title: Commission Implementing Regulation (EU) 2018/1661 of 7 November 2018 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

text:
                  8.11.2018

                  EN

                  Official Journal of the European Union

                  L 278/16

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1661
         of 7 November 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 Council 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 2 November 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, 7 November 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:

                           ‘76.

                           MAYSAN SUGAR STATE ENTERPRISE. Addresses: (a) P.O. Box 9, Amara, Maysan, Iraq; (b) P.O. Box 3028, Maysan, Iraq.’


title: Commission Implementing Regulation (EU) 2018/1785 of 15 November 2018 concerning the classification of certain goods in the Combined Nomenclature

text:
                  20.11.2018

                  EN

                  Official Journal of the European Union

                  L 293/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1785
         of 15 November 2018
         concerning the classification of certain goods in the Combined Nomenclature
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

                     It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

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

            Article 2
            Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 15 November 2018.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

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

            (2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

            ANNEX

                        Description of the goods

                        Classification
                        (CN code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        Insulated cables (so-called ‘stack cables’) in various lengths fitted with connectors at both ends.
                        Each cable consists of 32 insulated single conductors for a voltage not exceeding 1 000  V, bundled into 16 sheathed pairs which are not twisted. These pairs are covered by a metal foil and metal threads.
                        The cables connect switches that form switching stations (so-called ‘stacks’) used in telecommunication networks (Local Area Networks (LAN)). They enable the bidirectional transfer of data between switches using Ethernet technology.
                        The cables do not have any additional functions (for example, to supply electric power).
                        See image (*1)

                        8544 42 10

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8544 , 8544 42  and 8544 42 10 .
                        Data transfer between apparatuses using telecommunication technology, such as Ethernet, is considered telecommunication for the purposes of CN code 8544 42 10  (see Commission Implementing Regulation (EU) No 1112/2012 (1). The cables in question are designed to be used in telecommunication networks configured as LAN. Consequently, they are considered to be electrical conductors, fitted with connectors, used in telecommunication networks (see also CN Explanatory Notes to subheading 8544 42 10 ).
                        The articles are therefore to be classified under CN code 8544 42 10  as other electric conductors for a voltage not exceeding 1 000  V, fitted with connectors, of a kind used for telecommunications.

               (*1)  The image is purely for information.

               (1)  Commission Implementing Regulation (EU) No 1112/2012 of 23 November 2012 concerning the classification of certain goods in the Combined Nomenclature (OJ L 329, 29.11.2012, p. 9).


title: Commission Implementing Regulation (EU) 2018/1786 of 19 November 2018 approving an amendment to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Chianti Classico’ (PDO))

text:
                  20.11.2018

                  EN

                  Official Journal of the European Union

                  L 293/8

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1786
         of 19 November 2018
         approving an amendment to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Chianti Classico’ (PDO))
         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 99 thereof,
         Whereas:

                     (1)

                     The Commission has examined the application for the approval of an amendment to the specification for the Protected Designation of Origin ‘Chianti Classico’, sent by Italy in accordance with Article 105 of Regulation (EU) No 1308/2013.

                     (2)

                     The Commission has published the application for the approval of an amendment to the specification in the Official Journal of the European Union, as required by Article 97(3) of Regulation (EU) No 1308/2013 (2).

                     (3)

                     No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

                     (4)

                     The amendment to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.

                     (5)

                     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 amendment to the specification published in the Official Journal of the European Union regarding the name ‘Chianti Classico’ (PDO) is 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, 19 November 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  OJ C 100, 16.3.2018, p. 7.


title: Commission Implementing Regulation (EU) 2018/1889 of 4 December 2018 on the extension of the transitional periods related to own funds requirements for exposures to central counterparties set out in Regulations (EU) No 575/2013 and (EU) No 648/2012 of the European Parliament and of the Council (Text with EEA relevance.)

text:
                  5.12.2018

                  EN

                  Official Journal of the European Union

                  L 309/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1889
         of 4 December 2018
         on the extension of the transitional periods related to own funds requirements for exposures to central counterparties set out in Regulations (EU) No 575/2013 and (EU) No 648/2012 of the European Parliament and of the Council
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (1), and in particular Article 497(3) thereof,
         Whereas:

                     (1)

                     In order to avoid disruption to international financial markets and to prevent penalising institutions by subjecting them to higher own funds requirements during the processes of recognition of existing third-country central counterparties (CCPs), Article 497(2) of Regulation (EU) No 575/2013 established a transitional period during which third-country CCPs with which institutions established in the Union clear transactions may be considered qualifying CCPs by those institutions.

                     (2)

                     Regulation (EU) No 575/2013 amended Regulation (EU) No 648/2012 of the European Parliament and of the Council (2) in respect of certain inputs to the calculation of institutions' own funds requirements for exposures to third-country CCPs. Accordingly, Article 89(5a) of Regulation (EU) No 648/2012 requires certain third-country CCPs to report, for a limited period of time, the total amount of initial margin they have received from their clearing members. That transitional period mirrors the one laid down in Article 497(2) of Regulation (EU) No 575/2013.

                     (3)

                     Both transitional periods were set to expire on 15 June 2014.

                     (4)

                     Article 497(3) of Regulation (EU) No 575/2013 empowers the Commission to adopt an implementing act to extend the transitional period for own funds requirements by six months in exceptional circumstances. That extension should also apply in respect of the time limits laid down in Article 89(5a) of Regulation (EU) No 648/2012. Those transitional periods have most recently been extended until 15 December 2018 by Commission Implementing Regulation (EU) 2018/815 (3).

                     (5)

                     Of the CCPs established in third countries that have already applied for recognition in accordance with Article 25 of Regulation (EU) No 648/2012, 32 CCPs have been recognised by the European Securities and Markets Authority. The remaining third-country CCPs are still awaiting recognition and their recognition process will not be completed by 15 December 2018. If the transitional period is not extended, institutions established in the Union (or their subsidiaries established outside the Union) having exposures to those remaining third-country CCPs will be required to increase their own funds for those exposures significantly, potentially leading to the withdrawal of those institutions as direct participants in those CCPs or, at least temporarily, to the cessation of the provision of clearing services to those institutions' clients and thus cause severe disruption in the markets in which those CCPs operate.

                     (6)

                     The need to avoid disruption to markets outside of the Union that led to the previous extensions of the transitional period laid down in Article 497(2) of Regulation (EU) No 575/2013 would therefore remain after the expiry of the extension of the transitional period set out in Implementing Regulation (EU) 2018/815. A further extension of the transitional period should enable institutions established in the Union (or their subsidiaries established outside the Union) to avoid significant increase in the own funds requirements due to the lack of completion of the recognition process for CCPs which provide, in a viable and accessible way, the specific type of clearing services that institutions established in the Union (or their subsidiaries established outside the Union) require. An additional six-month extension of the transitional periods is therefore appropriate.

                     (7)

                     This Regulation should enter into force before 16 December 2018 to ensure that the extension of the existing transitional periods occurs prior to their expiry. A later entry into force could lead to disruption for CCPs, for markets in which they operate and for institutions which have exposures to those CCPs.

                     (8)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The 15-month periods referred to in Article 497(2) of Regulation (EU) No 575/2013 and in the second subparagraph of Article 89(5a) of Regulation (EU) No 648/2012, as most recently extended in Implementing Regulation (EU) 2018/815, are extended by an additional six months until 15 June 2019.

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

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

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1).

            (3)  Commission Implementing Regulation (EU) 2018/815 of 1 June 2018 on the extension of the transitional periods related to own funds requirements for exposures to central counterparties set out in Regulations (EU) No 575/2013 and (EU) No 648/2012 of the European Parliament and of the Council (OJ L 137, 4.6.2018, p. 3).


title: Commission Implementing Regulation (EU) 2018/1924 of 7 December 2018 on cancelling the registration of protected geographical indication ‘Mostviertler Birnmost’ (PGI)

text:
                  10.12.2018

                  EN

                  Official Journal of the European Union

                  L 313/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1924
         of 7 December 2018
         on cancelling the registration of protected geographical indication ‘Mostviertler Birnmost’ (PGI)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 54(1) thereof,
         Whereas:

                     (1)

                     Article 7(1) of Commission Delegated Regulation (EU) No 664/2014 (2) provides that the procedure laid down in Articles 49 to 52 of Regulation (EU) No 1151/2012 apply mutatis mutandis to the cancellation of a registration as referred to in Article 54(1) of that Regulation.

                     (2)

                     Pursuant to Article 50(2) of Regulation (EU) No 1151/2012 in connection with Article 7(1) of Delegated Regulation (EU) No 664/2014, the application to cancel the registration of the protected geographical indication (PGI) ‘Mostviertler Birnmost’ was published in the Official Journal of the European Union (3).

                     (3)

                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Mostviertler Birnmost’ (PGI) should therefore be cancelled from the register of protected designations of origin and protected geographical indications.

                     (4)

                     Pursuant to the last subparagraph of Article 54(1) of Regulation (EU) No 1151/2012 such cancellations are adopted in accordance with the examination procedure referred to in Article 57(2) of that Regulation.

                     (5)

                     The measure provided for in this Regulation is in accordance with the opinion of the Agricultural Product Quality Policy Committee,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The registration of the name ‘Mostviertler Birnmost’ (PGI) is hereby cancelled.

            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, 7 December 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013 supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules (OJ L 179, 19.6.2014, p. 17).

            (3)  OJ C 62, 17.2.2018, p. 15.


title: Commission Implementing Regulation (EU) 2018/2017 of 18 December 2018 authorising the placing on the market of syrup from Sorghum bicolor (L.) Moench as a traditional food from a third country under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (Text with EEA relevance.)

text:
                  19.12.2018

                  EN

                  Official Journal of the European Union

                  L 323/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/2017
         of 18 December 2018
         authorising the placing on the market of syrup from Sorghum bicolor (L.) Moench as a traditional food from a third country under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 and Commission Regulation (EC) No 1852/2001 (1), and in particular Article 15(4) thereof,
         Whereas:

                     (1)

                     Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list may be placed on the market within the Union. Traditional food from a third country is a novel food defined in Article 3 of Regulation (EU) 2015/2283.

                     (2)

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

                     (3)

                     Pursuant to Article 15(4) of Regulation (EU) 2015/2283, the Commission is to decide on the authorisation and on the placing on the Union market of a traditional food from a third country. On 5 April 2018, the company Sorghum Zrt. (‘the applicant’) submitted a notification to the Commission of the intention to place syrup from Sorghum bicolor (L.) Moench on the Union market as a traditional food from a third country within the meaning of Article 14 of Regulation (EU) 2015/2283. The applicant requests for the authorisation for syrup from Sorghum bicolor (L.) Moench to be consumed as such or to be used as a food ingredient by the general population.

                     (4)

                     The documented data, presented by the applicant, demonstrate that syrup from Sorghum bicolor (L.) Moench have a history of safe food use in the United States.

                     (5)

                     Pursuant to Article 15(1) of Regulation (EU) 2015/2283, on 30 April 2018, the Commission forwarded the valid notification to the Member States and to the European Food Safety Authority (‘the Authority’).

                     (6)

                     No duly reasoned safety objections to the placing on the market within the Union of syrup from Sorghum bicolor (L.) Moench were submitted to the Commission by Member States or the Authority within the four-month period laid down in Article 15(2) of Regulation (EU) 2015/2283.

                     (7)

                     The Commission should therefore authorise the placing on the market within the Union of syrup from Sorghum bicolor (L.) Moench and update the Union list of novel foods.

                     (8)

                     Implementing Regulation (EU) 2017/2470 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   Syrup from Sorghum bicolor (L.) Moench as specified in the Annex to this Regulation shall be included in the Union list of authorised novel foods established in Implementing Regulation (EU) 2017/2470.

               2.   The entry in the Union list referred to in paragraph 1 shall include the conditions of use and labelling requirements laid down in the Annex to this Regulation.

            Article 2
            The Annex to Implementing Regulation (EU) 2017/2470 is amended in accordance with the Annex to this Regulation.

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

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

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

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

            ANNEX
            The Annex to Implementing Regulation (EU) 2017/2470 is amended as follows:

                        (1)

                        The following entry is inserted in Table 1 (Authorised novel foods) in alphabetical order:

                                    Authorised novel food

                                    Conditions under which the novel food may be used

                                    Additional specific labelling requirements

                                    Other requirements

                                    ‘Syrup from Sorghum bicolor (L.) Moench
                                    (Traditional food from a third country)

                                    Not specified

                                    The designation of the novel food on the labelling of the foodstuffs containing it shall be “Sorghum (Sorghum bicolor) syrup”’.

                        (2)

                        The following entry is inserted in Table 2 (Specifications) in alphabetical order:

                                    Authorised Novel Food

                                    Specifications

                                    ‘Syrup from Sorghum bicolor (L.) Moench.
                                    (Traditional food from a third country)

                                       Description/Definition

                                    The traditional food is syrup from Sorghum bicolor (L.) Moench (genus, Sorghum; family, Poaceae (alt. Gramineae)).
                                    The syrup is obtained from stalks of S. bicolor, after applying production processes such as crushing, extraction, and evaporation including a heat treatment in order to obtain a minimum of 74 °Brix syrup

                                       Compositional data of syrup from Sorghum bicolor (L.) Moench

                                    Water: 22,7 g/100 g
                                    Ash: 2,4
                                    Sugars, total: > 74,0 g/100 g’


title: Commission Implementing Regulation (EU) 2018/2043 of 18 December 2018 amending Implementing Regulation (EU) 2017/1153 to clarify the WLTP test conditions and provide for the monitoring of type approval data (Text with EEA relevance.)

text:
                  21.12.2018

                  EN

                  Official Journal of the European Union

                  L 327/58

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/2043
         of 18 December 2018
         amending Implementing Regulation (EU) 2017/1153 to clarify the WLTP test conditions and provide for the monitoring of type approval data
         (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 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles (1), and in particular the first subparagraph of Article 13(7) thereof,
         Whereas:

                     (1)

                     In order to take into account the difference in the level of CO2 emissions determined under the New European Test Cycle (NEDC) and those determined under the new Worldwide Harmonised Light Vehicle Test Procedure (WLTP), a methodology for correlating the CO2 emission values has been put in place through Commission Implementing Regulation (EU) 2017/1153 (2) with regard to passenger cars.

                     (2)

                     The correlation methodology is to deliver results that ensure that the reduction requirements set out in Regulation (EC) No 443/2009 are of comparable stringency under the old and the new test procedures. Approval authorities and technical services should therefore, together with manufacturers, strive to ensure that WLTP and NEDC tests that are carried out for the purpose of this Regulation are performed under test conditions that are comparable and coherent with the objective of this Regulation.

                     (3)

                     For that purpose, it is necessary to clarify certain aspects of the WLTP test conditions that should apply for the correlations performed in view of providing WLTP and NEDC monitoring CO2 emissions data for vehicles newly registered in 2020. Those clarifications should apply without prejudice to the procedure and requirements set out in Commission Regulation (EU) 2017/1151 (3) and without affecting the validity of any type approvals granted on that basis.

                     (4)

                     It is also necessary to determine the difference in 2020 between CO2 emission values declared by the manufacturers for the purpose of the emissions type approval and those measured pursuant to Regulation (EU) 2017/1151. Manufacturers should therefore be required to calculate and report to the Commission the WLTP CO2 emission values for all new passenger cars registered in the calendar year 2020 using the measurement values for vehicle H and L as input to the interpolation method.

                     (5)

                     For a limited number of interpolation families, only vehicle H measurement values will be available in 2020. The number of those families should be closely monitored and the Commission should consider excluding those families from the calculation of the 2020 reference data, should there be a significant increase in the number of such families as compared to the 2018 situation.

                     (6)

                     The transparency in the emissions testing should be improved, and data on the WLTP tests as well as on the correlation results should therefore be made available to the Commission. This will allow the Commission to swiftly identify and address issues and possible inconsistencies relating to the implementation of the procedures. For that reason, the input data matrix should be completed for each WLTP test performed and be transmitted to the Commission in its entirety as part of the correlation tool data exchange. To ensure confidentiality, the input data file should be encrypted in view of the transmission.

                     (7)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Implementing Regulation (EU) 2017/1153 is amended as follows:

                        (1)

                        The following Article 7a is added:

                           ‘Article 7a
                           Reporting of WLTP measurement results

                              1.   Manufacturers shall calculate the combined CO2 value for each new passenger car registered in 2020 in accordance with the formula set out in the second subparagraph of paragraph 3.2.3.2.4 of Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151, where the terms MCO2-H and MCO2-L shall, for the interpolation family concerned, be replaced by the values MCO2,C,5 taken from the entries 2.5.1.1.3 (vehicle H) and 2.5.1.2.3. (vehicle L) of the EC type-approval certificate as indicated in the model set out in appendix 4 to Annex I to Regulation (EU) 2017/1151.
                              Where the combined CO2 emissions of the individual vehicle are determined by reference to vehicle H only, the manufacturers shall provide the MCO2,C,5 value taken from the entry 2.5.1.1.3 (vehicle H) of the EC type approval certificate.
                              The manufacturers shall submit those CO2 emission values, together with the MCO2,C,5 values used for the calculation, to the Commission at the latest three months following receipt of the notification by the Commission of the provisional data for 2020 by uploading that data on the manufacturer's account in the Business Data Repository of the European Environment Agency.

                              2.   Where the data referred to in paragraph 1 is not submitted within the deadline indicated, the Commission shall take the value recorded in entry 2.5.1.2.3. of the EC type-approval certificate and consider that value as the combined CO2 emissions for the purposes of paragraph 1 for all new registered vehicles in the interpolation family for which the type approval certificate was issued, and, where applicable, the value indicated in entry 2.5.1.1.3 for those families where only vehicle H measurements are available.

                              3.   The Commission shall monitor the number of interpolation families for which the CO2 emissions are determined by reference to vehicle H only for each manufacturer, and shall, in the case of an increase in the number of such families as compared to the situation in 2018, assess the impact of that increase on the calculation referred to in paragraph 1, and where appropriate, exclude those families from that calculation.’

                        (2)

                        Annex I is amended as follows:

                                    (a)

                                    The following points 2.2a. and 2.2.b. are inserted:
                                    ‘2.2a.   WLTP test conditions
                                    In order for the WLTP test to be considered relevant in accordance with point 2.2 and for the purpose of determining the input data set out in point 2.4, the test conditions set out in Annex XXI to Regulation (EC) No 2017/1151 shall apply, with the following precisions:

                                                (a)

                                                The correction of the WLTP test results for CO2 mass emissions in accordance with Appendix 2 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151 shall apply to all such test results notwithstanding the provisions in point 3.4.4.(a) of that Appendix;

                                                (b)

                                                Without prejudice to the requirements of Regulation (EU) 2017/1151, if the test vehicle is fitted with technologies that influence its CO2 performance, including but not limited to those referred to in entries 42 to 50 of the input data matrix set out in point 2.4, and which are intended to function during the test, those technologies shall be operating during the vehicle test, regardless of the test procedure applied, i.e. NEDC or WLTP;

                                                (c)

                                                If the test vehicle is equipped with automated transmissions, the same driver-selectable mode shall be used, regardless of the test procedure applied. Where the best-case and worst-case modes are used for the WLTP tests in accordance with point 1.2(c) of Appendix 6 to Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151, the worst-case mode shall be used as input to the correlation tool as well as for any NEDC physical test;

                                                (d)

                                                If the test vehicle is equipped with manual transmissions, the term nmin_drive_set shall be as defined by the formula set out in point (k) (3) of paragraph 2 of Sub-Annex 2 to Annex XXI to Regulation (EU) 2017/1151.
                                                With the approval of the approval authority or, where applicable, the technical service, the manufacturer may calculate the gear shifting points differently, provided that this is justified in view of the drivability of the vehicle, and that the additional power safety margin applied in accordance with point 3.4 of Sub-Annex 2 to Annex XXI to Regulation (EU) 2017/1151 does not exceed 20 %.
                                                The conditions referred to in points (a) to (d) shall apply for the purpose of the correlation performed pursuant to this Regulation, and shall be without prejudice to the provisions laid down in Regulation (EU) 2017/1151 and to type approvals granted pursuant to that Regulation.

                                          2.2b.   Applicability of the WLTP test conditions
                                    The precisions referred to in point 2.2a.(a) to (d) shall apply in accordance with the following:

                                                (a)

                                                For new vehicle types, from the entry into force of this Regulation;

                                                (b)

                                                For existing vehicle types, manufacturers shall, with regard to those vehicle types that cover vehicles placed on the market in 2020, provide the approval authority with evidence on the basis of which the approval authority shall confirm whether the test conditions referred to in points (a) to (d) of point 2.2a. have been met in the WLTP approval tests.
                                                The confirmation shall indicate the interpolation family identifier, and the confirmation with regard to each of the test conditions referred to in points (a) to (d). The approval authority shall issue the confirmation to the manufacturer and shall ensure that the confirmation is recorded and can be made available without delay at the request of the Commission.
                                                Where the approval authority cannot confirm that one or more of the test conditions referred to have been complied with, the manufacturer shall ensure that a new WLTP test, or, where applicable, test series, in accordance with Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151 are performed under the supervision of an approval authority or, where applicable, technical service, applying the test conditions set out in point 2.2a.(a) to (d), for the interpolation family in question, including a new correlation in accordance with this Regulation.
                                                The manufacturer may, in the case where only the test condition referred to in point 2.2a.(a) is not met, correct that value in the input matrix without the need for a new WLTP test.
                                                The approval authority or, where applicable, the designated technical service shall record the results of the re-testing or correction and the correlation in accordance with paragraph 5 of Annex I, and the complete correlation file based on the re-testing in-put data shall be transmitted to the Commission in accordance with point 3.1.1.2 by 30 April 2021 at the latest.’

                                    (b)

                                    point 2.4 is amended as follows:

                                                (i)

                                                the following sentence is added to the first paragraph:
                                                ‘The input data matrix shall be filled in for each WLTP test performed.’

                                                (ii)

                                                Table 1 is amended as follows:

                                                            —

                                                            in entry 56, the text in the column ‘Remarks’ is replaced by the following:

                                                               ‘Array: OBD and chassis dynamometer data, 1Hz for OBD and 10Hz for the chassis dynamometer, resolution 0.1 km/h’

                                                            —

                                                            in entry 57, the text in column ‘Remarks’ is replaced by the following:

                                                               ‘Array: 1Hz. Theoretical calculated gear shift to be provided for vehicle H and L (if applicable)’

                                                            —

                                                            in entry 61, the text in the column ‘Remarks’ is replaced by the following:

                                                               ‘Array: 1Hz (sampling frequency of the instrument 20Hz), 0.1 A resolution, external measurement device synchronised with the chassis dynamometer’

                                                            —

                                                            Entry 67 is replaced by the following:

                                                                           ‘67

                                                                           Ki Regenerative Factor multiplicative/additive for vehicle H and L

                                                                           —

                                                                           Appendix 1 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151

                                                                              For vehicles without periodically regenerating systems this value is equal to 1.’

                                                            —

                                                            The following new entries are added:

                                                                           ‘69

                                                                           Fuel heating value

                                                                           kWh/l

                                                                           Appendix 2 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151

                                                                              Value according to the Table A6.App2/1 in Regulation (EU) 2017/1151

                                                                           70

                                                                           Fuel consumption of WLTP test for vehicle H and L

                                                                           l/100km

                                                                           Paragraph 6 of Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151

                                                                              Non-balanced fuel consumption of Type 1 test

                                                                           71

                                                                           Nominal REESS voltage

                                                                           V

                                                                           According to DIN EN 60050-482

                                                                              For low voltage battery as described in Appendix 2 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151

                                                                           72

                                                                           ATCT family correction factor

                                                                           —

                                                                           Sub-Annex 6a to Annex XXI to Regulation (EU) 2017/1151

                                                                              ATCT Family correction factor (14 °C correction)

                                                                           73

                                                                           Speed and distance correction of WLTP test

                                                                           —

                                                                           Regulation (EU) 2017/1151

                                                                              Correction performed?

                                                                              0 = No | 1 = Yes

                                                                           74

                                                                           RCB correction of WLTP test

                                                                           —

                                                                           Appendix 2 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151

                                                                              Correction performed?

                                                                              0 = No | 1 = Yes

                                                                           75

                                                                           Number of the WLTP tests

                                                                           1, 2 or 3

                                                                              Indicate whether the test data is taken from the first, second or third WLTP test

                                                                           76

                                                                           WLTP CO2 declared value for vehicle H and/or L

                                                                           g/km

                                                                           Manufacturer declaration

                                                                              Declared value for WLTP vehicle H and L. Value to include all corrections (if applicable)

                                                                           77

                                                                           WLTP CO2 measured corrected for vehicle H and/or L

                                                                           g/km

                                                                              MCO2,C,5 values from appendix 4 to Annex I to Regulation (EU) 2017/1151

                                                                              Combined measured CO2 emissions for vehicle H and L after all applicable corrections. In case of 2 and 3 WLTP tests all measured results shall be provided.

                                                                           78

                                                                           WLTP re-test

                                                                           —

                                                                           Point 2.2b.(b) of Annex I

                                                                              Indicate which test conditions as referred to in point 2.2a.(a) to (d) of Annex I have been subject to re-testing’

                                    (c)

                                    Point 3.1.1.1. is amended as follows:

                                                (i)

                                                Point (a) is deleted;

                                                (ii)

                                                In point (c), point (iii) is replaced by the following:

                                                            ‘(iii)

                                                            the input data as specified in point 2.4.’;

                                                (iii)

                                                The following subparagraph is added:
                                                ‘The summary file referred to in point (c) shall be encrypted to ensure confidentiality.’

                                    (d)

                                    point 3.1.1.2. is replaced by the following:
                                    ‘3.1.1.2.   Complete correlation file
                                    Where the original correlation output report has been issued in accordance with point 3.1.1.1., the type approval authority, or where applicable the designated technical service shall upload the summary file referred to in point 3.1.1.1.(c) to a Commission server from which a reply is returned to the sender (with the relevant services of the Commission in copy), including a randomly generated integer number between 0 and 99, a hash code of the summary file unequivocally linking that number to the original output report digitally signed by the Commission server.
                                    A complete correlation file shall be created by the type approval authority, or where applicable the designated technical service, which shall include the original correlation output report referred to in point 3.1.1.1. and the reply from the Commission server. The file shall be maintained by the type approval authority as a test report in accordance with Annex VIII of Directive 2007/46/EC.’

            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.
            Point 2(c) and (d) of Article 1 shall apply from 1 February 2019.

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

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 140, 5.6.2009, p. 1.

            (2)  Commission Implementing Regulation (EU) 2017/1153 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure and amending Regulation (EU) No 1014/2010 (OJ L 175, 7.7.2017, p. 679).

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


title: Commission Implementing Regulation (EU) 2019/103 of 23 January 2019 amending Implementing Regulation (EU) 2015/1998 as regards clarification, harmonisation and simplification as well as strengthening of certain specific aviation security measures (Text with EEA relevance.)

text:
                  24.1.2019

                  EN

                  Official Journal of the European Union

                  L 21/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/103
         of 23 January 2019
         amending Implementing Regulation (EU) 2015/1998 as regards clarification, harmonisation and simplification as well as strengthening of certain specific aviation security measures
         (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 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (1), and in particular Article 4(3) thereof,
         Whereas:

                     (1)

                     Experience gained with the implementation of Commission Implementing Regulation (EU) 2015/1998 (2) has shown the need for minor amendments to the implementing modalities of certain common basic standards.

                     (2)

                     Certain specific aviation security measures should be clarified, harmonised or simplified in order to improve legal clarity, standardize the common interpretation of the legislation and further ensure the best implementation of the common basic standards on aviation security.

                     (3)

                     Furthermore, new developments in terms of airport and airline operations, technology and security equipment addressing the changes in the threat and risk picture, as well as the evolution of international Standards and Recommended Practices of International Civil Aviation Organisation (ICAO) require the implementing rules to be amended accordingly.

                     (4)

                     The amendments concern measures in the areas of airport security, the revision of the rules on background check in order to enhance security culture and resilience, and the introduction, definition of performance standards and use of Shoe Explosive Detection equipment (SED) and Explosive Vapour Detection equipment (EVD).

                     (5)

                     Implementing Regulation (EU) 2015/1998 should therefore be amended accordingly.

                     (6)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 19 of Regulation (EC) No 300/2008,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The Annex to Implementing Regulation (EU) 2015/1998 is amended in accordance with the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on 1 February 2019. However, points 2, 20, 25, 26, 28 to 38, 44 and 45 of the Annex to this Regulation shall apply from 31 December 2020.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 23 January 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 97, 9.4.2008, p. 72.

            (2)  Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security (OJ L 299, 14.11.2015, p. 1).

            ANNEX
            The Annex to Implementing Regulation (EU) 2015/1998 is amended as follows:

                        (1)

                        Point 1.1.3.4 is replaced by the following:

                                    ‘1.1.3.4

                                    A security search of those critical parts that could have been contaminated shall be carried out as soon as possible in order to reasonably ensure that they do not contain prohibited articles, wherever access to critical parts has occurred by any of the following:

                                                (a)

                                                unscreened persons;

                                                (b)

                                                passengers and crew members arriving from third countries other than those listed in Attachment 4-B;

                                                (c)

                                                passengers and crew members arriving from Union airports where the relevant Member State has derogated from the common basic standards as provided for in Article 1 of Commission Regulation (EU) No 1254/2009 (*1), unless they are met upon their arrival and escorted outside those areas in accordance with point 1.2.7.3.

                                          This point shall be considered to be met for aircrafts that are subject to an aircraft security search, and it shall not apply when persons covered by point 1.3.2 and point 4.1.1.7 have had access to critical parts.
                                    As far as points (b) and (c) are concerned, this provision shall only apply to those critical parts that are used by screened hold baggage and/or screened departing passengers not departing on the same aircraft as these passengers and crew members.

                           (*1)  Commission Regulation (EU) No 1254/2009 of 18 December 2009 setting criteria to allow Member States to derogate from the common basic standards on civil aviation security and to adopt alternative security measures (OJ L 338, 19.12.2009, p. 17).’"

                        (2)

                        Point 1.2.3 is replaced by the following:
                        ‘1.2.3   Requirements for Union crew identification cards and airport identification cards

                        1.2.3.1   A crew identification card of a crew member employed by a Union air carrier and an airport identification card may only be issued to a person who has an operational need and has successfully completed an enhanced background check in accordance with point 11.1.3.
                        1.2.3.2   Crew and airport identification cards shall be issued for a period not exceeding five years.
                        1.2.3.3   The identification card of a person who fails an enhanced background check shall be immediately disabled or withdrawn, as applicable, and returned to the competent authority, operator or issuing entity, as appropriate.
                        1.2.3.4   The identification card shall be worn in a visible place at least whenever the holder is in security restricted areas.
                        A person who is not displaying his identification card in security restricted areas other than those areas where passengers are present shall be challenged by persons responsible for the implementation of point 1.5.1(c) and, as appropriate, be reported.
                        1.2.3.5   The identification card shall be returned immediately in the following circumstances:

                                    (a)

                                    upon request of the competent authority, operator or issuing entity as appropriate;

                                    (b)

                                    upon termination of employment;

                                    (c)

                                    upon change of employer;

                                    (d)

                                    upon change of the need to have access to areas for which an authorisation has been given;

                                    (e)

                                    upon expiry of the card;

                                    (f)

                                    upon withdrawal of the card.

                              1.2.3.6   The issuing entity shall be notified immediately of the loss, theft or failure to return an identification card.
                        1.2.3.7   An electronic card shall be immediately disabled following return, expiry, withdrawal or notification of loss, theft or failure to return.’;

                        (3)

                        Point 1.2.6.3(b) is replaced by the following:

                                    ‘(b)

                                    be linked to the company or individual registered vehicle user through a secure vehicle registration database’;

                        (4)

                        In point 1.2.6.3, the last sentence is replaced by the following:
                        ‘Electronic vehicle passes shall also be electronically readable airside.’;

                        (5)

                        Point 1.3.1.1(f) is replaced by the following:

                                    ‘(f)

                                    explosive trace detection (ETD) equipment combined with hand held metal detection (HHMD) equipment;’;

                        (6)

                        In point 1.3.1.1, the following points (g) and (h) are added:

                                    ‘(g)

                                    shoe metal detection (SMD) equipment;

                                    (h)

                                    shoe explosive detection (SED) equipment.’;

                        (7)

                        At the end of point 1.3.1.1, the following sentence is added:
                        ‘SMD and SED equipment may only be used as a supplementary means of screening.’;

                        (8)

                        Point 1.3.1.3 is replaced by the following:

                                    ‘1.3.1.3

                                    Explosive detection dogs, ETD equipment and ETD equipment in combination with SED equipment may only be used as a supplementary means of screening of persons other than passengers or in unpredictable alternation with hand searches, hand searches in combination with SMD equipment, WTMD or security scanners.’;

                        (9)

                        The following sentence is added at the end of point 3.1.3:
                        ‘Recording of the information as above, may be held in electronic format.’;

                        (10)

                        Point 4.0.3 is replaced by the following:

                                    ‘4.0.3

                                    Passengers and their cabin baggage arriving from a Member State where the aircraft was in transit after having arrived from a third country not listed in Attachment 4-B or from a Union airport where the relevant Member State has derogated from the common basic standards as provided for in Article 1 of Regulation (EU) No 1254/2009, shall be considered as passengers and cabin baggage arriving from a third country, unless there is a confirmation that these passengers and their cabin baggage were screened in accordance with this Chapter.’;

                        (11)

                        The following point 4.0.6 is added:

                                    ‘4.0.6

                                    Passengers and their cabin baggage arriving from a Union airport where the relevant Member State has derogated from the common basic standards as provided for in Article 1 of Regulation (EU) No 1254/2009 shall be considered as passengers and cabin baggage arriving from a third country, unless there is confirmation that these passengers and their cabin baggage were screened in accordance with this Chapter.’;

                        (12)

                        Point 4.1.1.2(f) is replaced by the following:

                                    ‘(f)

                                    ETD equipment combined with hand held metal detection (HHMD) equipment;’;

                        (13)

                        In point 4.1.1.2, the following points (g) and (h) are added:

                                    ‘(g)

                                    shoe metal detection (SMD) equipment;

                                    (h)

                                    shoe explosive detection (SED) equipment.’;

                        (14)

                        Point 4.1.1.9 is replaced by the following:

                                    ‘4.1.1.9

                                    Explosive detection dogs, ETD equipment, SMD equipment and SED equipment may only be used as a supplementary means of screening.’;

                        (15)

                        Point 4.1.3.1 is replaced by the following:

                                    ‘4.1.3.1

                                    LAGs carried by passengers may be exempted from screening with LEDS equipment upon entry to the SRA if the LAGs are in individual containers with a capacity not greater than 100 millilitres or equivalent in one transparent resealable plastic bag of a capacity not exceeding 1 litre, whereby the contents of the plastic bag fit comfortably and the bag is completely closed.’;

                        (16)

                        Point 4.1.3.2 is deleted;

                        (17)

                        Point 5.0.3 is amended as follows:

                                    ‘5.0.3

                                    Hold baggage arriving from a Member State where the aircraft was in transit after having arrived from a third country not listed in Attachment 5-A or from a Union airport where the relevant Member State has derogated from the common basic standards as provided for in Article 1 of Regulation (EU) No 1254/2009 shall be considered as hold baggage arriving from a third country, unless there is a confirmation that the hold baggage was screened in accordance with this Chapter.’;

                        (18)

                        The following point 5.0.6 is added:

                                    ‘5.0.6

                                    Hold baggage arriving from a Union airport where the relevant Member State has derogated from the common basic standards as provided for in Article 1 of Regulation (EU) No 1254/2009 shall be considered as hold baggage arriving from a third country, unless there is a confirmation that the hold baggage was screened in accordance with this Chapter.’;

                        (19)

                        In Chapter 5, Attachment 5-A is replaced by the following:

                              ‘ATTACHMENT 5-A
                              HOLD BAGGAGE

                                 THIRD COUNTRIES, AS WELL AS OTHER COUNTRIES AND TERRITORIES TO WHICH, IN ACCORDANCE WITH ARTICLE 355 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION, TITLE VI OF PART THREE OF THAT TREATY DOES NOT APPLY, THAT ARE RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS ON CIVIL AVIATION SECURITY

                              As regards hold baggage, the following third countries, as well as other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, Title VI of Part Three of that Treaty does not apply, have been recognised as applying security standards equivalent to the common basic standards on civil aviation security:

                                             Canada

                                             Faroe Islands, in regard to Vagar airport

                                             Greenland, in regard to Kangerlussuaq airport

                                             Guernsey

                                             Isle of Man

                                             Jersey

                                             Montenegro

                                             Republic of Singapore, in regard to Singapore Changi Airport

                                             State of Israel, in regard to Ben Gurion International Airport

                                             United States of America

                                    The Commission shall notify without delay the appropriate authorities of the Member States if it has information indicating that security standards applied by the third country or other country or territory concerned with a significant impact on overall levels of aviation security in the Union are no longer equivalent to the common basic standards of the Union.
                              The appropriate authorities of the Member States shall be notified without delay when the Commission has information about actions, including compensatory measures, confirming that the equivalency of relevant security standards applied by the third country or other country or territory concerned is re-established.

                        ;

                        (20)

                        Point 6.1.3 is deleted;

                        (21)

                        Point 6.8.3.6(d) is replaced by the following:

                                    ‘(d)

                                    the content of the consignment, or indication of consolidation where applicable; and’;

                        (22)

                        The following sentence is added at the end of Point 6.8.3.6:
                        ‘In the case of consolidations, the ACC3 or the EU aviation security validated regulated agent (RA3) who has performed the consolidation retains the information required above for each individual consignment at least until the estimated time of arrival of the consignments at the first airport in the European Union or for 24 hours, whichever is the longer.’;

                        (23)

                        The following point 6.8.3.8 is added:

                                    ‘6.8.3.8

                                    Transit or transfer consignments arriving from a third country listed in Attachment 6-I whose accompanying documentation does not comply with point 6.8.3.6 shall be treated in accordance with Chapter 6.7 before the subsequent flight.’;

                        (24)

                        The following point 6.8.3.9 is added:

                                    ‘6.8.3.9

                                    Transit or transfer consignments arriving from a third country not listed in Attachment 6-I whose accompanying documentation does not comply with point 6.8.3.6 shall be treated in accordance with Chapter 6.2 before the subsequent flight. Accompanying documentation of consignments arriving from a third country listed in Attachment 6-F shall at least comply with the ICAO Consignment Security Declaration scheme.’;

                        (25)

                        The following points 11.0.8 and 11.0.9 are added:
                        11.0.8   For the purposes of this Chapter, ‘radicalisation’ means the phenomenon of socialisation to extremism of people embracing opinions, views and ideas, which could lead to terrorism.
                        11.0.9   For the purposes of this Chapter and without prejudice to the applicable Union and national laws, in determining the reliability of an individual undergoing the process described in points 11.1.3 and 11.1.4, Member States shall consider at least:

                                    (a)

                                    the offences referred to in the Annex II to the Directive (EU) 2016/681 of The European Parliament and of the Council (*2);
                                    and

                                    (b)

                                    the terrorist offences referred to in the Directive (EU) 2017/541 of the European Parliament and of the Council (*3).

                              The offences listed in point (b) shall be considered as disqualifying crimes.

                           (*2)  Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (OJ L 119, 4.5.2016, p. 132)."

                           (*3)  Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).’"

                        (26)

                        Point 11.1 is replaced by the following:
                        ‘11.1   RECRUITMENT
                        11.1.1   Persons being recruited to implement, or to be responsible for the implementation of, screening, access control or other security controls in a security restricted area shall have successfully completed an enhanced background check.
                        11.1.2   Persons being recruited to implement, or to be responsible for the implementation of, screening, access control or other security controls elsewhere than a security restricted area, or having unescorted access to air cargo and mail, air carrier mail and air carrier material, in-flight supplies and airport supplies to which the required security controls have been applied, shall have successfully completed an enhanced or a standard background check. Unless otherwise specified in this Regulation, whether an enhanced or a standard background check has to be completed shall be determined by the appropriate authority in accordance with applicable national rules.
                        11.1.3   In accordance with the applicable rules of Union and national law, an enhanced background check shall at least:

                                    (a)

                                    establish the person's identity on the basis of documentary evidence;

                                    (b)

                                    cover criminal records in all states of residence during at least the preceding 5 years;

                                    (c)

                                    cover employment, education and any gaps during at least the preceding 5 years;

                                    (d)

                                    cover intelligence and any other relevant information available to the competent national authorities that they consider may be relevant to the suitability of a person to work in a function which requires an enhanced background check.

                              11.1.4   In accordance with the applicable rules of Union and national law, a standard background check shall:

                                    (a)

                                    establish the person's identity on the basis of documentary evidence;

                                    (b)

                                    cover criminal records in all states of residence during at least the preceding 5 years;

                                    (c)

                                    cover employment, education and any gaps during at least the preceding 5 years.

                              11.1.5   A standard background check or points (a) to (c) of an enhanced background check shall be completed before the person undergoes initial security training involving access to information which is not publicly available due to its security sensitivity. Where applicable, point (d) of an enhanced background check shall be completed before a person is allowed to implement, or to be responsible for the implementation of, screening, access control or other security controls.
                        11.1.6   Enhanced or standard background checks shall be considered as failed if not all the elements specified in points 11.1.3 and 11.1.4 respectively, are completed satisfactorily, or if at any point in time these elements do not provide the necessary level of assurance as to the reliability of the individual.
                        Member States shall endeavour to establish appropriate and effective mechanisms in order to ensure information sharing at national level and with other States for the purposes of elaboration and evaluation of information relevant to background check.
                        11.1.7   Background checks shall be subject to the following:

                                    (a)

                                    a mechanism for the ongoing review of the elements specified in points 11.1.3 and 11.1.4 through the prompt notification to the competent authority, operator or issuing entity, as applicable, of any occurrence that may affect the reliability of the individual. Modalities for the notification, exchange of information and content thereof between the competent authorities, operators and entities, shall be established and monitored in accordance with the national law; or

                                    (b)

                                    a repeat at regular intervals not exceeding 12 months for enhanced background checks, or three years for standard background checks.

                              11.1.8   The recruitment process for all persons being recruited under points 11.1.1 and 11.1.2 shall include at least a written application and an interview stage designed to provide an initial assessment of abilities and aptitudes.
                        11.1.9   Persons being recruited to implement security controls shall have the mental and physical abilities and aptitudes required to carry out their designated tasks effectively and shall be made aware of the nature of these requirements at the outset of the recruitment process.
                        These abilities and aptitudes shall be assessed during the recruitment process and before completion of any probationary period.
                        11.1.10   Recruitment records, including results of any assessment tests, shall be kept for all persons recruited under points 11.1.1 and 11.1.2 for at least the duration of their contract.
                        11.1.11   In order to address the insider threat, and notwithstanding the respective staff training contents and competences listed in paragraph 11.2, the security programme of operators and entities referred to in Articles 12, 13 and 14 of Regulation (EC) No 300/2008 shall include an appropriate internal policy and related measures enhancing staff awareness and promoting security culture.
                        11.1.12   Background checks successfully completed before 31 December 2020 will remain valid until their expiry or at the latest until 30 June 2023, whichever date comes earlier.’;

                        (27)

                        The following sentence is added at the end of Point 11.1.2:
                        ‘Pre-employment checks shall be discontinued by 31 July 2019. Persons having completed a pre-employment check shall undergo a background check by 30 June 2020 at the latest.’;

                        (28)

                        In point 11.2.2, point (k) is replaced by the following:

                                    ‘(k)

                                    ability to communicate clearly and confidently; and’;

                        (29)

                        In point 11.2.2, the following point (l) is added:

                                    ‘(l)

                                    knowledge of elements contributing to the establishment of a robust and resilient security culture in the workplace and in the aviation domain, including, inter alia, insider threat and radicalisation.’;

                        (30)

                        In point 11.2.3.2, point (b) is replaced by the following:

                                    ‘(b)

                                    awareness of the relevant legal requirements and knowledge of elements contributing to the establishment of a robust and resilient security culture in the workplace and in the aviation domain, including, inter alia, insider threat and radicalisation;’;

                        (31)

                        In point 11.2.3.3, point (b) is replaced by the following:

                                    ‘(b)

                                    awareness of the relevant legal requirements and knowledge of elements contributing to the establishment of a robust and resilient security culture in the workplace and in the aviation domain, including, inter alia, insider threat and radicalisation;’;

                        (32)

                        In point 11.2.3.6, point (a) is replaced by the following:

                                    ‘(a)

                                    knowledge of the legal requirements for aircraft security searches and of elements contributing to the establishment of a robust and resilient security culture in the workplace and in the aviation domain, including, inter alia, insider threat and radicalisation;’

                        (33)

                        In point 11.2.3.7, point (a) is replaced by the following:

                                    ‘(a)

                                    knowledge of how to protect and prevent unauthorised access to aircraft and of elements contributing to the establishment of a robust and resilient security culture in the workplace and in the aviation domain, including, inter alia, insider threat and radicalisation.’;

                        (34)

                        In point 11.2.3.8, point (b) is replaced by the following:

                                    ‘(b)

                                    awareness of the relevant legal requirements and knowledge of elements contributing to the establishment of a robust and resilient security culture in the workplace and in the aviation domain, including, inter alia, insider threat and radicalisation.’;

                        (35)

                        In point 11.2.3.9, point (b) is replaced by the following:

                                    ‘(b)

                                    awareness of the relevant legal requirements and knowledge of elements contributing to the establishment of a robust and resilient security culture in the workplace and in the aviation domain, including, inter alia, insider threat and radicalisation.’;

                        (36)

                        In point 11.2.3.10, point (b) is replaced by the following:

                                    ‘(b)

                                    awareness of the relevant legal requirements and knowledge of elements contributing to the establishment of a robust and resilient security culture in the workplace and in the aviation domain, including, inter alia, insider threat and radicalisation.’;

                        (37)

                        In point 11.2.6.2, point (b) is replaced by the following:

                                    ‘(b)

                                    awareness of the relevant legal requirements and knowledge of elements contributing to the establishment of a robust and resilient security culture in the workplace and in the aviation domain, including, inter alia, insider threat and radicalisation.’;

                        (38)

                        In point 11.2.7, point (b) is replaced by the following:

                                    ‘(b)

                                    awareness of the relevant legal requirements and knowledge of elements contributing to the establishment of a robust and resilient security culture in the workplace and in the aviation domain, including, inter alia, insider threat and radicalisation.’;

                        (39)

                        Point 11.3.1 (b) is replaced by the following:

                                    ‘(b)

                                    for persons operating x-ray or EDS equipment, recertification at least every 3 years; and’;

                        (40)

                        Point 11.3.2 is replaced by the following:

                                    ‘11.3.2

                                    Persons operating x-ray or EDS equipment shall, as part of the initial certification or approval process, pass a standardised image interpretation test.’;

                        (41)

                        Point 11.3.3 is replaced by the following:

                                    ‘11.3.3

                                    The recertification or re-approval process for persons operating x-ray or EDS equipment shall include both the standardised image interpretation test and an evaluation of operational performance.’;

                        (42)

                        In point 11.4.1 the following paragraph is deleted:
                        ‘The results of testing shall be provided to the person and recorded and may be taken into consideration as part of the recertification or re-approval process.’;

                        (43)

                        Point 11.4.2 is replaced by the following:

                                    ‘11.4.2

                                    Evaluation of the performance of individual screeners shall be carried out at the end of every 6 month period. The results of this evaluation:

                                                (a)

                                                shall be provided to the person and recorded;

                                                (b)

                                                shall be used to identify weaknesses and inform future training and testing adapted to address those weaknesses; and

                                                (c)

                                                may be taken into consideration as part of the recertification or re-approval process.’;

                        (44)

                        Point 11.5.1 (a) is replaced by the following:

                                    ‘(a)

                                    the successful completion of an enhanced background check in accordance with point 11.1.3;’

                        (45)

                        Point 11.6.3.5 (a) is replaced by the following:

                                    ‘(a)

                                    have been subjected to an enhanced background check in accordance with point 11.1.3;’;

                        (46)

                        In point 11.6.5.5, the following sentence is added:
                        ‘Manual initialling on each page may be replaced by an electronic signature of the entire document.’;

                        (47)

                        The following points 12.0.4 and 12.0.5 are added:
                        12.0.4   Where several types of security equipment are combined, each one has to comply with the defined specifications and meet the standards set out in this Chapter, both separately and combined.
                        12.0.5   Equipment shall be positioned, installed and maintained in compliance with the requirements of equipment manufacturers.’;

                        (48)

                        Point 12.1.1.8 is deleted;

                        (49)

                        The last sentence in point 12.5.1.1 is replaced by the following:
                        ‘Where CTI TIP is deployed with EDS equipment used exclusively for hold baggage screening, the requirement in point (b) shall only apply as of 1 September 2020’;

                        (50)

                        The following point 12.11.2.3 is added:

                                    ‘12.11.2.3.

                                    Standard 2.1 shall apply to security scanners installed from 1 January 2021’;

                        (51)

                        Point 12.12 is replaced by the following:
                        ‘12.12   SHOE SCANNER EQUIPMENT
                        12.12.1   General principles

                        12.12.1.1   Shoe metal detection (SMD) equipment shall be able to detect and to indicate by means of an alarm at least specified metallic items, both individually and in combination.
                        12.12.1.2   Shoe explosive detection (SED) equipment shall be able to detect and indicate by means of an alarm at least specified explosives items.
                        12.12.1.3   The detection by SMD and SED shall be independent of the position and orientation of the metallic or explosive items.
                        12.12.1.4   SMD and SED shall be placed on a solid base.
                        12.12.1.5   SMD and SED shall have a visual indicator to show that the equipment is in operation.
                        12.12.1.6   The means for adjusting the detection settings of SMD and SED shall be protected and accessible only to authorised persons.
                        12.12.1.7   SMD shall give at least a visual alarm and an audible alarm when it detects metallic items as refers to in point 12.12.1.1. Both types of alarm shall be noticeable at a range of 1 m.
                        12.12.1.8   SED shall give at least a visual alarm and an audible alarm when it detects explosive items as refers to in point 12.12.1.2. Both types of alarm shall be noticeable at a range of 1 m.
                        12.12.2   Standards for SMD

                        12.12.2.1   There shall be two standards for SMD. Detailed requirements on these standards are laid down in Commission Implementing Decision C(2015) 8005.
                        12.12.2.2   All SMD exclusively used for screening persons other than passengers shall meet at least standard 1.
                        12.12.2.3   All SMD used for screening of passengers shall meet standard 2.
                        12.12.2.4   All SMD shall be able to resolve alarms generated on a WTMD, in the area between the surface supporting the shoe and at least 35 cm above.
                        12.12.3   Standard for SED

                        12.12.3.1   Detailed requirements on this standard are laid down in Commission Implementing Decision C(2015) 8005.’;

                        (52)

                        The following point 12.14 is added:
                        ‘12.14   EXPLOSIVE VAPOUR DETECTION (EVD) EQUIPMENT
                        12.14.1   Standards for EVD

                        12.14.1.1   All EVD equipment used for the screening of hold baggage or cargo shall meet at least standard 1.
                        12.14.1.2   All EVD equipment used for the screening of persons or cabin baggage shall meet at least standard 3.
                        12.14.1.3   Detailed requirements on these standards are laid down in Commission Implementing Decision C(2015) 8005.’

               (*1)  Commission Regulation (EU) No 1254/2009 of 18 December 2009 setting criteria to allow Member States to derogate from the common basic standards on civil aviation security and to adopt alternative security measures (OJ L 338, 19.12.2009, p. 17).’

               (*2)  Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (OJ L 119, 4.5.2016, p. 132).

               (*3)  Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).’’