title: Commission Implementing Regulation (EU) 2019/35 of 8 January 2019 amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin (Text with EEA relevance.)

text:
                  11.1.2019

                  EN

                  Official Journal of the European Union

                  L 9/77

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/35
         of 8 January 2019
         amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin
         (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 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 15(5) and 63(1) thereof,
         Whereas:

                     (1)

                     Commission Regulation (EC) No 669/2009 (2) lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto (‘the list’), at a designated point of entry (‘DPE’) into the territories referred to in Annex I to Regulation (EC) No 882/2004.

                     (2)

                     Pursuant to Regulation (EC) No 669/2009, Member States are required to submit to the Commission biannually a report on consignments of feed and food in the list, including details of each consignment, the number of consignments subjected to sampling for analysis and the results of the official controls carried out in accordance with Regulation (EC) No 669/2009. Certain Member States register the common entry documents issued by their respective competent authorities in accordance with Regulation (EC) No 669/2009 on a voluntary basis in the Trade Control and Expert System (TRACES) established by Commission Decisions 2003/24/EC (3) and 2004/292/EC (4), thus providing the Commission with details of each consignment, the number of consignments subjected to sampling for analysis and the results of the checks provided for in Regulation (EC) No 669/2009. The reporting obligation should therefore be deemed to be satisfied where Member States register in TRACES the common entry documents issued in accordance with Regulation (EC) No 669/2009 during the reporting period set out in that Regulation.

                     (3)

                     Article 19(1) of Regulation (EC) No 669/2009 provides for a transitional period during which the minimum requirements for the DPEs may be progressively implemented and identity and physical checks may be carried out at control points other than DPEs. This transitional period was extended by Commission Implementing Regulation (EU) No 718/2014 (5) until 14 August 2019, pending the outcome of the review of the provisions applicable to DPEs and to border controls in general. That review resulted in the adoption of Regulation (EU) 2017/625 of the European Parliament and of the Council (6), which is to apply from 14 December 2019. That Regulation provides that delegated acts are to be established concerning rules establishing the cases where and the conditions under which identity and physical checks on consignments of goods subject to a temporary increase of official controls may be performed by competent authorities at control points other than border control posts. Since those rules are to apply from 14 December 2019, it is appropriate to extend the transitional period until the day before that date.

                     (4)

                     Article 2 of Regulation (EC) No 669/2009 provides that the list in Annex I to that Regulation is to be reviewed on a regular basis, and at least biannually, taking into account the sources of information referred to in that Article.

                     (5)

                     The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed, as established by Regulation (EC) No 178/2002 (7) of the European Parliament and of the Council, information regarding official controls performed by Member States on feed and food of non-animal origin as well as the biannual reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009, indicate that the list should be amended.

                     (6)

                     In particular, for consignments of aubergines from the Dominican Republic, beans from Kenya and peppers (other than sweet) from Uganda, the relevant sources of information indicate the emergence of new risks to human health due to possible pesticide residues contamination, requiring the introduction of an increased level of official controls. In addition, for consignments of black pepper from Brazil, sweet peppers from China and sesamum seeds from Ethiopia, the relevant sources of information indicate the emergence of new risks to human health due to possible Salmonella contamination requiring the introduction of an increased level of official controls. Entries concerning those consignments should therefore be included in the list.

                     (7)

                     In addition, it is appropriate to delete the entries for commodities for which the available information indicates an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official controls is therefore no longer justified. The entry in the list concerning pineapples from Benin should therefore be deleted.

                     (8)

                     Moreover, it is appropriate to increase the frequency of identity and physical checks on commodities for which the relevant sources of information indicate a degree of non-compliance with the relevant requirements provided for in Union legislation warranting an increased level of official controls. The entries in the list concerning sweet peppers and peppers (other than sweet) from Egypt, peppers (other than sweet) from India and Pakistan, peppers (sweet or other than sweet) from Sri Lanka and hazelnuts from Georgia should therefore be amended accordingly.

                     (9)

                     The scope of the entry concerning hazelnuts from Georgia should be amended to include forms of the product other than the ones currently listed, where those other forms present the same risk. It is therefore appropriate to amend the existing entry concerning hazelnuts from Georgia to include flour, meal and powder of hazelnuts and hazelnuts, otherwise prepared or preserved.

                     (10)

                     In order to ensure consistency and clarity, it is appropriate to replace Annex I to Regulation (EC) No 669/2009 by the text set out in the Annex to this Regulation.

                     (11)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Amendments to Regulation (EC) No 669/2009
            Regulation (EC) No 669/2009 is amended as follows:

                        (1)

                        In Article 15, the following paragraph 4 is added:

                           ‘4.   The reporting obligations set out in paragraphs 1 and 2 shall be deemed to be satisfied where Member States have registered in TRACES the common entry documents issued by their respective competent authorities in accordance with this Regulation during the reporting period set out in paragraph 1.’

                        (2)

                        In Article 19, paragraph 1 is replaced by the following:

                           ‘1.   Until 13 December 2019, where a designated point of entry is not equipped with the facilities required to carry out identity and physical checks as provided for in Article 8(1)(b), those checks may be carried out at another control point in the same Member State, authorised for that purpose by the competent authority, before goods are declared for release for free circulation, provided that such control point complies with the minimum requirements laid down in Article 4.’

                        (3)

                        Annex I is replaced by the text set out in the Annex to this Regulation.

            Article 2
            Entry into force and application
            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, 8 January 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 165, 30.4.2004, p. 1.

            (2)  Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC (OJ L 194, 25.7.2009, p. 11).

            (3)  Commission Decision 2003/24/EC of 30 December 2002 concerning the development of an integrated computerised veterinary system (OJ L 8, 14.1.2003, p. 44).

            (4)  Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC (OJ L 94, 31.3.2004, p. 63).

            (5)  Commission Implementing Regulation (EU) No 718/2014 of 27 June 2014 amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin (OJ L 190, 28.6.2014, p. 55).

            (6)  Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).

            (7)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

            ANNEX

                     ‘ANNEX I

                        Feed and food of non-animal origin subject to an increased level of official controls at the designated point of entry

                                 Feed and food
                                 (intended use)

                                 CN code (1)

                                 TARIC sub-division

                                 Country of origin

                                 Hazard

                                 Frequency of physical and identity checks (%)

                                             —

                                             Groundnuts (peanuts), in shell

                                             —

                                          1202 41 00

                                    Bolivia (BO)

                                 Aflatoxins

                                 50

                                             —

                                             Groundnuts (peanuts), shelled

                                             —

                                          1202 42 00

                                             —

                                             Peanut butter

                                             —

                                          2008 11 10

                                             —

                                             Groundnuts (peanuts), otherwise prepared or preserved

                                       (Feed and food)

                                             —

                                             2008 11 91 ;
                                             2008 11 96 ;
                                             2008 11 98

                                             —

                                             Black pepper (Piper)

                                       (Food – neither crushed nor ground)

                                 ex 0904 11 00

                                    10

                                    Brazil (BR)

                                    Salmonella
                                     (2)

                                 20

                                 Goji berries (wolfberries) (Lycium barbarum L.)

                                       (Food — fresh, chilled or dried)

                                 ex 0813 40 95 ;
                                 ex 0810 90 75

                                    10

                                    10

                                    China (CN)

                                 Pesticide residues (3)
                                     (4)

                                 10

                                 Sweet peppers (Capsicum annuum)

                                       (Food – crushed or ground)

                                 ex 0904 22 00

                                    11

                                    China (CN)

                                    Salmonella
                                     (2)

                                 20

                                 Tea, whether or not flavoured

                                       (Food)

                                 0902

                                    China (CN)

                                 Pesticide residues (3)
                                     (5)

                                 10

                                 Aubergines
                                 (Solanum melongena)

                                       (Food – fresh or chilled)

                                 0709 30 00

                                    Dominican Republic (DO)

                                 Pesticide residues (3)

                                 20

                                             —

                                             Sweet peppers (Capsicum annuum)

                                             —

                                             0709 60 10 ;
                                             0710 80 51

                                    Dominican Republic (DO)

                                 Pesticide residues (3)
                                     (6)

                                 20

                                             —

                                             Peppers (other than sweet) (Capsicum spp.)

                                             —

                                             ex 0709 60 99 ;
                                             ex 0710 80 59

                                    20

                                    20

                                             —

                                             Yardlong beans
                                             (Vigna unguiculata spp. sesquipedalis, vigna unguiculata spp. unguiculata)

                                       (Food — fresh, chilled or frozen)

                                             —

                                             ex 0708 20 00 ;
                                             ex 0710 22 00

                                    10

                                    10

                                             —

                                             Sweet peppers (Capsicum annuum)

                                             —

                                             0709 60 10 ;
                                             0710 80 51

                                    Egypt (EG)

                                 Pesticide residues (3)
                                     (7)

                                 20

                                             —

                                             Peppers (other than sweet) (Capsicum spp.)

                                       (Food — fresh, chilled or frozen)

                                             —

                                             ex 0709 60 99 ;
                                             ex 0710 80 59

                                    20

                                    20

                                 Sesamum seeds

                                       (Food — fresh or chilled)

                                 1207 40 90

                                    Ethiopia (ET)

                                    Salmonella
                                     (2)

                                 50

                                             —

                                             Hazelnuts, in shell

                                             —

                                          0802 21 00

                                    Georgia (GE)

                                 Aflatoxins

                                 50

                                             —

                                             Hazelnuts, shelled

                                             —

                                          0802 22 00

                                             —

                                             Flour, meal and powder of hazelnuts

                                             —

                                          ex 1106 30 90

                                    40

                                             —

                                             Hazelnuts, otherwise prepared or preserved

                                       (Food)

                                             —

                                             ex 2008 19 19 ;
                                             ex 2008 19 95 ;
                                             ex 2008 19 99

                                    30

                                    20

                                    30

                                 Palm oil

                                       (Food)

                                 1511 10 90 ;
                                 1511 90 11 ;

                                    Ghana (GH)

                                 Sudan dyes (8)

                                 50

                                 ex 1511 90 19 ;
                                 1511 90 99

                                    90

                                             —

                                             Groundnuts (peanuts), in shell

                                             —

                                          1202 41 00

                                    Gambia (GM)

                                 Aflatoxins

                                 50

                                             —

                                             Groundnuts (peanuts), shelled

                                             —

                                          1202 42 00

                                             —

                                             Peanut butter

                                             —

                                          2008 11 10

                                             —

                                             Groundnuts (peanuts), otherwise prepared or preserved

                                       (Feed and food)

                                             —

                                             2008 11 91 ;
                                             2008 11 96 ;
                                             2008 11 98

                                 Okra

                                       (Food – fresh, chilled or frozen)

                                 ex 0709 99 90 ;
                                 ex 0710 80 95

                                    20

                                    30

                                    India (IN)

                                 Pesticide residues (3)
                                     (9)

                                 10

                                 Peppers (other than sweet) (Capsicum spp.)

                                       (Food — fresh, chilled or frozen)

                                 ex 0709 60 99 ;
                                 ex 0710 80 59

                                    20

                                    20

                                    India (IN)

                                 Pesticide residues (3)
                                     (10)

                                 20

                                 Beans (Vigna spp., Phaseolus spp.)

                                       (Food – fresh or chilled)

                                 0708 20

                                    Kenya (KE)

                                 Pesticide residues (3)

                                 5

                                 Chinese celery (Apium graveolens)

                                       (Food — fresh or chilled herb)

                                 ex 0709 40 00

                                    20

                                    Cambodia (KH)

                                 Pesticide residues (3)
                                     (11)

                                 50

                                 Yardlong beans
                                 (Vigna unguiculata spp. sesquipedalis, vigna unguiculata spp. unguiculata)

                                       (Food — fresh, chilled or frozen vegetables)

                                 ex 0708 20 00 ;
                                 ex 0710 22 00

                                    10

                                    10

                                    Cambodia (KH)

                                 Pesticide residues (3)
                                     (12)

                                 50

                                 Turnips (Brassica rapa spp. Rapa)

                                       (Food — prepared or preserved by vinegar or acetic acid)

                                 ex 2001 90 97

                                    11 ; 19

                                    Lebanon (LB)

                                 Rhodamine B

                                 50

                                 Peppers (sweet or other than sweet) (Capsicum spp.)

                                       (Food — dried, roasted, crushed or ground)

                                 ex 2008 99 99 ;

                                    79

                                    Sri Lanka (LK)

                                 Aflatoxins

                                 50

                                 0904 21 10 ;

                                 ex 0904 21 90 ;
                                 ex 0904 22 00

                                    20

                                    11 ; 19

                                             —

                                             Groundnuts (peanuts), in shell

                                             —

                                          1202 41 00

                                    Madagascar (MG)

                                 Aflatoxins

                                 50

                                             —

                                             Groundnuts (peanuts), shelled

                                             —

                                          1202 42 00

                                             —

                                             Peanut butter

                                             —

                                          2008 11 10

                                             —

                                             Groundnuts (peanuts), otherwise prepared or preserved

                                       (Feed and food)

                                             —

                                             2008 11 91 ;
                                             2008 11 96 ;
                                             2008 11 98

                                 Sesamum seeds

                                       (Food — fresh or chilled)

                                 1207 40 90

                                    Nigeria (NG)

                                 Salmonella (2)

                                 50

                                 Peppers (other than sweet) (Capsicum spp.)

                                       (Food — fresh, chilled or frozen)

                                 ex 0709 60 99 ;
                                 ex 0710 80 59

                                    20

                                    20

                                    Pakistan (PK)

                                 Pesticide residues (3)

                                 20

                                 Raspberries

                                       (Food — frozen)

                                 0811 20 31 ;

                                    Serbia (RS)

                                 Norovirus

                                 10

                                 ex 0811 20 11 ;
                                 ex 0811 20 19

                                    10

                                    10

                                             —

                                             Groundnuts (peanuts), in shell

                                             —

                                          1202 41 00

                                    Sudan (SD)

                                 Aflatoxins

                                 50

                                             —

                                             Groundnuts (peanuts), shelled

                                             —

                                          1202 42 00

                                             —

                                             Peanut butter

                                             —

                                          2008 11 10

                                             —

                                             Groundnuts (peanuts), otherwise prepared or preserved

                                       (Feed and food)

                                             —

                                             2008 11 91 ;
                                             2008 11 96 ;
                                             2008 11 98

                                 Sesamum seeds

                                       (Food — fresh or chilled)

                                 1207 40 90

                                    Sudan (SD)

                                 Salmonella (2)

                                 50

                                 Watermelon (Egusi, Citrullus spp.) seeds and derived products

                                       (Food)

                                 ex 1207 70 00 ;
                                 ex 1106 30 90 ;
                                 ex 2008 99 99

                                    10

                                    30

                                    50

                                    Sierra Leone (SL)

                                 Aflatoxins

                                 50

                                             —

                                             Groundnuts (peanuts), in shell

                                             —

                                          1202 41 00

                                    Senegal (SN)

                                 Aflatoxins

                                 50

                                             —

                                             Groundnuts (peanuts), shelled

                                             —

                                          1202 42 00

                                             —

                                             Peanut butter

                                             —

                                          2008 11 10

                                             —

                                             Groundnuts (peanuts), otherwise prepared or preserved

                                       (Feed and food)

                                             —

                                             2008 11 91 ;
                                             2008 11 96 ;
                                             2008 11 98

                                 Turnips (Brassica rapa spp. Rapa)

                                       (Food — prepared or preserved by vinegar or acetic acid)

                                 ex 2001 90 97

                                    11 ; 19

                                    Syria (SY)

                                 Rhodamine B

                                 50

                                 Peppers (other than sweet) (Capsicum spp.)

                                       (Food — fresh, chilled or frozen)

                                 ex 0709 60 99 ;
                                 ex 0710 80 59

                                    20

                                    20

                                    Thailand (TH)

                                 Pesticide residues (3)
                                     (13)

                                 10

                                             —

                                             Dried apricots

                                             —

                                          0813 10 00

                                    Turkey (TR)

                                 Sulphites (15)

                                 20

                                             —

                                             Apricots, otherwise prepared or preserved (14)

                                       (Food)

                                             —

                                          2008 50 61

                                 Dried grapes (including dried grapes cut or crushed into a paste, without any further treatment)

                                       (Food)

                                 0806 20

                                    Turkey (TR)

                                 Ochratoxin A

                                 5

                                 Lemons (Citrus limon, Citrus limonum)

                                       (Food – fresh, chilled or dried)

                                 0805 50 10

                                    Turkey (TR)

                                 Pesticide residues (3)

                                 10

                                 Pomegranates

                                       (Food — fresh or chilled)

                                 ex 0810 90 75

                                    30

                                    Turkey (TR)

                                 Pesticide residues (3)
                                     (16)

                                 10

                                 Sweet Peppers (Capsicum annuum)

                                       (Food — fresh, chilled or frozen)

                                 0709 60 10 ;
                                 0710 80 51

                                    Turkey (TR)

                                 Pesticide residues (3)
                                     (17)

                                 10

                                 Peppers (other than sweet) (Capsicum spp.)

                                       (Food — fresh, chilled or frozen)

                                 ex 0709 60 99
                                 ex 0710 80 59

                                    20

                                    20

                                    Uganda (UG)

                                 Pesticide residues (3)

                                 20

                                 Sesamum seeds

                                       (Food — fresh or chilled)

                                 1207 40 90

                                    Uganda (UG)

                                 Salmonella (2)

                                 50

                                             —

                                             Pistachios, in shell

                                             —

                                          0802 51 00

                                    United States (US)

                                 Aflatoxins

                                 10

                                             —

                                             Pistachios, shelled

                                             —

                                          0802 52 00

                                             —

                                             Pistachios, roasted

                                       (Food)

                                             —

                                             ex 2008 19 13 ;
                                             ex 2008 19 93

                                    20

                                    20

                                             —

                                             Dried apricots

                                             —

                                          0813 10 00

                                    Uzbekistan (UZ)

                                 Sulphites (15)

                                 50

                                             —

                                             Apricots, otherwise prepared or preserved (14)

                                       (Food)

                                             —

                                          2008 50 61

                                             —

                                             Coriander leaves

                                             —

                                          ex 0709 99 90

                                    72

                                    Vietnam (VN)

                                 Pesticide residues (3)
                                     (18)

                                 50

                                             —

                                             Basil (holy, sweet)

                                             —

                                          ex 1211 90 86

                                    20

                                             —

                                             Mint

                                             —

                                          ex 1211 90 86

                                    30

                                             —

                                             Parsley

                                       (Food — fresh or chilled herbs)

                                             —

                                          ex 0709 99 90

                                    40

                                 Okra

                                       (Food – fresh, chilled or frozen)

                                 ex 0709 99 90
                                 ex 0710 80 95

                                    20

                                    30

                                    Vietnam (VN)

                                 Pesticide residues (3)
                                     (18)

                                 50

                                 Peppers (other than sweet) (Capsicum spp.)

                                       (Food — fresh, chilled or frozen)

                                 ex 0709 60 99 ;
                                 ex 0710 80 59

                                    20

                                    20

                                    Vietnam (VN)

                                 Pesticide residues (3)
                                     (18)

                                 50

               ’

               (1)  Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists, the CN code is marked ‘ex’.

               (2)  Reference method EN/ISO 6579-1 or a method validated against it in accordance with the most recent version of EN/ISO 16140 or other internationally accepted similar protocols.

               (3)  Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1) that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only).

               (4)  Residues of Amitraz.

               (5)  Residues of Tolfenpyrad.

               (6)  Residues of Acephate, Aldicarb (sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb), Amitraz (amitraz including the metabolites containing the 2,4-dimethylaniline moiety expressed as amitraz), Diafenthiuron, Dicofol (sum of p, p′ and o,p′ isomers), Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and Methiocarb (sum of methiocarb and methiocarb sulfoxide and sulfone, expressed as methiocarb).

               (7)  Residues of Dicofol (sum of p, p′ and o,p′ isomers), Dinotefuran, Folpet, Prochloraz (sum of prochloraz and its metabolites containing the 2,4,6-Trichlorophenol moiety expressed as prochloraz), Thiophanate-methyl and Triforine.

               (8)  For the purposes of this Annex, ‘Sudan dyes’ refers to the following chemical substances: (i) Sudan I (CAS Number 842-07-9); (ii) Sudan II (CAS Number 3118-97-6); (iii) Sudan III (CAS Number 85-86-9); (iv) Scarlet Red; or Sudan IV (CAS Number 85-83-6).

               (9)  Residues of Diafenthiuron.

               (10)  Residues of Carbofuran.

               (11)  Residues of Phenthoate.

               (12)  Residues of Chlorbufam.

               (13)  Residues of Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)), Prothiofos and Triforine.

               (14)  Identity and physical checks may be carried out by the competent authority of the place of destination as indicated in the CED, in accordance with Article 9(2) of this Regulation.

               (15)  Reference methods: EN 1988-1:1998, EN 1988-2:1998 or ISO 5522:1981.

               (16)  Residues of Prochloraz.

               (17)  Residues of Diafenthiuron, Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)) and Thiophanate-methyl.

               (18)  Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos.


title: Council Implementing Regulation (EU) 2019/84 of 21 January 2019 implementing Regulation (EU) 2018/1542 concerning restrictive measures against the proliferation and use of chemical weapons

text:
                  21.1.2019

                  EN

                  Official Journal of the European Union

                  LI 18/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2019/84
         of 21 January 2019
         implementing Regulation (EU) 2018/1542 concerning restrictive measures against the proliferation and use of chemical weapons
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) 2018/1542 of 15 October 2018 concerning restrictive measures against the proliferation and use of chemical weapons (1), and in particular Article 12 thereof,
         Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 15 October 2018, the Council adopted Regulation (EU) 2018/1542.

                     (2)

                     In view of the continued threat posed by the proliferation and use of chemical weapons, nine persons and one entity should be added to the list of natural and legal persons, entities and bodies in Annex I to Regulation (EU) 2018/1542.

                     (3)

                     Annex I to Regulation (EU) 2018/1542 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EU) 2018/1542 is amended as set out in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 21 January 2019.

                  For the Council

                  The President

               F. MOGHERINI

            (1)  OJ L 259, 16.10.2018, p. 12.

            ANNEX
            The following persons and entity are added to the list set out in Annex I to Regulation (EU) 2018/1542:

               ‘A.   NATURAL PERSONS

                           Name

                           Identifying information

                           Grounds for designation

                           Date of listing

                                       1.

                                       Tariq YASMINA

                           a.k.a.: Tarq Yasmina
                           Gender: male;
                           Title: Colonel;
                           Nationality: Syrian

                           Tariq Yasmina acts as the liaison officer between the Scientific Studies and Research Centre (SSRC) and the Presidential Palace, and, as such, is involved in the use and preparations for the use of chemical weapons by the Syrian regime.

                           21.1.2019

                                       2.

                                       Khaled NASRI

                           a.k.a.: Mohammed Khaled Nasri; Haled Natsri;

                           Gender: male;
                           Title: Head of Institute 1000 of the SSRC;
                           Nationality: Syrian

                           Khaled Nasri is the Director of Institute 1000, the division of the Scientific Studies and Research Centre (SSRC) responsible for developing and producing computer and electronic systems for Syria's chemical weapons programme.

                           21.1.2019

                                       3.

                                       Walid ZUGHAIB

                           a.k.a.: Zughib, Zgha'ib, Zughayb;
                           Title: Doctor, Head of Institute 2000 of the SSRC;
                           Gender: male;
                           Nationality: Syrian

                           Walid Zughaib is the Director of Institute 2000, the division of the Scientific Studies and Research Centre (SSRC) responsible for mechanical development and production for Syria's chemical weapons programme.

                           21.1.2019

                                       4.

                                       Firas AHMED

                           a.k.a.: Ahmad;
                           Title: Colonel, Head of Security Office at Institute 1000 of the SSRC;
                           Gender: male;
                           Date of birth: 21 January 1967;
                           Nationality: Syrian

                           Firas Ahmed is the Director of the Security Office of Institute 1000, the division of the Scientific Studies and Research Centre (SSRC) responsible for developing and producing computer and electronic systems for Syria's chemical weapons programme. He was involved in transferring and concealing chemical weapons related materials following Syria's accession to the Chemical Weapons Convention.

                           21.1.2019

                                       5.

                                       Said SAID

                           a.k.a.: Saeed, Sa'id Sa'id,
                           Title: Doctor, member of Institute 3000 (a.k.a. institute 6000 a.k.a. Institute 5000) of the SSRC;
                           Gender: male;
                           Date of birth: 11 December 1955

                           Said Said is a significant figure in Institute 3000 a.k.a Institute 6000 a.k.a. Institute 5000, the division of the Scientific Studies and Research Centre (SSRC) that is responsible for developing and producing Syria's chemical weapons.

                           21.1.2019

                                       6.

                                       Anatoliy Vladimirovich CHEPIGA

                           Анатолий Владимирович ЧЕПИГА, a.k.a.: Ruslan BOSHIROV
                           Gender: male;
                           Dates of birth: 5 April 1979; 12 Apr 1978;
                           Places of Birth: Nikolaevka, Amur Oblast, Russia; Dushanbe, Tajikistan

                           GRU Officer Anatoliy Chepiga (a.k.a. Ruslan Boshirov) possessed, transported and then, during the weekend of 4 March 2018, in Salisbury, used a toxic nerve agent (“Novichok”). On 5 September 2018, the UK Crown Prosecution Service charged Ruslan Boshirov for conspiracy to murder Sergei Skripal; for the attempted murder of Sergei Skripal, Yulia Skripal and Nick Bailey; for the use and possession of Novichok; and for causing grievous bodily harm with intent to Yulia Skripal and Nick Bailey.

                           21.1.2019

                                       7.

                                       Alexander Yevgeniyevich MISHKIN

                           Александр Евгеньевич МИШКИН, a.k.a.: Alexander PETROV
                           Gender: male;
                           Date of birth:13 July 1979;
                           Places of Birth: Loyga, Russia; Kotlas, Russia

                           GRU Officer Alexander Mishkin (a.k.a. Alexander Petrov) possessed, transported and then, during the weekend of 4 March 2018, in Salisbury, used a toxic nerve agent (“Novichok”). On 5 September 2018, the UK Crown Prosecution Service charged Alexander Petrov for conspiracy to murder Sergei Skripal; for the attempted murder of Sergei Skripal, Yulia Skripal and Nick Bailey; for the use and possession of Novichok; and for causing grievous bodily harm with intent to Yulia Skripal and Nick Bailey.

                           21.1.2019

                                       8.

                                       Vladimir Stepanovich ALEXSEYEV

                           Владимир Степанович АЛЕКСЕЕВ
                           Gender: male;
                           Title: First Deputy Head of the GRU

                           Vladimir Stepanovich Alexseyev is the First Deputy Head of the GRU (a.k.a. GU). Given his senior leadership role in the GRU, Alexseyev is responsible for the possession, transport and use in Salisbury during the weekend of 4 March 2018 of the toxic nerve agent “Novichok” by officers from the GRU.

                           21.1.2019

                                       9.

                                       Igor Olegovich KOSTYUKOV

                           Игорь Олегович КОСТЮКОВ
                           Gender: male;
                           Title: Head of the GRU

                           Igor Olegovich Kostyukov, given his senior leadership role as First Deputy Head of the GRU (a. k. a. GU) at that time, is responsible for the possession, transport and use in Salisbury during the weekend of 4 March 2018 of the toxic nerve agent “Novichok” by officers from the GRU.

                           21.1.2019

                     B.   LEGAL PERSONS, ENTITIES AND BODIES

                           Name

                           Identifying information

                           Grounds for designation

                           Date of listing

                                       1.

                                       Scientific Studies and Research Centre (SSRC)

                           a.k.a.: Centre d'Études et de Recherches Scientifiques (CERS), Centre de Recherche de Kaboun
                           Address:

                                       Barzeh Street,

                                       Po Box 4470,

                                       Damascus

                           The Scientific Studies and Research Centre (SSRC) is the Syrian regime's principal entity for the development of chemical weapons.
                           The SSRC is responsible for the development and production of chemical weapons, as well as the missiles to deliver them, operating at a number of sites in Syria.

                           21.1.2019’


title: Commission Implementing Regulation (EU) 2019/107 of 23 January 2019 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

text:
                  25.1.2019

                  EN

                  Official Journal of the European Union

                  L 23/2

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/107
         of 23 January 2019
         amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 183(b) thereof,
         Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

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

               HAS ADOPTED THIS REGULATION:

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

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

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

                  For the Commission,

                  On behalf of the President,

               Jerzy PLEWA

                  Director-General

                  Directorate-General for Agriculture and Rural Development

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

            (2)  OJ L 150, 20.5.2014, p. 1.

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

            ANNEX

                     ‘ANNEX I

                                 CN code

                                 Description

                                 Representative price
                                 (EUR/100 kg)

                                 Security under Article 3
                                 (EUR/100 kg)

                                 Origin (1)

                                 0207 12 90

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

                                 122,1

                                 0

                                 AR

                                 0207 14 10

                                 Fowls of the species Gallus domesticus, boneless cuts, frozen

                                 267,2

                                 10

                                 AR

                                 219,4

                                 24

                                 BR

                                 333,0

                                 0

                                 CL

                                 252,5

                                 14

                                 TH

                                 0207 27 10

                                 Turkeys, boneless cuts, frozen

                                 327,6

                                 0

                                 BR

                                 373,0

                                 0

                                 CL

                                 1602 32 11

                                 Preparations of fowls of the species Gallus domesticus, uncooked

                                 275,3

                                 3

                                 BR

               ’

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


title: Commission Implementing Regulation (EU) 2017/2089 of 14 November 2017 on technical arrangements for developing, maintaining and employing electronic systems for the exchange of information and for the storage of such information under the Union Customs Code

text:
               15.11.2017

               EN

               Official Journal of the European Union

               L 297/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2089
   of 14 November 2017
   on technical arrangements for developing, maintaining and employing electronic systems for the exchange of information and for the storage of such information under the Union Customs Code
   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 the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Articles 8(1)(b) and 17 thereof,
   Whereas:

               (1)

               Article 6(1) of Regulation (EU) No 952/2013 (‘the Code’) requires that all exchanges of information, such as declarations, applications or decisions, between customs authorities and between economic operators and customs authorities, and the storage of that information, as required under the customs legislation, are made by using electronic data-processing techniques.

               (2)

               Commission Implementing Decision (EU) 2016/578 (2) establishes the Work Programme for the implementation of the electronic systems required for the application of the Code, which are to be developed through projects listed in section II of the Annex to that Implementing Decision.

               (3)

               Important technical arrangements for the functioning of the electronic systems should be specified, such as arrangements for development, testing and deployment as well as for maintenance and for changes to be introduced in the electronic systems. Further arrangements should be specified concerning data protection, updating of data, limitation of data processing and systems ownership and security.

               (4)

               In order to safeguard the rights and interests of the Union, Member States and economic operators, it is important to lay down the procedural rules and provide for alternative solutions to be implemented in the event of a temporary failure of the electronic systems.

               (5)

               The Customs Decisions system, developed through the UCC Customs Decisions project referred to in Implementing Decision (EU) 2016/578, pursues the objective of harmonising the processes for the application for a customs decision, for the decision taking and the decision management in the whole of the Union using only electronic data-processing techniques. It is therefore necessary to lay down the rules governing that electronic system. The scope of the system should be determined by reference to the customs decisions which are to be applied for, taken and managed using that system. Detailed rules should be set out for the system's common components (EU trader portal, central customs decisions management system and customer reference services) and national components (national trader portal and national customs decisions management system), by specifying their functions and their interconnections.

               (6)

               Furthermore, rules have to be put in place concerning the data relating to authorisations that are already stored in existing electronic systems, such as the Regular Shipping Service system (RSS), and national systems and that have to be migrated to the Customs Decisions System.

               (7)

               The Uniform User Management and Digital Signature system, developed through the Direct trader access to the European Information Systems (Uniform User Management & Digital Signature) project referred to in Implementing Decision (EU) 2016/578, is to manage the authentication and access verification process for economic operators and other users. Detailed rules need to be set out regarding the scope and characteristicsof the system by defining the different components (common and national components) of the system, their functions and interconnections. However, the ‘Digital Signature’ functionality is not yet available as part of the Uniform User Management and Digital Signature system. No detailed rules could therefore be laid down regarding that functionality in this Regulation.

               (8)

               This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, and notably the right to protection of personal data. Where for the purposes of the application of the customs legislation it is necessary to process personal data in the electronic systems, those data must be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (3) and Regulation (EC) No 45/2001 of the European Parliament and of the Council (4). The personal data of economic operators and persons other than economic operators processed by the electronic systems are restricted to the dataset as defined in Annex A, Group 3- Parties and Annex 12-01 of Commission Delegated Regulation (EU) 2015/2446 (5).

               (9)

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

         HAS ADOPTED THIS REGULATION:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Scope
   This Regulation shall apply to the following electronic systems:

               (a)

               the Customs Decisions system developed through the UCC Customs Decisions project referred to in the Annex to Implementing Decision (EU) 2016/578;

               (b)

               the Uniform User Management and Digital Signature system developed through the Direct trader access to the European Information Systems (Uniform User Management & Digital Signature) project referred to in the Annex to Implementing Decision (EU) 2016/578.

         Article 2
   Definitions
   For the purpose of this Regulation, the following definitions shall apply:

               (1)

               ‘common component’ means a component of the electronic systems developed at Union level, which is available for all Member States;

               (2)

               ‘national component’ means a component of the electronic systems developed at national level, which is available in the Member State that created such a component.

         Article 3
   Contact points for the electronic systems
   The Commission and the Member States shall designate contact points for each of the electronic systems for the purposes of exchanging information to ensure a coordinated development, operation and maintenance of those electronic systems. They shall communicate the details of those contact points to each other.
   The Commission and the Member States shall inform each other immediately of any changes to the details of those contact points.
   CHAPTER II

      CUSTOMS DECISIONS SYSTEM

   Article 4
   Object and structure of the CDS
   1.   The Customs Decisions system (CDS) shall enable communication between the Commission, Member States, economic operators and persons other than economic operators for the purposes of submitting and processing applications and decisions referred to in Article 5(1), as well as the management of decisions related to the authorisations, namely, amendments, revocations, annulments and suspensions.
   2.   The CDS shall consist of the following common components:

               (a)

               an EU trader portal;

               (b)

               a central customs decisions management system (‘central CDMS’);

               (c)

               customer reference services.

         3.   Member States may create the following national components:

               (a)

               a national trader portal;

               (b)

               a national customs decisions management system (‘national CDMS’).

         Article 5
   Use of the CDS
   1.   The CDS shall be used for the purposes of submitting and processing applications for the following authorisations, as well as the management of decisions related to the applications or authorisations:

               (a)

               authorisation for the simplification of the determination of amounts being part of the customs value of the goods, as referred to in Article 73 of the Code;

               (b)

               authorisation for the provision of a comprehensive guarantee, including possible reduction or waiver, as referred to in Article 95 of the Code;

               (c)

               authorisation of deferment of the payment of the duty payable, as far as the permission is not granted in relation to a single operation, as referred to in Article 110 of the Code;

               (d)

               authorisation for the operation of temporary storage facilities, as referred to in Article 148 of the Code;

               (e)

               authorisation to establish regular shipping services, as referred to in Article 120 of Delegated Regulation (EU) 2015/2446;

               (f)

               authorisation for the status of authorised issuer, as referred to in Article 128 of Delegated Regulation (EU) 2015/2446;

               (g)

               authorisation for the regular use of a simplified declaration, as referred to in Article 166(2) of the Code;

               (h)

               authorisation for centralised clearance, as referred to in Article 179 of the Code;

               (i)

               authorisation to lodge a customs declaration through an entry of data in the declarant's records, including for the export procedure, as referred to in Article 182 of the Code;

               (j)

               authorisation for self-assessment, as referred to in Article 185 of the Code;

               (k)

               authorisation for the status of an authorised weigher of bananas, as referred to in Article 155 of Delegated Regulation (EU) 2015/2446;

               (l)

               authorisation for the use of the inward processing procedure, as referred to in Article 211(1)(a) of the Code;

               (m)

               authorisation for the use of the outward processing procedure, as referred to in Article 211(1)(a) of the Code;

               (n)

               authorisation for the use of the end-use procedure, as referred to in Article 211(1)(a) of the Code;

               (o)

               authorisation for the use of the temporary admission procedure, as referred to in Article 211(1)(a) of the Code;

               (p)

               authorisation for the operation of storage facilities for customs warehousing of goods, as referred to in Article 211(1)(b) of the Code;

               (q)

               authorisation for the status of an authorised consignee for TIR operation, as referred to in Article 230 of the Code;

               (r)

               authorisation for the status of an authorised consignor for Union transit, as referred to in Article 233(4)(a) of the Code;

               (s)

               authorisation for the status of an authorised consignee for Union transit, as referred to in Article 233(4)(b) of the Code;

               (t)

               authorisation to use of seals of a special type, as referred to in Article 233(4)(c) of the Code;

               (u)

               authorisation to use a transit declaration with a reduced dataset, as referred to in Article 233(4)(d) of the Code;

               (v)

               authorisation for the use of an electronic transport document as a customs declaration, as referred to in Article 233(4)(e) of the Code.

         2.   The common components of the CDS shall be used with respect to applications and authorisations referred to in paragraph 1, as well as the management of decisions related to those applications and authorisations where those authorisations or decisions may have an impact in more than one Member State.
   3.   A Member State may decide that the common components of the CDS may be used with respect to applications and authorisations referred to in paragraph 1, as well as the management of decisions related to those applications and authorisations where those authorisations or decisions have an impact only in that Member State.
   4.   The CDS shall not be used with respect to applications, authorisations or decisions other than those listed to in paragraph 1.
   Article 6
   Authentication and access to the CDS
   1.   The authentication and access verification of economic operators and persons other than economic operators for the purposes of access to the common components of the CDS shall be effected using the Uniform User Management and Digital Signatures (UUM&DS) system referred to in Article 14.
   2.   The authentication and access verification of Member States' officials for the purposes of access to the common components of the CDS shall be effected using the network services provided by the Commission.
   3.   The authentication and access verification of Commission's staff for the purposes of access to the common components of the CDS shall be effected using the UUM&DS system or the network services provided by the Commission.
   Article 7
   EU trader portal
   1.   The EU trader portal shall be an entry point to the CDS for economic operators and persons other than economic operators.
   2.   The EU trader portal shall interoperate with the central CDMS as well as with national CDMS where created by Member States.
   3.   The EU trader portal shall be used for applications and authorisations referred to in Article 5(1), as well as the management of decisions related to those applications and authorisations where those authorisations or decisions may have an impact in more than one Member State.
   4.   A Member State may decide that the EU trader portal may be used for applications and authorisations referred to in Article 5(1), as well as the management of decisions related to those applications and authorisations where those authorisations or decisions have an impact only in that Member State.
   Where a Member State takes a decision to use the EU trader portal for authorisations or decisions that have an impact only in that Member State, it shall inform the Commission thereof.
   Article 8
   Central customs decisions management system
   1.   The central CDMS shall be used by the customs authorities of the Member States for processing of the applications and authorisations referred to in Article 5(1), as well as the management of decisions related to those applications and authorisations by enabling Member States to verify whether the conditions for the acceptance of the applications and for taking the decisions are fulfilled.
   2.   The central CDMS shall interoperate with the EU trader portal, the customer reference services and with the national CDMS, where created by the Member States.
   Article 9
   Consultation between the customs authorities using the CDS
   A customs authority of a Member State shall use the central CDMS when it needs to consult a customs authority of another Member State before taking a decision regarding the applications or authorisations referred to in Article 5(1).
   Article 10
   Customer reference services
   The customer reference services shall be used for the central storage of data relating to the authorisations referred to in Article 5(1), as well as decisions related to those authorisations, and shall enable the consultation, replication and validation of those authorisations by other electronic systems established for the purposes of Article 16 of the Code.
   Article 11
   National trader portal
   1.   The national trader portal, where created, shall be an additional entry point to the CDS for economic operators and persons other than economic operators.
   2.   With respect to applications and authorisations referred to in Article 5(1), as well as the management of decisions related to those applications and authorisations where those authorisations or decisions may have an impact in more than one Member State, economic operators and persons other than economic operators may choose to use the national trader portal, where created, or the EU trader portal.
   3.   The national trader portal shall interoperate with the national CDMS, where created.
   4.   Where a Member State creates a national trader portal, it shall inform the Commission thereof.
   Article 12
   National customs decisions management system
   1.   A national CDMS, where created, shall be used by the customs authority of the Member State which created it for processing the applications and authorisations referred to in Article 5(1), as well as the management of decisions related to those applications and authorisations by verifying whether the conditions for the acceptance of the applications and for taking the decisions are fulfilled.
   2.   The national CDMS shall interoperate with the central CDMS for the purposes of consultation between the customs authorities as referred to in Article 9.
   Article 13
   Migration of data relating to authorisations to the CDS
   1.   The data relating to authorisations referred to in Article 5(1) where those authorisations were issued as of 1 May 2016 or granted according to Article 346 of Commission Implementing Regulation (EU) 2015/2447 (6) and may have an impact in more than one Member State, shall be migrated and stored in the CDS if such authorisations are valid on the date of migration. The migration shall take place by 1 May 2019 at the latest.
   A Member State may decide to apply the first subparagraph also to authorisations referred to in Article 5(1) that have an impact only in that Member State.
   2.   The customs authorities shall ensure that the data to be migrated in accordance with paragraph 1 comply with the data requirements laid down in Annex A to Delegated Regulation (EU) 2015/2446 and Annex A to Commission Implementing Regulation (EU) 2015/2447. For that purpose, they may request the necessary information from the holder of the authorisation.
   CHAPTER III

      UNIFORM USER MANAGEMENT AND DIGITAL SIGNATURE SYSTEM

   Article 14
   Object and structure of the UUM&DS system
   1.   The Uniform User Management and Digital Signature (UUM&DS) system shall enable the communication between the Commission and the Member States' identity and access management systems referred to in Article 18 for the purposes of providing secure authorised access to the electronic systems to economic operators and persons other than the economic operators and Commission's staff.
   2.   The UUM&DS system shall consist of the following common components:

               (a)

               an access management system;

               (b)

               an administration management system;

         3.   A Member State shall create an identity and access management system as a national component of the UUM&DS system.
   Article 15
   Use of the UUM&DS system
   The UUM&DS system shall be used to ensure the authentication and access verification of:

               (a)

               economic operators and persons other than economic operators for the purposes of having access to the common components of the CDS;

               (b)

               the Commission's staff for the purposes of having access to the common components of the CDS and for the purposes of maintenance and management of the UUM&DS system.

         Article 16
   Access management system
   The Commission shall set up the access management system to validate the access requests submitted by the economic operators and persons other than economic operators within the UUM&DS system by interoperating with the Member States' identity and access management systems referred to in Article 18.
   Article 17
   Administration management system
   The Commission shall set up the administration management system to manage the authentication and authorisation rules for validating the identification data of economic operators and persons other than economic operators for the purposes of allowing access to the electronic systems.
   Article 18
   Member States' identity and access management systems
   The Member States shall set-up an identity and access management system to ensure:

               (a)

               a secure registration and storage of identification data of economic operators and persons other than economic operators;

               (b)

               a secure exchange of signed and encrypted identification data of economic operators and persons other than economic operators.

         CHAPTER IV

      FUNCTIONING OF THE ELECTRONIC SYSTEMS AND TRAINING IN THE USE THEREOF

   Article 19
   Development, testing, deployment and management of the electronic systems
   1.   The common components shall be developed, tested, deployed and managed by the Commission. The national components shall be developed, tested, deployed and managed by the Member States.
   2.   The Member States shall ensure that the national components are interoperable with the common components.
   Article 20
   Maintenance of and changes to the electronic systems
   1.   The Commission shall perform the maintenance of the common components and the Member States shall perform the maintenance of their national components.
   2.   The Commission and the Member States shall ensure uninterrupted operation of the electronic systems.
   3.   The Commission may change the common components of the electronic systems to correct malfunctions, to add new functionalities or alter existing ones.
   4.   The Commission shall inform the Member States of changes and updates to the common components.
   5.   Member States shall inform the Commission of changes and updates to the national components that may have repercussions on the functioning of the common components.
   6.   The Commission and Member States shall make the information on the changes and updates to the electronic systems pursuant to paragraphs 4 and 5 publicly available.
   Article 21
   Temporary failure of the electronic systems
   1.   In case of a temporary failure of the electronic systems as referred to in Article 6(3)(b) of the Code, economic operators and persons other than economic operators shall submit the information to fulfil the formalities concerned by the means determined by the Member States, including means other than electronic data processing techniques.
   2.   The customs authorities shall make sure the information submitted in accordance with paragraph 1 is made available in the respective electronic systems within 7 days of the respective electronic systems becoming available again.
   3.   The Commission and the Member States shall inform each other of the unavailability of the electronic systems resulting from a temporary failure.
   Article 22
   Training support on the use and functioning of the common components
   The Commission shall support the Member States on the use and functioning of the common components of the electronic systems by providing the appropriate training material.
   CHAPTER V

      DATA PROTECTION, DATA MANAGEMENT AND THE OWNERSHIP AND SECURITY OF THE ELECTRONIC SYSTEMS

   Article 23
   Personal data protection
   1.   The personal data registered in the electronic systems shall be processed for the purposes of implementing the customs legislation having regard to the specific objectives of each of the electronic systems as set out in Article 4(1) and Article 14(1), respectively.
   2.   The national supervisory authorities in the field of personal data protection and the European Data Protection Supervisor shall cooperate to ensure coordinated supervision of the processing of personal data registered in the electronic systems.
   Article 24
   Updating of data in the electronic systems
   Member States shall ensure that the data registered at national level corresponds to the data registered in the common components and is kept up to date.
   Article 25
   Limitation of data access and data processing
   1.   The data registered in the common components of the electronic systems by a Member State may be accessed or processed by that Member State. It may also be accessed and processed by another Member State where it is involved in the processing of an application or the management of a decision to which the data relates, including by way of a consultation in accordance with Article 9.
   2.   The data registered in the common components of the electronic systems by an economic operator or a person other than an economic operator may be accessed or processed by that economic operator or that person. It may also be accessed and processed by a Member State involved in the processing of an application or the management of a decision to which the data relates, including by way of a consultation in accordance with Article 9.
   Article 26
   System ownership
   1.   The Commission shall be the system owner of the common components.
   2.   The Member States shall be the system owners of the national components.
   Article 27
   System security
   1.   The Commission shall ensure the security of the common components. The Member States shall ensure the security of the national components.
   For those purposes, the Commission and Member States shall take, at least, the necessary measures to:

               (a)

               prevent any unauthorised person from having access to installations used for the processing of data;

               (b)

               prevent the entry of data and any consultation, modification or deletion of data by unauthorised persons;

               (c)

               detect any of the activities referred to in points (a) and (b);

         2.   The Commission and the Member States shall inform each other of any activities that might result in a breach or a suspected breach of the security of the electronic systems.
   CHAPTER VI

      FINAL PROVISIONS

   Article 28
   Assessment of the electronic systems
   The Commission and the Member States shall conduct assessments of the components they are responsible for and shall in particular analyse the security and integrity of the components and the confidentiality of data processed within those components.
   The Commission and the Member States shall inform each other of the assessment results.
   Article 29
   Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 November 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Commission Implementing Decision (EU) 2016/578 of 11 April 2016 establishing the Work Programme relating to the development and deployment of the electronic systems provided for in the Union Customs Code (OJ L 99, 15.4.2016, p. 6).

      (3)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).

      (4)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (5)  Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).

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


title: Commission Implementing Regulation (EU) 2017/2090 of 14 November 2017 concerning the approval of beer as a basic substance in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance. )

text:
               15.11.2017

               EN

               Official Journal of the European Union

               L 297/22

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2090
   of 14 November 2017
   concerning the approval of beer as a basic substance in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 23(5) in conjunction with Article 13(2) thereof,
   Whereas:

               (1)

               In accordance with Article 23(3) of Regulation (EC) No 1107/2009, the Commission received on 11 November 2016 an application from the Institut Technique de l'Agriculture Biologique for the approval of beer as a basic substance. That application was accompanied by the information required by the second subparagraph of Article 23(3) of Regulation (EC) No 1107/2009.

               (2)

               The Commission asked the European Food Safety Authority (‘the Authority’) for scientific assistance. The Authority presented to the Commission a Technical Report on beer on 9 June 2017 (2). The Commission presented the review report (3) and a draft of this Regulation to the Standing Committee on Plants, Animals, Food and Feed on 20 July 2017 and finalised them for the meeting of that Committee on 6 October 2017.

               (3)

               The documentation provided by the applicant shows that beer fulfils the criteria of a foodstuff as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (4). Moreover, it is not predominantly used for plant protection purposes but nevertheless is useful in plant protection in a product consisting of the substance and water. Consequently, it is to be considered as a basic substance.

               (4)

               It has appeared from the examinations made that beer may be expected to satisfy, in general, the requirements laid down in Article 23 of Regulation (EC) No 1107/2009, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve beer as a basic substance.

               (5)

               In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions.

               (6)

               In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 (5) should be amended accordingly.

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Approval of a basic substance
   The substance beer is approved as a basic substance as laid down in Annex I.
   Article 2
   Amendments to Implementing Regulation (EU) No 540/2011
   Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
   Article 3
   Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 November 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  EFSA (European Food Safety Authority), 2017. Technical report on the outcome of the consultation with Member States and EFSA on the basic substance application for beer for use in plant protection against slugs and snails. EFSA supporting publication 2017:EN-1253. 30 pp. doi:10.2903/sp.efsa.2017.EN-1253.

      (3)  http://ec.europa.eu/food/plant/pesticides/eu-pesticides-database/public/?event=activesubstance.selection&language=EN

      (4)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

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

      ANNEX I

                  Common Name, Identification Numbers

                  IUPAC Name

                  Purity (1)

                  Date of approval

                  Specific provisions

                  Beer
                  CAS No 8029-31-0

                  Not applicable

                  Food grade

                  5 December 2017

                  Beer shall be used in accordance with the specific conditions included in the conclusions of the review report on beer (SANTE/11038/2017) and in particular Appendices I and II thereto.

         (1)  Further details on identity, specification and manner of use of basic substance are provided in the review report.

      ANNEX II
      In Part C of the Annex to Implementing Regulation (EU) No 540/2011, the following entry is added:

                     Number

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Date of approval

                     Specific provisions

                     ‘17

                     Beer
                     CAS No 8029-31-0

                     Not applicable

                     Food grade

                     5 December 2017

                     Beer shall be used in accordance with the specific conditions included in the conclusions of the review report on beer (SANTE/11038/2017) and in particular Appendices I and II thereto.’

         (1)  Further details on identity, specification and manner of use of basic substance are provided in the review report.