title: Commission Implementing Regulation (EU) 2018/1506 of 10 October 2018 on exceptional market support measures for the eggs and poultrymeat sectors in Italy

text:
                  11.10.2018

                  EN

                  Official Journal of the European Union

                  L 255/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1506
         of 10 October 2018
         on exceptional market support measures for the eggs and poultrymeat sectors in Italy
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 220(1)(a) thereof,
         Whereas:

                     (1)

                     Between 30 April 2016 and 28 September 2017, 43 outbreaks of highly pathogenic avian influenza of subtype H5 and H7 were confirmed and notified by Italy. The species affected are ducks, turkeys, Guinea fowls, and Gallus domesticus chicks, chickens, pullets and laying hens.

                     (2)

                     Italy immediately and efficiently took all the necessary animal health and veterinary measures required in accordance with Council Directive 2005/94/EC (2).

                     (3)

                     In particular, Italy took control, monitoring and preventive measures and established protection and surveillance zones (‘the regulated zones’) pursuant to Commission Implementing Decisions (EU) 2016/697 (3), (EU) 2017/155 (4), (EU) 2017/247 (5) (EU) 2017/263 (6), (EU) 2017/417 (7), (EU) 2017/554 (8), (EU) 2017/696 (9), (EU) 2017/780 (10), (EU) 2017/977 (11), (EU) 2017/1397 (12), (EU) 2017/1415 (13), (EU) 2017/1484 (14), (EU) 2017/1519 (15) and (EU) 2017/1593 (16).

                     (4)

                     Italy informed the Commission that the necessary health and veterinary measures, which had been applied to contain and eradicate the spread of the disease, had affected a very large number of operators and that those operators suffered income losses not eligible for Union financial contribution under Regulation (EU) No 652/2014 of the European Parliament and of the Council (17).

                     (5)

                     On 9 March 2018, the Commission received a formal request from Italy for part-financing of certain exceptional measures pursuant to Article 220(3) of Regulation (EU) No 1308/2013 for the outbreaks confirmed between 30 April 2016 and 28 September 2017. On 1 June 2018, 14 June 2018, 22 June 2018 and 11 July 2018 Italian authorities clarified and documented their request.

                     (6)

                     As a result of the animal health and veterinary measures referred to in recital 3, fallowing periods were prolonged, placing of birds was prohibited and movements were restricted on holdings of all types of poultry in the regulated zones established following outbreaks of highly pathogenic avian influenza of subtype H5 and H7. This concerned the following species: ducks, turkeys, Guinea fowls, and Gallus domesticus chicks, chickens, pullets and laying hens. This led to a loss of production of hatching eggs, consumption eggs and poultry meat in these holdings. It is therefore appropriate to compensate the losses due to destructed, processed and downgraded eggs as well as non-produced animals, longer rearing or culling.

                     (7)

                     In accordance with Article 220(5) of Regulation (EU) No 1308/2013, the Union part-financing has to be equivalent to 50 % of the expenditure borne by Italy for the exceptional market support measures. The maximum quantities eligible for financing in respect of each exceptional market support measure should be fixed by the Commission after scrutinising the request related to outbreaks confirmed between 30 April 2016 and 28 September 2017 received from Italy.

                     (8)

                     To avoid any risk of overcompensation, the flat rate amount of part-financing should be based on technical and economic studies or accounting documents and fixed at an appropriate level for each animal and product according to categories.

                     (9)

                     To avoid any risk of double funding, losses suffered should not have been compensated by state aid or insurance and the Union part-financing under this Regulation should be limited to eligible animals and products for which no Union financial contribution has been received under Regulation (EU) No 652/2014.

                     (10)

                     The extent and duration of the exceptional market support measures provided for in this Regulation should be limited to what is strictly necessary to support the market. In particular, the exceptional market support measures should apply only to the production of poultry and eggs in the holdings located in the regulated zones and for the duration of the animal health and veterinary measures laid down in the Union and Italian legislation relevant to the 43 outbreaks of highly pathogenic avian influenza confirmed between 30 April 2016 and 28 September 2017, and to the respective regulated zones.

                     (11)

                     To ensure flexibility in case the numbers of animals or eggs eligible for compensation differ from the maximum numbers set in this Regulation which are based on estimates, compensation may be adjusted within certain limits, as long as the maximum amount of expenditure part-financed by the Union is respected.

                     (12)

                     For the sake of a sound budgetary management of these exceptional market support measures, only those payments made by Italy to beneficiaries by 30 September 2019 at the latest, should be eligible for Union part-financing. Article 5(2) of Commission Delegated Regulation (EU) No 907/2014 (18) should not be applicable.

                     (13)

                     In order to ensure the eligibility and the correctness of the payments, Italy should carry out ex-ante checks.

                     (14)

                     To allow the Union to perform its financial control, Italy should communicate to the Commission the clearance of payments.

                     (15)

                     In order to ensure an immediate implementation of the measures laid down in this Regulation by Italy, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

                     (16)

                     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
            The Union shall provide part-financing equivalent to 50 % of the expenditure borne by Italy to support the market of hatching eggs, consumption eggs and poultry meat seriously affected by the 43 outbreaks of highly pathogenic avian influenza of subtype H5 and H7 which were detected and notified by Italy between 30 April 2016 and 28 September 2017.

            Article 2
            Expenditure borne by Italy shall be eligible for Union part-financing only:

                        (a)

                        for the duration of the application of animal health and veterinary measures referred to in Union and Italian legislation listed in the Annex and related to the period laid down in Article 1; and

                        (b)

                        for those poultry holdings that have been subject to the animal health and veterinary measures and located in the zones referred to in Union and Italian legislation listed in the Annex (‘the regulated zones’); and

                        (c)

                        if it has been paid by Italy to the beneficiaries by 30 September 2019 at the latest. Article 5(2) of Delegated Regulation (EU) No 907/2014 shall not apply; and

                        (d)

                        if the animal or product, for the period referred to in point (a), has not benefitted from any compensation by means of state aid or insurance and for which no Union financial contribution has been received under Regulation (EU) No 652/2014.

            Article 3

               1.   The maximum level of Union part-financing shall be EUR 11,1 million, detailed as follows:

                           (a)

                           for the loss of production of poultry located in the regulated zone, the following flat rates shall apply:

                                       (i)

                                       EUR 0,11 per hatching egg falling within CN code 0407 11 00, destructed, up to a maximum of 2 320 318 eggs,

                                       (ii)

                                       EUR 0,07895 per hatching egg falling within CN code 0407 11 00 processed into egg products, up to a maximum of 2 935 380 eggs,

                                       (iii)

                                       EUR 0,057 per hatching egg falling within CN code 0407 11 00 downgraded to pet food, up to a maximum of 190 000 eggs,

                                       (iv)

                                       EUR 0,019 per cage egg falling within CN code 0407 11 00 processed into egg products up to a maximum of 5 788 593 eggs,

                                       (v)

                                       EUR 0,02375 per barn egg falling within CN code 0407 11 00 processed into egg products up to a maximum of 37 903 308 eggs,

                                       (vi)

                                       EUR 0,085 per week per female fattening turkey falling within the CN code 0105 99 30 up to a maximum of 1 342 757 animals,

                                       (vii)

                                       EUR 0,129 per week per male fattening turkey falling within the CN code 0105 99 30 up to a maximum of 2 397 112 animals,

                                       (viii)

                                       EUR 0,045 per week per Guinea fowl falling within the CN code 0105 99 50 up to a maximum of 194 548 animals,

                                       (ix)

                                       EUR 0,045 per week per broiler falling within the CN code 0105 94 00 up to a maximum of 27 626 088 animals,

                                       (x)

                                       EUR 0,12385 per week per fattening duck falling within the CN code 0105 99 10 up to a maximum of 41 302 animals,

                                       (xi)

                                       EUR 0,085 per week per cage laying hen falling within the CN code 0105 94 00 up to a maximum of 176 000 animals,

                                       (xii)

                                       EUR 0,1065 per week per barn laying hen falling within the CN code 0105 94 00 up to a maximum of 932 625 animals,

                                       (xiii)

                                       EUR 0,04 per week per barn pullet falling within the CN code 0105 94 00 up to a maximum of 414 900 animals;

                           (b)

                           for losses related to longer rearing due to transfer ban in the regulated zones, the following flat rates shall apply per animal:

                                       (i)

                                       EUR 0,115 per week per standard pullet falling within the CN code 0105 94 00 up to a maximum of 400 553 animals,

                                       (ii)

                                       EUR 0,0995 per week per standard chicken falling within the CN code 0105 94 00 up to a maximum of 754 942 animals,

                                       (iii)

                                       EUR 0,0995 per week per Guinea fowl falling within the CN code 0105 99 50 up to a maximum of 1 277 animals,

                                       (iv)

                                       EUR 0,46 per week per standard turkey falling within the CN code 0105 99 30 up to a maximum of 12 662 animals,

                                       (v)

                                       EUR 8,46 per over-sized turkey falling within the CN code 0105 99 30 up to a maximum of 12 662 animals,

                                       (vi)

                                       EUR 0,2618 per week per fattening duck falling within the CN code 0105 99 10 up to a maximum of 7 700 animals;

                           (c)

                           for culling of poultry in the regulated zones, the following flat rates shall apply per animal:

                                       (i)

                                       EUR 0,5183 per female turkey falling within the CN code 0105 12 00 up to a maximum of 144 580 animals,

                                       (ii)

                                       EUR 1,03 per male turkey falling within the CN code 0105 12 00 up to a maximum of 186 080 animals,

                                       (iii)

                                       EUR 0,18375 per chicken falling within the CN code 0105 11 19 up to a maximum of 37 000 animals,

                                       (iv)

                                       EUR 0,20875 per rural chicken falling within the CN code 0105 11 19 up to a maximum of 779 519 animals;

                           (d)

                           for loss of production of breeders located in the regulated zones, the following flat rates shall apply per animal:

                                       (i)

                                       EUR 0,1815 per broiler falling within the CN code 0105 94 00 up to a maximum of 853 692 animals,

                                       (ii)

                                       EUR 1,2225 per turkey falling within the CN code 0105 99 30 up to a maximum of 48 050 animals.

               2.   Where the number of animals or eggs eligible for compensation exceeds the maximum number of animals or eggs per item set in paragraph 1, expenditure eligible for Union part-financing may be adjusted per item and go beyond the amounts resulting from the application of the maximum numbers per item, provided that the total of adjustments remains below 10 % of the maximum level of expenditure part-financed by the Union referred to in paragraph 1.

            Article 4
            Italy shall carry out administrative and physical checks in accordance with Articles 58 and 59 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council (19).
            In particular, Italy shall verify:

                        (a)

                        the eligibility of the applicant submitting the request for support;

                        (b)

                        for each eligible applicant: the eligibility, the quantity and the value of the actual loss of production;

                        (c)

                        that funding has not been received by any eligible applicant from any other sources to compensate the losses referred to in Article 2 of this Regulation.

                  For eligible applicants for which administrative checks are completed, aid can be paid without waiting for all checks being made, notably those on applicants selected for on-the-spot checks.
            In cases where the eligibility of an applicant was not confirmed, the aid shall be recovered and sanctions applied.

            Article 5
            Italy shall communicate to the Commission the clearance of payments.

            Article 6
            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, 10 October 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16).

            (3)  Commission Implementing Decision (EU) 2016/697 of 4 May 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Italy (OJ L 120, 5.5.2016, p. 35).

            (4)  Commission Implementing Decision (EU) 2017/155 of 26 January 2017 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 23, 28.1.2017, p. 25).

            (5)  Commission Implementing Decision (EU) 2017/247 of 9 February 2017 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 36, 11.2.2017, p. 62).

            (6)  Commission Implementing Decision (EU) 2017/263 of 14 February 2017 on risk mitigating and reinforced biosecurity measures and early detection systems in relation to the risks posed by wild birds for the transmission of highly pathogenic avian influenza viruses to poultry (OJ L 39, 16.2.2017, p. 6).

            (7)  Commission Implementing Decision (EU) 2017/417 of 7 March 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 63, 9.3.2017, p. 177).

            (8)  Commission Implementing Decision (EU) 2017/554 of 23 March 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 79, 24.3.2017, p. 15).

            (9)  Commission Implementing Decision (EU) 2017/696 of 11 April 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 101, 12.4.2017, p. 80).

            (10)  Commission Implementing Decision (EU) 2017/780 of 3 May 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 116, 5.5.2017, p. 30).

            (11)  Commission Implementing Decision (EU) 2017/977 of 8 June 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 146, 9.6.2017, p. 155).

            (12)  Commission Implementing Decision (EU) 2017/1397 of 27 July 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 197, 28.7.2017, p. 13).

            (13)  Commission Implementing Decision (EU) 2017/1415 of 3 August 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 203, 4.8.2017, p. 9).

            (14)  Commission Implementing Decision (EU) 2017/1484 of 17 August 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 214, 18.8.2017, p. 28).

            (15)  Commission Implementing Decision (EU) 2017/1519 of 1 September 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 228, 2.9.2017, p. 1).

            (16)  Commission Implementing Decision (EU) 2017/1593 of 20 September 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 243, 21.9.2017, p. 14).

            (17)  Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.6.2014, p. 1).

            (18)  Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).

            (19)  Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).

            ANNEX

               Regulated zones and periods as referred to in Article 2

            Parts of Italy and periods established in accordance with Directive 2005/94/EC and defined in:

                        —

                        Commission Implementing Decision (EU) 2016/697 of 4 May 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Italy (OJ L 120, 5.5.2016, p. 35),

                        —

                        Commission Implementing Decision (EU) 2017/155 of 26 January 2017 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 23, 28.1.2017, p. 25),

                        —

                        Commission Implementing Decision (EU) 2017/247 of 9 February 2017 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 36, 11.2.2017, p. 62),

                        —

                        Commission Implementing Decision (EU) 2017/263 of 14 February 2017 on risk mitigating and reinforced biosecurity measures and early detection systems in relation to the risks posed by wild birds for the transmission of highly pathogenic avian influenza viruses to poultry (OJ L 39, 16.2.2017, p. 6),

                        —

                        Commission Implementing Decision (EU) 2017/417 of 7 March 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 63, 9.3.2017, p. 177),

                        —

                        Commission Implementing Decision (EU) 2017/554 of 23 March 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 79, 24.3.2017, p. 15),

                        —

                        Commission Implementing Decision (EU) 2017/696 of 11 April 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 101, 13.4.2017, p. 80),

                        —

                        Commission Implementing Decision (EU) 2017/780 of 3 May 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 116, 5.5.2017, p. 30),

                        —

                        Commission Implementing Decision (EU) 2017/977 of 8 June 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 146, 9.6.2017, p. 155),

                        —

                        Commission Implementing Decision (EU) 2017/1397 of 27 July 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 197, 28.7.2017, p. 13),

                        —

                        Commission Implementing Decision (EU) 2017/1415 of 3 August 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 203, 4.8.2017, p. 9),

                        —

                        Commission Implementing Decision (EU) 2017/1484 of 17 August 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 214, 18.8.2017, p. 28),

                        —

                        Commission Implementing Decision (EU) 2017/1519 of 1 September 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 228, 2.9.2017, p. 1),

                        —

                        Commission Implementing Decision (EU) 2017/1593 of 20 September 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 243, 21.9.2017, p. 14),

                        —

                        Health Ministry Orders declaring an infection following outbreaks of highly pathogenic avian influenza confirmed between 30 April 2016 and 28 September 2017.


title: Commission Implementing Regulation (EU) 2018/1532 of 12 October 2018 concerning the non-renewal of approval of the active substance diquat, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance.)

text:
                  15.10.2018

                  EN

                  Official Journal of the European Union

                  L 257/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1532
         of 12 October 2018
         concerning the non-renewal of approval of the active substance diquat, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 20(1) and Article 78(2) thereof,
         Whereas:

                     (1)

                     Commission Directive 2001/21/EC (2) included diquat as an active substance in Annex I to Council Directive 91/414/EEC (3).

                     (2)

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

                     (3)

                     The approval of the active substance diquat, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 30 June 2019.

                     (4)

                     Two applications for the renewal of the inclusion of diquat in Annex I to Directive 91/414/EEC were submitted in accordance with Article 4 of Commission Regulation (EU) No 1141/2010 (5) within the time period provided for in that Article.

                     (5)

                     The applicants submitted the supplementary dossiers required in accordance with Article 9 of Regulation (EU) No 1141/2010. The applications were found to be complete by the rapporteur Member State.

                     (6)

                     The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (‘the Authority’) and the Commission on 19 September 2014.

                     (7)

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

                     (8)

                     On 12 November 2015 the Authority communicated to the Commission its conclusion (6) on whether diquat can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Authority identified a high risk to workers, bystanders and residents. The Authority and one applicant had a technical discussion on the non-dietary risk assessment after the publication of this conclusion. In November 2017, EFSA informed the applicant that the assessment was finalised considering the most appropriate scientific approach but that the Commission might consider the need to reassess the non-dietary exposure to diquat by sending a mandate to EFSA. The Commission mandated the EFSA for this reassessment of the non-dietary exposure to diquat on 19 February 2018. On 17 April 2018 (7) the Authority confirmed the high risk to bystanders and residents for all scenarios. In addition a high risk to birds was identified (8).

                     (9)

                     The Commission invited the applicants to submit their comments on the conclusion of the Authority, the statement by the Authority of 2018 and, in accordance with Article 17(1) of Regulation (EU) No 1141/2010, on the draft review report. The applicants submitted their comments, which have been carefully examined.

                     (10)

                     However, despite the arguments put forward by the applicants, the concerns related to the substance could not be eliminated.

                     (11)

                     Consequently, it has not been established with respect to one or more representative uses of at least one plant protection product containing diquat, that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied. It is therefore appropriate not to renew the approval of the active substance diquat in accordance with Article 20(1)(b) of that Regulation.

                     (12)

                     Member States should be provided with sufficient time to withdraw authorisations for plant protection products containing diquat.

                     (13)

                     For plant protection products containing diquat, where Member States grant any grace period in accordance with Article 46 of Regulation (EC) No 1107/2009, that period should, at the latest, expire on 4 February 2020.

                     (14)

                     This Regulation does not prevent the submission of a further application for the approval of diquat in accordance with Article 7 of Regulation (EC) No 1107/2009.

                     (15)

                     The Standing Committee on Plants, Animals, Food and Feed has not delivered an opinion within the time limit laid down by its Chairman. An implementing act was deemed to be necessary and the chair submitted the draft implementing act to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Non-renewal of approval of active substance
            The approval of the active substance diquat is not renewed.

            Article 2
            Transitional measures
            Member States shall withdraw authorisations for plant protection products containing diquat as active substance by 4 May 2019 at the latest.

            Article 3
            Grace periods
            Any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall be as short as possible and shall expire by 4 February 2020 at the latest.

            Article 4
            Amendment to Implementing Regulation (EU) No 540/2011
            In Part A of the Annex to Implementing Regulation (EU) No 540/2011, row 15 on diquat is deleted.

            Article 5
            Entry into force
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Commission Directive 2001/21/EC of 5 March 2001 amending Annex I to Council Directive 91/414/EEC concerning the placing of plant protection products on the market to include amitrole, diquat, pyridate and thiabendazole as active substances (OJ L 69, 10.3.2001, p. 17).

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

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

            (5)  Commission Regulation (EU) No 1141/2010 of 7 December 2010 laying down the procedure for the renewal of the inclusion of a second group of active substances in Annex I to Council Directive 91/414/EEC and establishing the list of those substances (OJ L 322, 8.12.2010, p. 10).

            (6)  EFSA (European Food Safety Authority), 2015. Conclusion on the peer review of the pesticide risk assessment of the active substance diquat. EFSA Journal 2015;13(11):4308, 127 pp.

            (7)  EFSA (European Food Safety Authority), 2018. Statement on non-dietary exposure on diquat. EFSA Journal 2018;16(4):5260, 111 pp.

            (8)  EFSA (European Food Safety Authority), 2015. Conclusion on the peer review of the pesticide risk assessment of the active substance diquat. EFSA Journal 2015;13(11):4308, 127 pp.


title: Commission Implementing Regulation (EU) 2018/1557 of 17 October 2018 amending Implementing Regulation (EU) 2016/1368 establishing a list of critical benchmarks used in financial markets pursuant to Regulation (EU) 2016/1011 of the European Parliament and of the Council (Text with EEA relevance.)

text:
                  18.10.2018

                  EN

                  Official Journal of the European Union

                  L 261/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1557
         of 17 October 2018
         amending Implementing Regulation (EU) 2016/1368 establishing a list of critical benchmarks used in financial markets pursuant to Regulation (EU) 2016/1011 of the European Parliament and of the Council
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investments funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014 (1), and in particular Article 20(1), thereof,
         Whereas:

                     (1)

                     Benchmarks play an important role in the determination of the price of many financial instruments and financial contracts and of the measurement of performance for many investment funds. The contribution to and administration of benchmarks are in many cases vulnerable to manipulation and persons involved often face conflict of interests.

                     (2)

                     In order to fulfil their economic role, benchmarks need to be representative of the underlying market or economic reality they reflect. Should a benchmark no longer be representative of an underlying market, such as interbank offered rates, there is a risk of negative effects on, inter alia, market integrity, the financing of households (loans and mortgages) and businesses in the Union.

                     (3)

                     Risks to users, markets and the economy of the Union generally increase where the total value of financial instruments, financial contracts and investment funds referencing a specific benchmark is high. Regulation (EU) 2016/1011 therefore establishes different categories of benchmarks and provides for additional requirements ensuring the integrity and robustness of certain benchmarks considered as being critical, including the power of competent authorities to mandate, under certain conditions, contributions to or the administration of a critical benchmark.

                     (4)

                     Commission Implementing Regulation (EU) 2016/1368 (2) established a list of critical benchmarks used in financial markets pursuant to Regulation (EU) 2016/1011.

                     (5)

                     Pursuant to Article 20(1) of Regulation (EU) 2016/1011, the Commission is empowered to adopt implementing acts to establish and review at least every two years a list of critical benchmarks.

                     (6)

                     In accordance with point (b) of Article 20(1) of Regulation (EU) 2016/1011, benchmarks may be included in the list of critical benchmarks where those benchmarks, inter alia, are submitted by contributors the majority of which are located in one Member State and are recognised as being critical in that Member State.

                     (7)

                     On 22 January 2018, the Swedish competent authority (‘Finansinspektionen’) notified the European Securities and Markets Authority (‘ESMA’) of its proposal to recognise the Stockholm Interbank Offered Rate (‘STIBOR’) as a critical benchmark, under point (b) of Article 20(1) of Regulation (EU) 2016/1011, because it is critical in Sweden and it is based on submissions of contributors, the majority of which are located in Sweden.

                     (8)

                     STIBOR is a reference rate based on an average of the interest rates at which a number of banks active on the Swedish money market are willing to lend unsecured funds to each other at different maturities. On 22 January 2018, seven banks participated in the STIBOR panel, six of which were located in Sweden and one in Denmark.

                     (9)

                     In its assessment submitted to ESMA, Finansinspektionen concluded that the cessation of STIBOR, or its provision on the basis of input data or of a panel of contributors no longer representative of the underlying market or economic reality, could have a significant adverse impact on the functioning of financial markets in Sweden.

                     (10)

                     The assessment by Finansinspektionen illustrates that STIBOR is used as a reference in the pricing of over-the-counter (‘OTC’) interest rate derivatives denominated in Swedish krona (‘SEK’) for an outstanding notional amount of EUR 3 500 billion. Close to one fourth of SEK-denominated bonds reference STIBOR and STIBOR is used in the pricing of 75 % of total loans to Swedish households and non-financial institutions. The total value of financial instruments and financial contracts referencing STIBOR is about eight times larger than the gross national product of Sweden. STIBOR is therefore of vital importance for financial stability and market integrity in Sweden. The assessment concluded that STIBOR's discontinuity or unreliability could have a significant adverse impact on the functioning of financial markets in Sweden and on companies and consumers because it is used in loans, consumer credits products and investment funds.

                     (11)

                     On 23 February 2018, ESMA sent the Commission its opinion setting out that Swedish Finansinspektion had taken into consideration all the elements and criteria included in Article 20(3) of Regulation (EU) 2016/1011 and that it had provided quantitative data to support the case for the recognition of STIBOR as a critical benchmark, as well as analytical reasoning highlighting the crucial role of STIBOR in the Swedish economy.

                     (12)

                     Implementing Regulation (EU) 2016/1368 should therefore be amended accordingly.

                     (13)

                     In light of the crucial importance of STIBOR, its widespread use and its role in the allocation of capital in Sweden, this Regulation should enter into force as a matter of urgency.

                     (14)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The Annex to Implementing Regulation (EU) 2016/1368 is replaced by the text 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, 17 October 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 171, 29.6.2016, p. 1.

            (2)  Commission Implementing Regulation (EU) 2016/1368 of 11 August 2016 establishing a list of critical benchmarks used in financial markets pursuant to Regulation (EU) 2016/1011 of the European Parliament and of the Council (OJ L 217, 12.8.2016, p. 1).

            ANNEX
            ‘

                     ANNEX
                     List of critical benchmarks pursuant to Article 20(1) of Regulation (EU) 2016/1011

                                 No

                                 Benchmark

                                 Administrator

                                 Location

                                 1

                                 Euro Interbank Offered Rate (EURIBOR®)

                                 European Money Markets Institute (EMMI)

                                 Brussels, Belgium

                                 2

                                 Euro Overnight Index Average (EONIA®)

                                 European Money Markets Institute (EMMI)

                                 Brussels, Belgium

                                 3

                                 London Interbank Offered Rate (LIBOR)

                                 ICE Benchmark Administration (IBA)

                                 London, United Kingdom

                                 4

                                 Stockholm Interbank Offered Rate (STIBOR)

                                 Swedish Bankers' Association (Svenska Bankföreningen)

                                 Stockholm, Sweden

               ’


title: Council Implementing Regulation (EU) 2018/1653 of 6 November 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela

text:
                  7.11.2018

                  EN

                  Official Journal of the European Union

                  L 276/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2018/1653
         of 6 November 2018
         implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) 2017/2063 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela (1), and in particular Article 17(1) thereof,
         Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 13 November 2017, the Council adopted Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela.

                     (2)

                     The statement of reasons for one person listed in Annex IV to Regulation (EU) 2017/2063 should be amended.

                     (3)

                     Annex IV to Regulation (EU) 2017/2063 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex IV to Regulation (EU) 2017/2063 is amended as set out in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 6 November 2018.

                  For the Council

                  The President

               H. LÖGER

            (1)  OJ L 295, 14.11.2017, p. 21.

            ANNEX
            In Annex IV to Regulation (EU) 2017/2063, entry 7 is replaced by the following:

                           Name

                           Identifying information

                           Reasons

                           Date of listing

                           ‘7.

                           Diosdado Cabello Rondón

                           Date of birth: 15 April 1963

                           President of the Constituent Assembly and First Vice President of the United Socialist Party of Venezuela (PSUV). Involved in undermining democracy and the rule of law in Venezuela, including by using the media to publicly attack and threaten political opposition, other media and civil society.

                           22.1.2018’