considers that the facility is without strategic importance for the functioning of the market. Where the relevant service facilities market is characterised by a variety of operators providing comparable services in competition or a regulatory body considers that specific provisions of this Regulation could negatively impact the functioning of the service facilities market, the regulatory body should also be entitled to grant such exemptions. This could for example be the case if a railway undertaking is providing services to another railway undertaking in order to assist that undertaking in remote locations as part of a cooperation which is necessary due to the economic cost it would otherwise incur.
               Regulatory bodies should assess requests for exemptions individually, on a case by case basis. If following a complaint regarding access to the service facility or rail related service concerned, the regulatory body considers that circumstances have changed in a way so that an exemption previously granted has a negative impact on the railway transport services market, the regulatory body should review and might revoke an exemption.
               Regulatory bodies should ensure consistent application of exemptions in all Member States; they should develop common principles for the application of the provisions regarding exemptions by the date of application of Article 2. In accordance with Article 57(8) of Directive 2012/34/EU, if needed, the Commission might adopt measures setting out such principles.
               Operators of service facilities that have been exempted from the application of provisions of this Regulation remain subject to all other rules on access to service facilities and use of rail related services laid down in Directive 2012/34/EU.

               (3)

               Regulation (EU) 2017/352 of the European Parliament and of the Council (2) establishes a framework for the provision of port services and common rules on the financial transparency of ports. This Regulation which lays down the details of the procedure and criteria to be followed by operators of service facilities and applicants should also apply to maritime and inland port facilities which are linked to rail activities.
               Directive (EU) 2016/798 of the European Parliament and of the Council (3) defines obligations of the entity in charge of maintenance. This Regulation should be without prejudice to the provisions of that Directive.

               (4)

               Transparency on conditions for access to service facilities and rail related services and information on charges is a pre-requisite for enabling all applicants to access service facilities and services supplied in those facilities on a non-discriminatory basis. Hidden discounts that are negotiated individually with each applicant without following the same principles would undermine the principle of non-discriminatory access to the service facilities and rail related services. Information on the principles of discount schemes provided in the service facility description should, however, take account of commercial confidentiality requirements.

               (5)

               Directive 2012/34/EU requires operators of service facilities to provide non-discriminatory access to service facilities and services supplied in those facilities. That Directive applies in cases of self-supply of services as well as in cases of services being supplied by an operator of a service facility. Where necessary to correct market distortion or undesirable developments in the market, the regulatory body should be able to request that the operator of a service facility opens the facility for self-supply, provided that this is legally and technically feasible and does not endanger the safety of the operations.

               (6)

               Where it is necessary to pass through a private branch line or siding to access a service facility, the operator of the service facility should provide information about the private branch line and siding. Such information should enable the applicant to understand who to contact in order to request access to this line in accordance with Article 10 of Directive 2012/34/EU.

               (7)

               Infrastructure managers should facilitate collection of information on service facilities and alleviate the administrative burden of service facility operators by providing a template in an easily accessible place such as their web portal. This template should be developed by the railway sector and regulatory bodies, in consultation with operators of service facilities. Operators of service facilities are under an obligation to supply all relevant information to the infrastructure managers in accordance with Article 31(10) and point 6 of Annex IV to Directive 2012/34/EU. The main infrastructure manager, to which the service facility description is to be provided in case the infrastructure manager to whose network the facility concerned is connected is exempted from the obligation to publish the network statement, should be the one determined by the Member State for the purpose of participating in the network referred to in Article 7f of Directive 2012/34/EU.

               (8)

               Different entities may be in charge of deciding on access conditions for a service facility, allocating capacity in the service facility and supplying rail related services in the facility. In such cases, all entities concerned are to be considered operators of a service facility within the meaning of Directive 2012/34/EU. In addition, each of them should meet the requirements of this Regulation for the part for which it is responsible. If a facility is owned, managed and operated by several entities, only the entities effectively responsible for providing the information and deciding on requests for access to the service facility and use of rail-related services should be considered as the operators of the service facility.

               (9)

               Current practice shows that in many cases applicants such as shippers and freight forwarders request access to service facilities. However, the railway undertaking appointed by the applicant often does not have a contractual relationship with the operator of the service facility. Therefore, it should be clarified that not only railway undertakings but also other applicants should have a right to request access to service facilities under theconditions set out in this Regulation, where national law provides for such a possibility. Operators of such service facilities should be bound by this Regulation regardless of whether they are in a contractual relationship with a railway undertaking or with another applicant entitled to request capacity in service facilities in accordance with national law.

               (10)

               Train paths and capacity in service facilities are often allocated by different entities. It is therefore important that these entities communicate with one another to make sure that scheduled train paths and scheduled slots in service facilities are consistent so as to enable smooth and efficient train operations. The same should apply to situations where an applicant requests rail related services in a facility which are provided by different providers. For services not directly linked to infrastructure capacity, such cooperation would not be required.

               (11)

               Exchange of data between entities ordering transport services, railway undertakings and terminals on tracking and tracing and estimated time of arrival and departure should contribute to better service quality and cost-effectiveness in the logistics chain.

               (12)

               The requirement to make available indicative real-time information on available service facility capacity on a common web portal could be met by providing information on whether the facility is full, has limited remaining capacity or has sufficient remaining capacity to accommodate any type of request. For services such as maintenance, for which a vehicle has to be removed from service for an extended period, such information may not be needed. Maximum operational capacity may be lower than maximum theoretical capacity. This is because appropriate additional time may be needed to enable reliable services in situations such as the delayed arrival of a train in the facility or operational disruptions. The indication of capacity should refer to the available operational capacity.

               (13)

               Operators of service facilities should not oblige applicants to purchase services offered in a facility, which the applicant does not need. This principle should, however, not imply that the applicant can force the operator of a facility to accept self-supply on the premises of the operator where the operator is offering the respective service in a way that complies with Directive 2012/34/EU and this Regulation.

               (14)

               When an operator of a service facility receives a request that is in conflict with another request or capacity already allocated, the operator of the service facility should as a first step verify whether it would be possible to accommodate the additional request by proposing a different slot, modifying the allocated slot if the applicant concerned agrees to this, or by taking measures that make it possible to increase the capacity of the facility. The operator should not be obliged to take measures such as changing opening hours or measures that would require investment to increase a facility's capacity. However, where an applicant guarantees to cover costs of investment or additional operational costs incurred, the operator of a service facility should consider this option.

               (15)

               Where the coordination procedure has not enabled reconciliation of conflicting requests, the operator of a service facility can apply priority criteria to decide between conflicting requests. These criteria should be non-discriminatory and transparent and be published in the service facility description, which is subject to review by the regulatory body.

               (16)

               The term viable alternative embraces various elements, including in particular physical and technical characteristics such as location of a facility, access by road, rail, waterway or public transport, gauge clearance, length of track and electrifications; operational characteristics such as opening hours, capacity in and around the facility, driver training requirements, scope and type of services offered; attractiveness and competitiveness of transport services such as routing, connections to other modes of transport, and transportation time; and economic aspects such as impact on operational costs and the profitability of the envisaged services.

               (17)

               Building a service facility requires significant investments and the network character of railways implies that there are limitations on where facilities can be constructed; as a result, many service facilities cannot easily be duplicated. Where requests for access to a facility could not be accommodated following the coordination procedure and the facility is close to congestion, regulatory bodies should be able to request operators of service facilities to put in place measure to optimise the use of the facility. The operator of the service facility should identify suitable measures to achieve this objective. These could include for example financial penalties to be paid by applicants that fail to make use of access rights granted or a request to applicants to renounce on rights of access to a service facility or rail related services if they have repeatedly and intentionally failed to make use of such rights or have caused disturbances to the operation of the service facilities or to another applicant.

               (18)

               In order to make the best use of existing facilities, the operation of facilities that have not been in use for at least two years should be publicised for lease or rent when a railway undertaking expresses interest in using such a facility on the basis of demonstrated needs. Any economic entity interested in operating that facility should be able to participate in the tender procedures and submit an offer to take over the operation of the facility. However, a tender procedure does not have to be launched if a formal process to withdraw the dedication of the site to railway purposes is ongoing and the facility is being redeveloped for purposes other than use as a service facility.

               (19)

               This Regulation lays down a set of new rules for operators of service facilities. Those operators need time to adapt existing internal procedures in order to ensure full compliance with all the requirements of this Regulation. Therefore the Regulation should only apply from 1 June 2019. This means that the service facility description required in accordance with Article 4 or a link to the relevant information will only have to be prepared and included for the first time in the network statement for the working timetable starting in December 2020.

               (20)

               The measures provided for in this Regulation are in accordance with the opinion of the Single European Rail Area Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Subject matter
   This Regulation lays down the details of the procedure and criteria to be followed for access to the services to be supplied in the service facilities listed in points 2, 3 and 4 of Annex II to Directive 2012/34/EU.
   Where the provisions of this Regulation refer to applicants, they shall be understood as referring to railway undertakings. Where national law entitles applicants other than railway undertakings to request access to service facilities and rail related services, the relevant provisions of this Regulation shall also apply to those applicants in accordance with national law.
   Article 2
   Exemptions
   1.   Operators of service facilities referred to in paragraph 2 may request to be exempted from the application of all or some of the provisions of this Regulation, with the exception of Articles 4(2)(a) to (d) and (m) and 5.
   Operators of service facilities that exist solely for use by heritage railway operators for their own purposes may request to be exempted from the application of all the provisions of this Regulation.
   Such requests shall be submitted to the regulatory body and be duly substantiated.
   2.   Regulatory bodies may decide to exempt operators of service facilities that operate the following service facilities or provide the following services:

               —

               service facilities or services which do not have any strategic importance for the functioning of the rail transport services market, in particular as regards the level of use of the facility, the type and volume of traffic potentially impacted and the type of services offered in the facility;

               —

               service facilities or services which are operated or provided in a competitive market environment with a variety of competitors providing comparable services;

               —

               service facilities or services where application of this Regulation could negatively impact the functioning of the service facility market.

         3.   Regulatory bodies shall publish any decision granting an exemption referred to in paragraph 2 on their website within two weeks after adoption of the decision.
   4.   When the criteria for granting an exemption referred to in paragraph 2 are no longer fulfilled, the regulatory body shall revoke the exemption.
   5.   Regulatory bodies shall develop and publish common decision making principles for the application of the criteria referred to in paragraph 2.
   Article 3
   Definitions
   For the purposes of this Regulation the following definitions shall apply:

               (1)

               ‘basic service’ means a service supplied in any of the service facilities listed in point 2 of Annex II to Directive 2012/34/EU;

               (2)

               ‘rail-related service’ means a basic, additional or ancillary service listed in points 2, 3 and 4 of Annex II to Directive 2012/34/EU;

               (3)

               ‘service facility description’ means a document which lays down detailed information necessary for access to service facilities and rail-related services;

               (4)

               ‘service facility capacity’ means the potential to use a service facility and supply a service over a given period of time, taking into account the time needed to access and leave the service facility;

               (5)

               ‘coordination procedure’ means a procedure through which the operator of a service facility and applicants attempt to resolve situations in which needs for access to a service facility or rail-related services concern the same service facility capacity and are in conflict;

               (6)

               ‘linked service facilities’ means service facilities which are adjacent to one another and require passage through one to reach the other;

               (7)

               ‘controlling entity’ means a body or firm, which exercises direct or indirect control over an operator of a service facility and is also active and holds a dominant position in national railway transport services markets for which the facility is used or exercises direct or indirect control over an operator of a service facility and a railway undertaking holding such a position;

               (8)

               ‘self-supply of services’ means a situation where a railway undertaking performs itself a rail-related service on the premises of a service facility operator, provided that access to and the use of the facility by that railway undertaking for self-supply of services is legally and technically feasible, does not endanger the safety of the operations and the operator of the service facility concerned offers such possibility;

               (9)

               ‘reconversion’ means a formal process by which the purpose of the service facility is changed to a use other than for the supply of rail related services;

               (10)

               ‘ad hoc request’ means a request for access to a service facility or a rail-related service that is linked to an ad hoc path request for an individual train path referred to in Article 48(1) of Directive 2012/34/EU;

               (11)

               ‘late request’ means a request for access to a service facility or a rail related service submitted after the expiry of a deadline for submitting requests defined by the operator of the facility in question;

         Article 4
   Service facility description
   1.   Operators of service facilities shall establish a service facility description for the service facilities and services for which they are responsible.
   2.   The service facility description shall include at least the following information to the extent it is required by this Regulation:

               (a)

               the list of all installations in which rail related services are supplied, including information on their locations and opening hours;

               (b)

               key contact details of the operator of the service facility;

               (c)

               a description of the technical characteristics of the service facility, such as sidings or shunting and marshalling tracks, technical equipment for loading and unloading, for washing, for maintenance and available storage capacity; information on private branch lines and sidings that are not part of the railway infrastructure, but are needed to get access to service facilities which are essential for the provision of railway transport services;

               (d)

               a description of all rail-related services, which are supplied in the facility, and of their type (basic, additional or ancillary);

               (e)

               the possibility for self-supply of rail-related services and conditions applying thereto;

               (f)

               information on procedures for requesting access to the service facility or services supplied in the facility or both, including deadlines for submitting requests, and time limits for handling those requests;

               (g)

               in service facilities operated by more than one operator or where rail-related services are provided by more than one operator, an indication as to whether separate requests for access to the facilities and for those services need to be submitted;

               (h)

               information on the minimum content and format of a request for access to service facilities and rail-related services, or a template for such a request;

               (i)

               at least in the case of service facilities operated and rail-related services provided by operators under the direct or indirect control of a controlling entity, model access contracts and general terms and conditions;

               (j)

               where relevant, information on the terms of use of the operator's IT systems, if applicants are required to use such systems, and the rules concerning the protection of sensitive and commercial data;

               (k)

               a description of the coordination procedure and regulatory measures referred to in Article 10 and priority criteria referred to in Article 11;

               (l)

               information on changes in technical characteristics and temporary capacity restrictions of the service facility, which could have a major impact on the service facility's operation, including planned works;

               (m)

               information on charges for getting access to service facilities and charges for the use of each rail-related service supplied therein;

               (n)

               information on principles of discount schemes offered to applicants, while respecting commercial confidentiality requirements.

         Article 5
   Publication of service facility description
   1.   Operators of service facilities shall make publicly available the service facility description free of charge, in one of the following ways:

               (a)

               by publishing it on their web portal or a common web portal and providing the infrastructure managers with a link to be included in the network statement;

               (b)

               by providing the infrastructure managers with the relevant and ready-to-be-published information to be included in the network statement.

         Where the infrastructure manager to whose network the facility is connected is exempted from the obligation to publish a network statement in accordance with Article 2(3) or (4) of Directive 2012/34/EU, the operator of a service facility shall provide the relevant link or ready-to-be-published information to the main infrastructure manager.
   2.   Infrastructure managers shall specify in the network statement or on their web portal the deadline to provide information or the link to be published in the network statement, with a view to its publication by the date referred to in Article 27(4) of Directive 2012/34/EU.
   Infrastructure managers shall provide a common template to be developed by the railway sector in cooperation with regulatory bodies by 30 June 2018 that operators of service facilities may use to submit the information. The template shall be reviewed and updated as necessary.
   3.   Operators of service facilities shall keep the service facility description up to date as necessary. They shall in due time inform the applicants having already requested access or subscribed to one or more services in the service facility about any relevant changes in the facility description.
   4.   In the case of service facilities operated by more than one service facility operator or where services in the facility are supplied by more than one supplier, those operators or suppliers shall coordinate with each other in order to:

               (a)

               make available in one place their service facility descriptions; or

               (b)

               indicate in their service facility descriptions all service facility operators responsible for deciding on requests for access to the facility or the rail-related services supplied in the same service facility.

         If this coordination is not successful, the regulatory body may adopt a decision designating one of the service facility operators to comply with the requirement laid down in the first subparagraph. Any relevant costs shall be split among all service facility operators concerned.
   5.   The obligation referred to in paragraph 1 and Article 4 shall be met in a way that is proportionate to the size, technical characteristics and importance of the service facility concerned.
   Article 6
   Additional information
   1.   The regulatory body may require operators of service facilities to justify why they designate a rail-related service as basic, additional or ancillary.
   2.   Upon request of an applicant operators of service facilities listed in points 2(a) to (g) of Annex II to Directive 2012/34/EU shall provide indicative information on available service facility capacity.
   3.   Wherever technically possible with reasonable economic efforts, operators of service facilities shall make the information referred to in paragraph 2 of this Article and information referred to in Article 4(2)(l) available on a real-time basis through the use of a common web portal.
   Article 7
   Cooperation on allocation of service facility capacity and its use
   1.   Applicants shall submit their requests for access to service facilities and rail-related services in accordance with the deadlines set by operators of service facilities. Where relevant, operators of service facilities listed in point 2 of Annex II to Directive 2012/34/EU shall give due consideration to timelines and priority criteria set out by infrastructure managers for the scheduling process when determining these deadlines with a view to preventing inconsistencies.
   2.   Operators of service facilities listed in point 2 of Annex II to Directive 2012/34/EU and infrastructure managers shall cooperate with the aim of ensuring that the allocation of capacity on infrastructure and in service facilities is consistent where necessary. The obligation of cooperation shall also apply to operators of linked service facilities. The applicants concerned may be involved in this cooperation upon request. Applicants may also request involvement of entities responsible for granting access to private branch lines and sidings needed to get access to service facilities which are essential for the provision of railway transport services in the cooperation.
   Where an applicant is seeking supply of additional or ancillary services listed in points 3 and 4 of Annex II to Directive 2012/34/EU offered in the facility by one or more operators of service facility other than the one responsible for granting access to the facility, the applicant may request participation of all operators of service facilities providing these services in the cooperation.
   As long as the scheduling process conducted by the infrastructure manager is pending, requests for access to service facilities and rail-related services shall not be rejected on grounds that a requested train path has not yet been allocated. However, operators of service facilities listed in point 2 of Annex II to Directive 2012/34/EU and infrastructure managers concerned shall seek consistency of their respective decisions.
   3.   Where relevant, operators of service facilities, infrastructure managers and applicants shall cooperate to ensure efficient operation of trains from and to service facilities. In the case of trains using rail freight terminals, including those in maritime or inland ports, this cooperation shall include the exchange of information on train tracking and tracing and, where available, the estimated time of arrival and departure in the event of delays and disturbances.
   4.   Upon request of the regulatory body operators of service facilities shall demonstrate in writing for the last three years that they have fulfilled the cooperation requirements in accordance with this Article.
   Article 8
   Requests for access to service facilities and use of rail-related services
   1.   Requests for access to service facilities and use of rail-related services may be made by applicants.
   2.   Applicants shall indicate in their requests the service facility or the rail-related services for which they have requested access, or both. Operators of service facilities shall not make the access to the facility or supply of a rail-related service subject to mandatory purchase of other services which are not related to the service requested.
   3.   The operator of a service facility shall acknowledge receipt of a request without undue delay. When the request does not contain all the information required in accordance with the service facility description and necessary to take a decision, the operator of a service facility concerned shall inform the applicant thereof and shall set a reasonable deadline for submitting the missing information. If such information is not submitted within that deadline, the request may be rejected.
   Article 9
   Response to requests
   1.   After receipt of all necessary information, the operator of a service facility shall respond to requests for access to and supply of services in service facilities listed in point 2 of Annex II to Directive 2012/34/EU within the reasonable time limit set by the regulatory body in accordance with Article 13(4) of Directive 2012/34/EU. Different deadlines may be set for different types of service facilities and/or services.
   2.   Where the operator of a service facility has responded with an offer of access to the service facility, that offer shall remain valid for a reasonable period of time which it specifies and which shall take account of the business needs of the applicant.
   3.   Regulatory bodies shall set the time limits to respond to requests submitted by applicants as provided for in Article 13(4) of Directive 2012/34/EU prior to the publication of the first network statement subject to the rules of this implementing Regulation in order to ensure compliance with Article 27(4) of Directive 2012/34/EU.
   4.   For ad hoc requests concerning access to service facilities and services listed in points (a) to (d) and (f) to (i) of point 2 of Annex II, when setting the time limits in accordance with Article 13(4) of Directive 2012/34/EU, regulatory bodies shall take into account the time limits set out in Article 48(1) of Directive 2012/34/EU. Where regulatory bodies have not defined time limits for such ad-hoc requests, the operator of a service facility shall answer the request within the time limits set out in Article 48(1) of the Directive.
   Where the operator of a service facility has defined an annual deadline for submitting requests for access to service facilities and rail-related services listed in points (a) to (d) and (f) to (i) of point 2 of Annex II, the time limits for answering late requests defined by the regulatory body shall take account of the time limits applied by infrastructure managers for processing such requests.
   For service facilities and rail-related services listed in point (e) of point 2 of Annex II, the time limit shall start once the technical compatibility of the rolling stock with those facilities and the equipment has been assessed and the applicant was informed thereof.
   5.   Operators of service facilities providing additional and ancillary services listed in points 3 and 4 of Annex II to Directive 2012/34/EU shall respond to requests for such services within the time limit set by the regulatory body or, where such a time limit has not been set, within reasonable time. Where an applicant submits ad hoc requests for several rail-related services supplied in one service facility and it indicates that only their simultaneous allocation is of use, all service facility operators concerned, including suppliers of additional and ancillary services listed in points 3 and 4 of Annex II, shall respond to those requests within the reasonable time limit referred to in paragraph 4.
   For rail-related services listed in point (e) of point 4 of Annex II, the time limit shall start once the technical compatibility of the rolling stock with the facilities and the equipment has been assessed and the applicant was informed thereof.
   6.   With the agreement of the applicant concerned, the time limits referred to in paragraphs 3, 4 and 5 may be extended.
   7.   Rights of access to railway infrastructure and rail related services shall not be transferred to other applicants.
   8.   If an applicant intends not to make use of a right of access to a service facility or a rail related service granted by the service facility operator, it shall inform the operator concerned without undue delay.
   Article 10
   Coordination procedure
   1.   Where an operator of a service facility listed in point 2 of Annex II to Directive 2012/34/EU receives a request for access to the service facility or supply of a service that is in conflict with another request or concerns service facility capacity already allocated, it shall attempt, through discussion and coordination with the applicants concerned, to ensure the best possible matching of all requests. This coordination shall also involve suppliers of additional and ancillary services listed in points 3 and 4 of Annex II to Directive 2012/34/EU where such services are offered in the facility and requested by an applicant. Any modification of access rights already granted shall be subject to the agreement of the applicant concerned.
   2.   Operators of service facilities listed in point 2 of Annex II to Directive 2012/34/EU shall not reject requests for access to their service facility or supply of a service nor indicate to the applicant viable alternatives, when capacity that matches the needs of the applicant is available in their service facility or is expected to become available during or following the coordination procedure.
   3.   Operators of service facilities shall consider different options enabling them to accommodate conflicting requests for access to the service facility or supply of service in the service facility. Those options shall, when necessary, encompass measures to maximise the capacity available in the facility, to the extent is does not require additional investment in resources or facilities. Such measures may include:

               —

               proposing alternative timing;

               —

               changing opening hours or shift patterns, where possible;

               —

               allowing access to the facility for self-supply of services.

         4.   Applicants and operators of the service facilities may jointly request the regulatory body to participate as an observer in the coordination procedure.
   5.   Where a request for access to a service facility listed in point 2 of Annex II to Directive 2012/34/EU could not be accommodated following the coordination procedure and the service facility is close to congestion, the regulatory body may request the operator of the service facility to take measures aimed at enabling the accommodation of additional requests for access to their facility. Such measures shall be transparent and non-discriminatory.
   Article 11
   Priority criteria
   Operators of the service facility may determine priority criteria to allocate capacity in the case of conflicting requests for access to service facilities and rail-related services, where such requests cannot be accommodated after the coordination procedure.
   Such priority criteria shall be non-discriminatory and objective and published in the service facility description in accordance with letter k of Article 4(2). They shall take into account the purpose of the facility, the purpose and nature of the railway transport services concerned and the objective of securing an efficient use of available capacity.
   The priority criteria may also take into account the following aspects:

               —

               existing contracts;

               —

               the intention and ability to use the capacity requested, including previous failure, if any, to use all or part of allocated capacity and the reasons for that failure;

               —

               already allocated train paths linked to the requested services;

               —

               priority criteria for allocation of train paths;

               —

               timely submission of requests.

         Article 12
   Viable alternatives
   1.   Where a request for access to service facilities and rail-related services cannot be accommodated after the coordination procedure, the operator of a service facility listed in point 2 of Annex II to Directive 2012/34/EU shall inform the applicant concerned and the regulatory body, upon its request, without undue delay. Member States may require that the regulatory body is informed even in the absence of such a request.
   2.   The operator of a service facility listed in point 2 of Annex II to Directive 2012/34/EU and the applicant shall, if a request cannot be accommodated, jointly assess whether there are viable alternatives allowing to operate the freight or passenger service concerned on the same or alternative routes under economically acceptable conditions. The applicant shall not be required to disclose its business strategy.
   3.   For the purpose of paragraph 2 the operator of the service facility shall indicate possible alternatives, including, where relevant, in other Member States, on the basis of other service facility descriptions, information published on a common web portal in accordance with Article 5 and any information provided by the applicant. When proposing possible alternatives, at least the following criteria shall be taken into account, to the extent that those can be assessed by the operator of the service facility:

               —

               substitutability of operational characteristics of the alternative service facility;

               —

               substitutability of physical and technical characteristics of the alternative service facility;

               —

               clear impact on attractiveness and competitiveness of the railway transport service envisaged by the applicant;

               —

               estimated additional cost for the applicant.

         The operator of a service facility shall respect the commercial confidentiality of information provided by the applicant.
   4.   Where information on the capacity of the proposed alternative is not publicly available, the applicant shall verify it.
   The applicant shall assess whether using the proposed alternative would allow it to operate the envisaged transport service under economically acceptable conditions. It shall inform the operator of the service facility about the outcome of its assessment within a jointly agreed deadline.
   5.   The applicant may request the operator of a service facility not to indicate the viable alternatives and not to proceed to the joint assessment.
   Article 13
   Refusal of access
   1.   Where the operator of a service facility listed in point 2 of Annex II to Directive 2012/34/EU and the applicant conclude that no viable alternative exists, and it is not possible to accommodate the request for access to or supply of a service in the facility following the coordination procedure, the operator of a service facility may refuse the request.
   Where the operator of the service facility and the applicant cannot agree on a viable alternative, the operator of the service facility may refuse the request indicating the alternatives which it considers to be viable.
   The applicant may complain to the regulatory body in accordance with Article 13(5) of Directive 2012/34/EU.
   2.   Where the operator of the service facility and the applicant have jointly identified viable alternatives, the operator of the service facility may refuse the request.
   3.   Operators of a service facility referred to in Article 13(3) of Directive 2012/34/EU shall justify in writing to the applicant why the request could not be accommodated following the coordination procedure and why, on the basis of the information available, they consider that any proposed alternative meets the applicant's requirements and is viable.
   4.   An operator of a service facility refusing a request shall demonstrate to the regulatory body and to the applicant, upon their request, the reasons for the refusal, including the alternatives examined and the outcome of the coordination procedure.
   5.   In the cases referred to in Article 12(5) the operator of a service facility may refuse the request without complying with the requirements laid down in paragraphs 3 and 4 of this Article.
   6.   Where the applicant repeatedly failed to pay for access rights already granted and used, the operator of a service facility may request financial guarantees to safeguard its legitimate expectations about future revenues and utilisation of the facility. Information on such guarantees shall be published in the service facility description.
   Article 14
   Complaints
   Where the applicant complains to the regulatory body pursuant to Article 13(5) of Directive 2012/34/EU, that regulatory body shall, in assessing the impact of any decision it may take to grant an appropriate part of the capacity to the applicant, take into account at least the following elements, where these are relevant:

               —

               Contractual obligations and the viability of the business models of other users of the service facility affected;

               —

               overall volume of service facility capacity already allocated to other users affected;

               —

               investments made into the facility by other users affected;

               —

               availability of viable alternatives to accommodate needs of other users affected, including alternatives in other Member States in case of international train services;

               —

               the viability of the business model of the operator of the service facility;

               —

               access rights to connecting infrastructure.

         Article 15
   Unused facilities
   1.   Service facilities listed in point 2 of Annex II to Directive 2012/34/EU which have not been in use for at least two consecutive years shall be subject to expression of interest and lease or rent. Information on unused facilities shall be published in accordance with Article 5.
   2.   The two-year period referred to in paragraph 1 shall start on the day following the day on which a rail-related service was supplied in the service facility concerned for the last time.
   3.   An applicant interested in using a service facility listed in point 2 of Annex II to Directive 2012/34/EU which has not been in use for at least two consecutive years shall express its interest in writing to the operator of the facility concerned and inform the regulatory body thereof. Such an expression of interest shall demonstrate the needs of the railway undertaking concerned. The operator of the service facility may decide to resume operations in a way that satisfies the railway undertaking's demonstrated needs.
   4.   Where the owner of a service facility does not operate that facility, the operator of that facility shall inform the owner about the expression of interest within 10 days following its receipt. The owner of the facility shall publicise that the facility is available for lease or rent, as a whole or in part, unless the operator of the service facility has decided to resume operations after the expression of interest.
   5.   Before such publication is made, the owner of the service facility may allow the operator of the service facility to submit its observations on that publication within four weeks. The operator may object to that publication by submitting documents proving that there is an ongoing process of reconversion, launched before the expression of interest.
   6.   The regulatory body shall be informed by the owner about the reconversion process and may request documents from the operator in order to assess its plausibility.
   If the assessment is unsatisfactory the regulatory body shall require the publication of the operation of the facility as being for lease or rent, as a whole or in part.
   7.   Without prejudice to applicable public procurement rules, the owner of a service facility listed in point 2 of Annex II to Directive 2012/34/EU shall publicise on its web portal a notice on the lease or rent of the service facility concerned and shall inform thereof the regulatory body and the infrastructure manager to whose network the facility is connected. The publication shall include all information necessary to enable interested undertakings to submit an offer to take over operation of the facility, as a whole or in part. This information shall include in particular:

               (a)

               the details of the selection procedure which shall be transparent and non-discriminatory and take into account the objective of ensuring an optimum effective use of the capacity of the facility;

               (b)

               the selection criteria;

               (c)

               main characteristics of the technical equipment of the service facility;

               (d)

               the address and time limit for submission of tenders which shall be at least 30 days from publication of the notice.

         8.   The infrastructure manager concerned shall also publish on its web portal the information referred to in paragraph 7.
   9.   Without prejudice to applicable public procurement rules, the owner of a service facility listed in point 2 of Annex II to Directive 2012/34/EU shall select the successful candidate and make a reasonable offer without undue delay.
   10.   Member States may apply existing procedures for the regulatory control of decommissioning of service facilities. In this case the regulatory body may grant exemptions from the application of the provisions of this Article.
   Article 16
   Review
   By 1 June 2024, the Commission shall assess the application of this Regulation and based on the outcome of that assessment review it, if necessary.
   Article 17
   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.
   It shall apply from 1 June 2019.
   However, Article 2 shall apply from 1 January 2019.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 22 November 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 343, 14.12.2012, p. 32.

      (2)  Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports (OJ L 57, 3.3.2017, p. 1).

      (3)  Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102).


title: Commission Implementing Regulation (EU) 2018/96 of 9 January 2018 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Oignon doux des Cévennes’ (PDO))

text:
               23.1.2018

               EN

               Official Journal of the European Union

               L 17/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/96
   of 9 January 2018
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Oignon doux des Cévennes’ (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 France's application for the approval of amendments to the specification for the protected designation of origin ‘Oignon doux des Cévennes’, registered under Commission Regulation (EC) No 723/2008 (2), as amended by Commission Regulation (EU) No 686/2013 (3).

               (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
                   (4) 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 ‘Oignon doux des Cévennes’ (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, 9 January 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 723/2008 of 25 July 2008 registering certain names in the Register of protected designations of origin and protected geographical indications (Afuega'l Pitu (PDO), Mazapán de Toledo (PGI), Agneau de Lozère (PGI), Oignon doux des Cévennes (PDO), Butelo de Vinhais or Bucho de Vinhais or Chouriço de Ossos de Vinhais (PGI), Chouriça Doce de Vinhais (PGI)) (OJ L 198, 26.7.2008, p. 28).

      (3)  Commission Implementing Regulation (EU) No 686/2013 of 16 July 2013 approving minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Oignon doux des Cévennes (PDO)) (OJ L 196, 19.7.2013, p. 4).

      (4)  OJ C 294, 5.9.2017, p. 8.


title: Commission Implementing Regulation (EU) 2018/166 of 2 February 2018 amending Council Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya

text:
               3.2.2018

               EN

               Official Journal of the European Union

               L 31/82

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/166
   of 2 February 2018
   amending Council Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2015/1333/CFSP of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP (1),
   Having regard to Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 (2), and in particular Article 20(b) thereof,
   Whereas:

               (1)

               Annex V to Regulation (EU) 2016/44 lists vessels designated by the United Nations Sanctions Committee in accordance with paragraph 11 of United Nations Security Council Resolution (UNSCR) 2146 (2014). Those vessels are subject to a number of prohibitions under Regulation (EU) 2016/44, including the prohibition to load, transport or discharge crude oil from Libya and to access ports in the territory of the Union.

               (2)

               On 26 January 2018, the United Nations Security Council Committee renewed and amended the listing of vessel LYNN S subject to restrictive measures. Therefore, Annex V to Regulation (EU) 2016/44 should be amended accordingly.

               (3)

               In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex V to Council Regulation (EU) 2016/44 is amended as 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, 2 February 2018.

            For the Commission,

            On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 206, 1.8.2015, p. 34.

      (2)  OJ L 12, 19.1.2016, p. 1.

      ANNEX
      Annex V to Council Regulation (EU) 2016/44 is amended as follows:
      The entry:

                     ‘2.

                     Name: Lynn S
                     Listed pursuant to paragraphs 10(a) and 10 (b) of resolution 2146 (2014), as extended and modified by paragraph 2 of resolution 2362 (2017) (prohibition to load, transport or discharge; prohibition to enter ports). Pursuant to paragraph 11 of resolution 2146, this designation was renewed by the Committee on 31 October 2017 and is valid until 29 January 2018, unless terminated earlier by the Committee pursuant to paragraph 12 of resolution 2146. Flag State: Saint Vincent and the Grenadines.

                        Additional information

                     Listed on 2 August 2017. IMO: 8706349. As of 6 October 2017, the vessel was located in the territorial waters of Lebanon, when it set sail heading West.’

      is replaced by the following:

                     ‘2.

                     Name: Lynn S
                     Listed pursuant to paragraphs 10(a) and 10 (b) of resolution 2146 (2014), as extended and modified by paragraph 2 of resolution 2362 (2017) (prohibition to load, transport or discharge; prohibition to enter ports). Pursuant to paragraph 11 of resolution 2146, this designation was renewed by the Committee on 26 January 2018 (previous extension valid until 29 January 2018) and is valid until 28 April 2018, unless terminated earlier by the Committee pursuant to paragraph 12 of resolution 2146. Flag State: Saint Vincent and the Grenadines.

                        Additional information

                     Listed on 2 August 2017. IMO: 8706349. As of 6 October 2017, the vessel was located in the territorial waters of Lebanon, when it set sail heading West.’


title: Commission Implementing Regulation (EU) 2018/567 of 12 April 2018 opening and providing for the administration of import tariff quotas of sausages and pig meat originating in Iceland (Text with EEA relevance. )

text:
               13.4.2018

               EN

               Official Journal of the European Union

               L 95/11

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/567
   of 12 April 2018
   opening and providing for the administration of import tariff quotas of sausages and pig meat originating in Iceland
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular points (a) and (b) of Article 187 thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 759/2007 (2) provides for the opening by the European Union of an annual tariff quota of 100 tons of sausages originating in Iceland as set out in the Agreement in the form of an Exchange of Letters between the European Union and the Iceland, approved by Council Decision 2007/138/EC (3).

               (2)

               The European Union and Iceland signed an Agreement in the form of an Exchange of Letters (hereafter ‘the new Agreement’) concerning additional trade preferences in agricultural products on 23 March 2017. The signature of the new Agreement on behalf of the European Union was authorised by Council Decision (EU) 2016/2087 (4) and its conclusion by Council Decision (EU) 2017/1913 (5).

               (3)

               In accordance with Annex V to the new Agreement the European Union is to open a new annual duty-free quota for the import of 500 tons of pig meat originating in Iceland.

               (4)

               Given that certain provisions of Regulation (EC) No 759/2007 should be updated, it is appropriate to replace that Regulation by a new one which should also provide for the opening and the administration of the new quota of 500 tons of pig meat.

               (5)

               According to both Agreements the tariff quotas are to be opened annually and imports should therefore be managed on a calendar-year basis.

               (6)

               The tariff quotas should be managed by the Commission on the basis of the chronological order of dates of acceptance of customs declarations for release for free circulation in accordance with the rules on the management of tariff quotas laid down in Commission Implementing Regulation (EU) 2015/2447 (6).

               (7)

               The new Agreement sets that products benefitting from the tariff quota are to comply mutatis mutandis with the provisions set out in its Protocol 3 concerning the definition of ‘originating products’ and methods of administrative cooperation, as amended by Decision No 2/2005 of the EC-Iceland Joint Committee (7).

               (8)

               The new Agreement provides for entry into force on 1 May 2018. Therefore, this Regulation should apply from the same date.

               (9)

               For 2018, the new quota for pig meat, to be made available pursuant to the new Agreement, should be calculated on a prorata basis, taking into account its date of entry into force.

               (10)

               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
   Union tariff quotas are hereby opened for pig meat falling within CN code 0203 and sausages falling within CN code ex 1601 originating in Iceland (hereinafter ‘the tariff quotas’), as set out in the Annex to this Regulation.
   The tariff quotas shall be opened for the period from 1 January to 31 December.
   Article 2
   The tariff quotas set out in the Annex to this Regulation shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.
   Article 3
   Protocol 3 to the Agreement between the European Economic Community and Iceland, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, as amended by Decision No 2/2005 of the EC-Iceland Joint Committee, shall apply mutatis mutandis to products listed in the Annex to this Regulation.
   Article 4
   Regulation (EC) No 759/2007 is repealed.
   Article 5
   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 May 2018.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 April 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Commission Regulation (EC) No 759/2007 of 29 June 2007 opening and providing for the administration of an import tariff quota of sausages originating in Iceland (OJ L 172, 30.6.2007, p. 48).

      (3)  Council Decision 2007/138/EC of 22 February 2007 concerning the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Iceland concerning additional trade preferences in agricultural products undertaken on the basis of Article 19 of the Agreement on the European Economic Area (OJ L 61, 28.2.2007, p. 28).

      (4)  Council Decision (EU) 2016/2087 of 14 November 2016 on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products (OJ L 324, 30.11.2016, p. 1).

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

      (6)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

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

      ANNEX

                  Order Number

                  CN codes

                  Description

                  Annual quantity
                  (in tons net weight)

                  Rate of quota duty

                  09.0832

                  ex 1601 00 10
                  1601 00 91
                  ex 1601 00 99

                  Sausages

                  100

                  0

                  09.0831

                  0203

                  Meat of swine, fresh, chilled or frozen

                  From 1.5.2018 to 31.12.2018:
                  167
                  For each calendar year from 1.1.2019:
                  500

                  0


title: Commission Implementing Regulation (EU) 2018/578 of 13 April 2018 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds

text:
               17.4.2018

               EN

               Official Journal of the European Union

               L 97/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/578
   of 13 April 2018
   amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for international trade in rough diamonds (1), and in particular Article 20 thereof,
   Whereas:

               (1)

               Annex II to Regulation (EC) No 2368/2002 lists the Participants in the Kimberley Process (KP) certification scheme and their duly appointed competent authorities.

               (2)

               The addresses of the competent authorities of several participants in the Kimberley Process require an update.

               (3)

               In November 2016, the KP Plenary furthermore agreed on the re-admission of Venezuela to the KP certification scheme. This decision follows the outcome of a written procedure and allows Venezuela to resume exports of rough diamonds.

               (4)

               Annex II to Regulation (EC) No 2368/2002 should be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex II to Regulation (EC) No 2368/2002 is replaced by the text 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, 13 April 2018.

            For the Commission,

            On behalf of the President,

         Federica MOGHERINI

            Vice-President

      (1)  OJ L 358, 31.12.2002, p. 28.

      ANNEX
      ‘
            ANNEX II

               List of participants in the Kimberley Process certification scheme and their duly appointed competent authorities as referred to in Articles 2, 3, 8, 9, 12, 17, 18, 19 and 20

                        ANGOLA

                        Ministry of Geology and Mines

                        Predio Geominas, 2° Andar C.P # 1260

                        Luanda

                        Angola

                        ARMENIA

                        Department of Gemstones and Jewellery

                        Ministry of Trade and Economic Development

                        M. Mkrtchyan 5

                        Yerevan

                        Armenia

                        AUSTRALIA

                        Department of Foreign Affairs and Trade

                        Trade Development Division

                        R.G. Casey Building

                        John McEwen Crescent

                        Barton ACT 0221

                        Australia

                        BANGLADESH

                        Export Promotion Bureau

                        TCB Bhaban

                        1, Karwan Bazaar

                        Dhaka

                        Bangladesh

                        BELARUS

                        Ministry of Finance

                        Department for Precious Metals and Precious Stones

                        Sovetskaja Str, 7

                        220010 Minsk

                        Republic of Belarus

                        BOTSWANA

                        Ministry of Minerals, Green Technology and Energy Security (MMGE)

                        Fairgrounds Office Park, Plot No. 50676 Block C

                        P/Bag 0018

                        Gaborone

                        Botswana

                        BRAZIL

                        Ministry of Mines and Energy

                        Esplanada dos Ministérios, Bloco ‘U’, 4o andar

                        70065, 900 Brasilia, DF

                        Brazil

                        CAMBODIA

                        Ministry of Commerce

                        Lot 19-61, MOC Road (113 Road), Phum Teuk Thla, Sangkat Teuk Thla

                        Khan Sen Sok, Phnom Penh

                        Cambodia

                        CAMEROON

                        National Permanent Secretariat for the Kimberley Process

                        Ministry of Mines, Industry and Technological Development

                        Intek Building, 6th floor,

                        Narvik Street

                        BP 35601 Yaounde

                        Cameroon

                        CANADA

                        International:

                        Global Affairs Canada Natural Resources and Governance Division (MES) 125 Sussex Drive Ottawa, Ontario K1A 0G2

                        Canada

                        For General Enquiries at Natural Resources Canada:

                        Kimberley Process Office

                        Lands and Minerals Sector Natural Resources Canada (NRCan)

                        580 Booth Street, 10th floor

                        Ottawa, Ontario

                        Canada K1A 0E4

                        CENTRAL AFRICAN REPUBLIC

                        Secrétariat permanent du processus de Kimberley

                        BP: 26 Bangui

                        Central African Republic

                        CHINA, People's Republic of

                        Department of Inspection and Quarantine Clearance

                        General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ)

                        9 Madian East Road

                        Haidian District, Beijing 100088

                        People's Republic of China

                        COTE D'IVOIRE

                        Ministère de l'Industrie et des Mines

                        Secrétariat Permanent de la Représentation en Côte d'Ivoire du Processus de Kimberley (SPRPK-CI)

                        Abidjan-Plateau, Immeuble les Harmonies II

                        Abidjan

                        Côte d'Ivoire

                        HONG KONG, Special Administrative Region of the People's Republic of China

                        Department of Trade and Industry

                        Hong Kong Special Administrative Region

                        Peoples Republic of China

                        Room 703, Trade and Industry Tower

                        700 Nathan Road

                        Kowloon

                        Hong Kong

                        China

                        CONGO, Democratic Republic of

                        Centre d'Expertise, d'Evaluation et de Certification des Substances Minérales Précieuses et Semi-précieuses (CEEC)

                        3989, av des cliniques

                        Kinshasa/Gombe

                        Democratic Republic of Congo

                        CONGO, Republic of

                        Bureau d'Expertise, d'Evaluation et de Certification des Substances Minérales Précieuses (BEEC)

                        BP 2787

                        Brazzaville

                        Republic of Congo

                        EUROPEAN UNION

                        European Commission

                        Service for Foreign Policy Instruments

                        Office EEAS 03/330

                        B-1049 Bruxelles/Brussel

                        Belgium

                        GHANA

                        Ministry of Lands and Natural Resources

                        Accra P.O. Box M 212

                        Ghana

                        GUINEA

                        Ministry of Mines and Geology

                        Boulevard du Commerce – BP 295

                        Quartier Almamya / Commune de Kaloum

                        Conakry

                        Guinea

                        GUYANA

                        Geology and Mines Commission

                        P O Box 1028

                        Upper Brickdam

                        Stabroek

                        Georgetown

                        Guyana

                        INDIA

                        Government of India, Ministry of Commerce & Industry

                        Udyog Bhawan

                        New Delhi 110 011

                        India

                        INDONESIA

                        Directorate of Export and Import Facility, Ministry of Trade M. I. Ridwan Rais Road, No. 5 Blok I Iantai 4

                        Jakarta Pusat Kotak Pos. 10110

                        Jakarta

                        Indonesia

                        ISRAEL

                        Ministry of Economy and Industry Office of the Diamond Controller

                        3 Jabotinsky Road

                        Ramat Gan 52520

                        Israel

                        JAPAN

                        United Nations Policy Division

                        Foreign Policy Bureau

                        Ministry of Foreign Affairs

                        2-2-1 Kasumigaseki, Chiyoda-ku

                        100-8919 Tokyo, Japan

                        Japan

                        KAZAKHSTAN

                        Ministry for Investments and Development of the Republic of Kazakhstan

                        Committee for Technical Regulation and Metrology

                        11, Mangilik el street

                        Astana

                        Republic of Kazakhstan

                        KOREA, Republic of

                        Ministry of Foreign Affairs

                        United Nations Division 60 Sajik-ro 8-gil

                        Jongno-gu

                        Seoul 03172

                        Korea

                        LAOS, People's Democratic Republic

                        Department of Import and Export

                        Ministry of Industry and Commerce

                        Phonxay road, Saisettha District

                        Vientiane, Lao PDR

                        P.O Box: 4107

                        Laos

                        LEBANON

                        Ministry of Economy and Trade

                        Lazariah Building

                        Down Town

                        Beirut

                        Lebanon

                        LESOTHO

                        Department of Mines

                        Ministry of Mining

                        Corner Constitution and Parliament Road

                        P.O. Box 750

                        Maseru 100

                        Lesotho

                        LIBERIA

                        Government Diamond Office

                        Ministry of Lands, Mines and Energy

                        Capitol Hill

                        P.O. Box 10-9024

                        1000 Monrovia 10

                        Liberia

                        MALAYSIA

                        Ministry of International Trade and Industry

                        MITI Tower,

                        No.7, Jalan Sultan Haji Ahmad Shah 50480 Kuala Lumpur

                        Malaysia

                        MALI

                        Ministère des Mines

                        Bureau d'Expertise d'Evaluation et de Certification des Diamants Bruts

                        Cité administrative, batiman no. 3, 3eme étage

                        Bamako

                        République du Mali

                        MAURITIUS

                        Import Division

                        Ministry of Industry, Commerce & Consumer Protection 4th Floor, Anglo Mauritius Building

                        Intendance Street

                        Port Louis

                        Mauritius

                        MEXICO

                        Directorate-General for International Trade in Goods 296 Paseo de la Reforma Avenue, 23th Floor

                        Mexico City, D.F. 06600

                        Mexico

                        NAMIBIA

                        The Government of Republic of Namibia Ministry of Mines and Energy

                        Directorate of Diamond Affairs Private Bag 13297

                        1st Aviation Road (Eros Airport)

                        Windhoek

                        Namibia

                        NEW ZEALAND

                        Middle East and Africa Division

                        Ministry of Foreign Affairs and Trade

                        Private Bag 18 901

                        Wellington

                        New Zealand

                        NORWAY

                        Ministry of Foreign Affairs

                        Legal Department

                        Box 8114 Dep

                        0032 Oslo, Norway

                        PANAMA

                        National Customs Authority

                        Panama City, Curundu, Dulcidio Gonzalez Avenue, building # 1009

                        Republic of Panama

                        RUSSIAN FEDERATION

                        International:

                        Ministry of Finance

                        9, Ilyinka Street

                        109097 Moscow

                        Russia

                        Import and Export Authority:

                        Gokhran of Russia

                        14, 1812 Goda St.

                        121170 Moscow

                        Russia

                        SIERRA LEONE

                        Ministry of Mines and Mineral Resources

                        The Permanent Secretary

                        Youyi Building

                        Brookfields

                        Freetown

                        Sierra Leone

                        SINGAPORE

                        Ministry of Trade and Industry

                        100 High Street

                        #09-01, The Treasury

                        Singapore 179434

                        SOUTH AFRICA

                        South African Diamond and Precious Metals Regulator

                        SA Diamond Centre

                        251 Fox Street

                        Johannesburg 2000

                        South Africa

                        SRI LANKA

                        National Gem and Jewellery Authority

                        25, Galleface Terrace

                        Post Code 00300

                        Colombo 03

                        Sri Lanka

                        SWAZILAND

                        Office for the Commissioner of Mines

                        Geological Surveys, Minerals and Mines Departments, Third Floor Lilunga Building (West Wing),Somhlolo Road, Mbabane

                        Swaziland

                        SWITZERLAND

                        State Secretariat for Economic Affairs (SECO)

                        Sanctions Unit

                        Holzikofenweg 36

                        CH-3003 Berne/Switzerland

                        TAIWAN, PENGHU, KINMEN AND MATSU, SEPARATE CUSTOMS TERRITORY

                        Export/Import Administration Division

                        Bureau of Foreign Trade

                        Ministry of Economic Affairs

                        1, Hu Kou Street

                        Taipei, 100

                        Taiwan

                        TANZANIA

                        Commission for Minerals

                        Ministry of Energy and Minerals

                        Kikuyu Avenue, P.O BOX

                        422, 40744 Dodoma

                        Tanzania

                        THAILAND

                        Department of Foreign Trade

                        Ministry of Commerce

                        563 Nonthaburi Road

                        Muang District, Nonthaburi 11000

                        Thailand

                        TOGO

                        The Ministry of Mines and Energy

                        Head Office of Mines and Geology

                        6, Avenue Sarakawa

                        B.P. 356

                        Lomé

                        Togo

                        TURKEY

                        Foreign Exchange Department

                        Undersecretariat of Treasury

                        T.C. Bașbakanlık Hazine

                        Müsteșarlığı İnönü Bulvarı No 36

                        06510 Emek, Ankara

                        Turkey

                        Import and Export Authority:

                        Istanbul Gold Exchange / Borsa Istanbul Precious Metals and Diamond

                        Market (BIST)

                        Borsa İstanbul, Resitpasa Mahallesi,

                        Borsa İstanbul Caddesi No 4

                        Sariyer, 34467, Istanbul

                        Turkey

                        UKRAINE

                        Ministry of Finance

                        State Gemological Centre

                        Degtyarivska St. 38-44

                        Kiev 04119

                        Ukraine

                        UNITED ARAB EMIRATES

                        U.A.E. Kimberley Process Office

                        Dubai Multi Commodities Centre

                        Dubai Airport Free Zone

                        Emirates Security Building

                        Block B, 2nd Floor, Office # 20

                        P.O. Box 48800

                        Dubai

                        United Arab Emirates

                        UNITED STATES OF AMERICA

                        United States Kimberley Process Authority

                        U.S. Department of State

                        Bureau of Economic and Business Affairs

                        2201 C Street, NW

                        Washington DC 20520 United States of America

                        VENEZUELA

                        Central Bank of Venezuela

                        36 Av. Urdaneta, Caracas, Capital District

                        Caracas

                        ZIP Code 1010

                        Venezuela

                        VIETNAM

                        Ministry of Industry and Trade

                        Agency of Foreign Trade 54 Hai Ba Trung

                        Hoan Kiem

                        Hanoi

                        Vietnam

                        ZIMBABWE

                        Principal Minerals Development Office

                        Ministry of Mines and Mining Development

                        6th Floor, ZIMRE Centre

                        Cnr L.Takawira St/ K. Nkrumah Ave.

                        Harare

                        Zimbabwe

                  ’


title: Commission Implementing Regulation (EU) 2018/878 of 18 June 2018 adopting the list of Member States, or parts of the territory of Member States, that comply with the rules for categorisation laid down in Article 2(2) and (3) of Delegated Regulation (EU) 2018/772 concerning the application of preventive health measures for the control of Echinococcus multilocularis infection in dogs (Text with EEA relevance.)

text:
               19.6.2018

               EN

               Official Journal of the European Union

               L 155/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/878
   of 18 June 2018
   adopting the list of Member States, or parts of the territory of Member States, that comply with the rules for categorisation laid down in Article 2(2) and (3) of Delegated Regulation (EU) 2018/772 concerning the application of preventive health measures for the control of Echinococcus multilocularis infection in dogs
   (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 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (1), and in particular Article 20 thereof,
   Whereas:

               (1)

               Regulation (EU) No 576/2013 lays down rules applicable to the non-commercial movement of dogs, cats and ferrets into Member States. Article 19 provides, in particular, for the application of preventive health measures to ensure the control of diseases and infections other than rabies that are likely to be spread due to the movement of those animals.

               (2)

               Article 19 of Regulation (EU) No 576/2013 also provides for the adoption of rules for the categorisation of Member States, or parts thereof, according to their animal health status and their surveillance and reporting systems with regard to certain diseases or infections other than rabies. Member States, or parts thereof, that comply with those categorisation rules may be included in a list to be adopted under Article 20 of that Regulation.

               (3)

               Pursuant to Article 19(1) of Regulation (EU) No 576/2013, the Commission has adopted Delegated Regulation (EU) 2018/772 (2) authorising the application of preventive health measures for the control of Echinococcus multilocularis infection in dogs, laying down the rules for the categorisation of Member States, or parts thereof, with regard to that infection, and establishing the conditions that Member States must fulfil in order to remain eligible to apply those preventive health measures.

               (4)

               The categorisation rules laid down in Delegated Regulation (EU) 2018/772 include the conditions that Member States are to fulfil in order to demonstrate either that wild red foxes are absent from the whole of their territory or else, if wild definitive host animals likely to harbour the Echinococcus multilocularis parasite are present in the whole or parts of their territory, that there has been no occurrence of Echinococcus multilocularis infection recorded in those animals. Member States or parts thereof listed under Article 20 of Regulation (EU) No 576/2013 as complying with those categorisation rules are eligible to apply the preventive health measures specified in Delegated Regulation (EU) 2018/772.

               (5)

               Delegated Regulation (EU) 2018/772 is intended to replace Commission Delegated Regulation (EU) No 1152/2011 (3), which contains similar preventive health measures for the control of Echinococcus multilocularis infection in dogs and lists Finland, Ireland, Malta and the United Kingdom as the Member States authorised to apply those measures. Finland, Ireland, Malta and the United Kingdom have remained eligible to apply those preventive health measures in accordance with the conditions established in Delegated Regulation (EU) No 1152/2011 on the basis of continuous evidence of the absence of the Echinococcus multilocularis parasite in their wild definitive host populations or, in the case of Malta, on the basis of evidence that there is no suitable wild definitive host population on the island and the Echinococcus multilocularis parasite has never been recorded in domestic definitive host animals.

               (6)

               The wild red fox is described as a species not present in any part of Malta according to the International Union for Conservation of Nature. On that basis and on the basis of the evidence referred to in recital (5), Malta is deemed to comply with the rules for categorisation laid down in Article 2(2) of Delegated Regulation (EU) 2018/772 for the whole of its territory. Malta should therefore be listed as complying with those categorisation rules for the whole of its territory.

               (7)

               A wild definitive host population likely to harbour the Echinococcus multilocularis parasite, namely a red fox population, is present in the whole of Finland, Ireland and the United Kingdom. Since 1 January 2012, all three Member States have been implementing pathogen-specific surveillance programmes for their red fox populations in accordance with the requirements of Delegated Regulation (EU) No 1152/2011 and, in each case, no occurrence of the Echinococcus multilocularis infection has been recorded in those populations. Any occurrences of the infection are compulsorily notifiable under their national law. Finland, Ireland and the United Kingdom are therefore deemed to comply with the rules for categorisation laid down in Article 2(3) of Delegated Regulation (EU) 2018/772 for the whole of their territory. Finland, Ireland and the United Kingdom should therefore be listed as complying with those categorisation rules for the whole of their territory.

               (8)

               Delegated Regulation (EU) 2018/772 provides for the repeal of Delegated Regulation (EU) No 1152/2011 with effect from 1 July 2018. In order to avoid any gap in the application of preventive health measures with respect to dogs entering Finland, Ireland, Malta and the United Kingdom, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union and should apply from 1 July 2018.

               (9)

               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 list of Member States complying for the whole of their territory with the rules for categorisation laid down in Article 2(2) of Delegated Regulation (EU) 2018/772 is set out in Part 1 of the Annex to this Regulation.
   Article 2
   The list of Member States or parts of the territory of Member States complying with the rules for categorisation laid down in Article 2(3) of Delegated Regulation (EU) 2018/772 is set out in Part 2 of the Annex to this Regulation.
   Article 3
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 July 2018.

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

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 178, 28.6.2013, p. 1.

      (2)  Commission Delegated Regulation (EU) 2018/772 of 21 November 2017 supplementing Regulation (EU) No 576/2013 of the European Parliament and of the Council with regard to preventive health measures for the control of Echinococcus multilocularis infection in dogs and repealing Delegated Regulation (EU) No 1152/2011 (OJ L 130, 28.5.2018, p. 1).

      (3)  Commission Delegated Regulation (EU) No 1152/2011 of 14 July 2011 supplementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards the preventive health measures for the control of Echinococcus multilocularis infection in dogs (OJ L 296, 15.11.2011, p. 6).

      ANNEX
      PART 1
      List of Member States complying for the whole of their territory with the rules for categorisation laid down in Article 2(2) of Delegated Regulation (EU) 2018/772

                  ISO country code

                  Member State

                  MT

                  MALTA

            PART 2
      List of Member States or parts of the territory of Member States complying with the rules for categorisation laid down in Article 2(3) of Delegated Regulation (EU) 2018/772

                  ISO country code

                  Member State

                  Whole/parts of territory

                  FI

                  FINLAND

                  Whole territory

                  GB

                  UNITED KINGDOM

                  Whole territory

                  IE

                  IRELAND

                  Whole territory


title: Commission Implementing Regulation (EU) 2018/979 of 11 July 2018 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

text:
               12.7.2018

               EN

               Official Journal of the European Union

               L 176/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/979
   of 11 July 2018
   amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to ouncil Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,
   Whereas:

               (1)

               Annex III to Regulation (EC) No 1210/2003 lists public bodies, corporations and agencies and natural and legal persons, bodies and entities of the previous government of Iraq covered by the freezing of funds and economic resources that were located outside Iraq on the date of 22 May 2003 under that Regulation.

               (2)

               On 5 July 2018, the Sanctions Committee of the United Nations Security Council decided to remove one entry from the list of persons or entities to whom the freezing of funds and economic resources should apply,

               (3)

               Annex III to Regulation (EC) No 1210/2003 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex III to Regulation (EC) No 1210/2003 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, 11 July 2018.

            For the Commission,

            On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 169, 8.7.2003, p. 6.

      ANNEX
      In Annex III to Regulation (EC) No 1210/2003, the following entry is deleted:

                     ‘44.

                     GENERAL ESTABLISHMENT FOR GRAIN TRADING (alias (a) GRAIN BOARD OF IRAQ; (b) STATE ORGANISATION OF GRAIN). Addresses: (a) P.O. Box 329, Bab Al Mouadham-Midan, Baghdad, Iraq; (b) P.O. Box 2261, Allque, Irkheta, Karada Al-Shakira, Baghdad, Iraq.’