title: Commission Implementing Regulation (EU) 2018/784 of 29 May 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance clothianidin (Text with EEA relevance. )

text:
               30.5.2018

               EN

               Official Journal of the European Union

               L 132/35

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/784
   of 29 May 2018
   amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance clothianidin
   (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 21(3), Article 49(2) and Article 78(2) thereof,
   Whereas:

               (1)

               The active substance clothianidin was included in Annex I to Council Directive 91/414/EEC (2) by Commission Directive 2006/41/EC (3).

               (2)

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

               (3)

               Commission Implementing Regulation (EU) No 485/2013 (5) amended the conditions of approval of the active substance clothianidin and required the applicants to provide confirmatory information as regards:

                           (a)

                           the risk to pollinators other than honey bees;

                           (b)

                           the risk to honey bees foraging in nectar or pollen in succeeding crops;

                           (c)

                           the potential uptake via roots to flowering weeds;

                           (d)

                           the risk to honey bees foraging on insect honey dew;

                           (e)

                           the potential guttation exposure and the acute and the long-term risk to colony survival and development, and the risk to bee brood resulting from such exposure;

                           (f)

                           the potential exposure to dust drift following drill and the acute and the long-term risk to colony survival and development, and the risk to bee brood resulting from such exposure;

                           (g)

                           the acute and long term risk to colony survival and development and the risk to bee brood for honeybees from ingestion of contaminated nectar and pollen.

               (4)

               In December 2014, the applicants submitted additional information concerning bees (i.e. honey bees, bumble bees and solitary bees) to the rapporteur Member State Belgium within the time period provided for its submission. They provided updated dossiers in March 2015 and June 2015.

               (5)

               Belgium assessed the additional information submitted by the applicants. It submitted its assessment, in the form of an addendum to the draft assessment report, to the other Member States, the Commission and the European Food Safety Authority (‘the Authority’) on 31 August 2015.

               (6)

               The Commission consulted the Authority which presented its conclusion on the risk assessment of clothianidin on 13 October 2016 (6). The Authority identified for most crops high acute risks for bees from plant protection products containing the active substance clothianidin. In particular, as regards exposure via dust, the Authority identified high acute risks for bees for winter cereals and high chronic risks to bees cannot be excluded for sugar beets. For the consumption of residues in contaminated pollen and nectar, high acute and chronic risks were identified or a high risk cannot be excluded for most field uses. Chronic and acute risks to bees were also identified in the succeeding crops for all field uses. For forestry nursery, no data was provided by the applicants and risks to bees can therefore not be excluded. Furthermore the Authority identified a number of data gaps.

               (7)

               As foreseen in recital (16) of Implementing Regulation (EU) No 485/2013, the Commission initiated a review of new scientific information on 11 February 2015 by mandating EFSA to organise an open call for data. EFSA launched an open call for data which ended on 30 September 2015 (7).

               (8)

               On 13 November 2015, the Commission requested EFSA to provide conclusions concerning an updated risk assessment for bees as regards the use of clothianidin applied as a seed treatment or granules by organising a peer review and taking into account the data collected in the framework of the specific open call for data and any other new data from studies, research and monitoring activities that are relevant to the uses under consideration. The Authority presented its conclusion on the peer review of the updated pesticide risk assessment for bees for the active substance clothianidin considering the uses as seed treatment and granules on 28 February 2018 (8). The applicants were given the opportunity to comment on this conclusion. The applicants submitted their comments which have been carefully examined.

               (9)

               The draft assessment report, the addendum to the draft assessment report and the conclusions of the Authority were reviewed by the Member States and the Commission within the Standing Committee on Plants, Animals, Food and Feed and finalised on 27 April 2018 in the form of a revised addendum to the Commission review report for clothianidin.

               (10)

               The Commission invited the applicants to submit their comments on the revised addendum to the review report for clothianidin. The applicants submitted their comments which have been carefully examined.

               (11)

               Having reviewed the information submitted by the applicants in 2014 and 2015 the Commission has concluded that the further confirmatory information required by Implementing Regulation (EU) No 485/2013 has not been provided, and having also considered the conclusion on the updated risk assessment for bees, the Commission has concluded that further risks to bees cannot be excluded without imposing further restrictions. Bearing in mind the need to ensure a level of safety and protection consistent with the high level of protection of animal health that is sought within the Union, it is appropriate to prohibit all outdoor uses. Therefore, it is appropriate to limit the use of clothianidin to permanent greenhouses and to require that the resulting crop stays its entire life cycle within a permanent greenhouse, so that it is not replanted outside.

               (12)

               The Annex to Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

               (13)

               Taking into account the risks for bees from treated seeds, the placing on the market and the use of seeds treated with plant protection products containing clothianidin should be subject to the same restrictions as the use of clothianidin. It is therefore appropriate to provide that seeds treated with plant protection products containing clothianidin shall not be placed on the market or used, except where the seeds are intended to be used only in permanent greenhouses and the resulting crop stays within a permanent greenhouse during its entire life cycle.

               (14)

               Member States should be allowed sufficient time to amend or withdraw authorisations for plant protection products containing clothianidin.

               (15)

               For plant protection products containing clothianidin, where Member States grant a grace period pursuant to Article 46 of Regulation (EC) No 1107/2009, that period should, at the latest, expire on 19 December 2018.

               (16)

               The prohibition of placing on the market and use of treated seeds should apply only as of 19 December 2018 in order to allow for a sufficient period of transition.

               (17)

               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
   Amendment to Implementing Regulation (EU) No 540/2011
   Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.
   Article 2
   Prohibition of the placing on the market and use of treated seeds
   Seeds treated with plant protection products containing clothianidin shall not be placed on the market or used, except where:

               (a)

               the seeds are intended to be used only in permanent greenhouses, and

               (b)

               the resulting crop stays within a permanent greenhouse during its entire life cycle.

         Article 3
   Transitional measures
   Member States shall, in accordance with Regulation (EC) No 1107/2009, where necessary amend or withdraw existing authorisations for plant protection products containing clothianidin as active substance by 19 September 2018 at the latest.
   Article 4
   Grace period
   Any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall be as short as possible and shall expire by 19 December 2018 at the latest.
   Article 5
   Amendment to Implementing Regulation (EU) No 485/2013
   As regards seeds which have been treated with plant protection products containing clothianidin, Article 2 of Implementing Regulation (EU) No 485/2013 is deleted.
   Article 6
   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.
   However, Article 2 and Article 5 shall apply as of 19 December 2018.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 29 May 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

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

      (3)  Commission Directive 2006/41/EC of 7 July 2006 amending Council Directive 91/414/EEC to include clothianidin and pethoxamid as active substances (OJ L 187, 8.7.2006, p. 24).

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

      (5)  Commission Implementing Regulation (EU) No 485/2013 of 24 May 2013 amending Implementing Regulation (EU) No 540/2011, as regards the conditions of approval of the active substances clothianidin, thiamethoxam and imidacloprid, and prohibiting the use and sale of seeds treated with plant protection products containing those active substances (OJ L 139, 25.5.2013, p. 12).

      (6)  EFSA (European Food Safety Authority), 2016. Conclusion on the peer review of the pesticide risk assessment for the active substance clothianidin in light of conﬁrmatory data submitted. EFSA Journal 2016;14(11):4606, 34 pp. doi:10.2903/j.efsa.2016.4606.

      (7)  EFSA (European Food Safety Authority), 2015. Technical report on the open call for new scientific information as regards the risk to bees from the use of the three neonicotinoid pesticide active substances clothianidin, imidacloprid and thiamethoxam applied as seed treatments and granules in the EU. EFSA supporting publication 2015:EN-903. 8pp.

      (8)  EFSA (European Food Safety Authority), 2018. Conclusions on the peer review of the pesticide risk assessment for bees for the active substance clothianidin considering the uses as seed treatments and granules. EFSA Journal 2018;16(2):5177. 86 pp.

      ANNEX
      The text of the column ‘Specific provisions’ of row 121, clothianidin, of Part A of the Annex to Implementing Regulation (EU) No 540/2011 is replaced by the following:

         ‘PART A
         Only uses as insecticide, in permanent greenhouses or for the treatment of seeds intended to be used only in permanent greenhouses, may be authorised. The resulting crop must stay within a permanent greenhouse during its entire life cycle.
         PART B
         For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on clothianidin, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 27 January 2006 and the conclusions of the revised addendum of the review report on clothianidin as finalised in the Standing Committee on Plants, Animals, Food and Feed on 27 April 2018 shall be taken into account.
         In this overall assessment Member States must pay particular attention to:

                     —

                     the risk to groundwater;

                     —

                     the risk to bees and bumble bees released for pollination in permanent greenhouses;

                     —

                     the exposure of bees via the consumption of contaminated water from the permanent greenhouses.

               Member States shall ensure that the seed coating shall only be performed in professional seed treatment facilities. Those facilities must apply the best available techniques in order to ensure that the release of dust during application to the seed, storage, and transport can be minimised.
         Conditions of use shall include risk mitigation measures, where appropriate.’


title: Commission Implementing Regulation (EU) 2018/787 of 25 May 2018 concerning the classification of certain goods in the Combined Nomenclature

text:
                  31.5.2018

                  EN

                  Official Journal of the European Union

                  L 134/1

            COMMISSION IMPLEMENTING REGULATION (EU) 2018/787
      of 25 May 2018
      concerning the classification of certain goods in the Combined Nomenclature
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
      Whereas:

                  (1)

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

                  (2)

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

                  (3)

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

                  (4)

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

                  (5)

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

            HAS ADOPTED THIS REGULATION:
      Article 1
      The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
      Article 2
      Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.
      Article 3
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 25 May 2018.

               For the Commission,

               On behalf of the President,

            Stephen QUEST

               Director-General

               Directorate-General for Taxation and Customs Union

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

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

         ANNEX

                     Description of the goods

                     Classification
                     (CN-code)

                     Reasons

                     (1)

                     (2)

                     (3)

                     An article (so-called ‘lace-orthosis’) made of several pieces of textile material sewn together, with an opening for the heel and the toes, hemmed around the openings and on the edges of the article. The vamp area is closed by a tongue made of crocheted textile material. The other textile parts consist of several layers of elastically crocheted textile materials.
                     A plate of elastic plastic is fixed to the textile and only partly visible on the outside of the article. The plastic plate reaches around the sole and has eyelets along the vamp of the article and lace hooks along the shaft to allow for tightening the article around the foot and calf with textile laces.
                     The plastic plate gives some stability to the article. Nevertheless it is flexible and, when tightened with the laces, it applies pressure against the foot and calf.
                     This article is presented to be worn inside a shoe and used as an ankle bandage in the case of sprained ankles and contusions of the ankle, ligament tears and lesions, and for the prevention of these injuries, as well as in the case of ligament instability. However, it cannot completely prevent a specific movement of the defective part of the body.
                     In postoperative rehabilitation, it facilitates a return to full weight-bearing.
                     See images (*1).

                     6307 90 10

                     Classification is determined by general rules 1, 3(c) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 6307 , 6307 90  and 6307 90 10 .
                     The article cannot be adjusted to a specific handicap of a patient but has a multi-functional use. It is similar to a simple textile bandage that is wrapped around a ligament and tightened around certain parts to apply pressure to support healing or to prevent further injuries, ensuring that undesired movements are not carried out subconsciously as reflex movements (see also the Explanatory Notes to the Combined Nomenclature (CNEN) of the European Union to subheading 9021 10 10 , second paragraph).
                     Consequently, the article's objective characteristics are such that they do not distinguish it from ordinary supports for general use, in particular, by reason of the materials of which it is made (flexible materials), the method of operation (applying pressure through tightening) or the adjustability to the patient's specific handicaps (see also Note 6 to Chapter 90 and judgment of 7 November 2002, Lohmann and Medi Bayreuth, Joined Cases C-260/00 to C-263/00, ECLI:EU:C:2002:637, paragraphs 39 and 45).
                     Moreover, the article cannot be classified as an ‘orthopaedic appliance’ under CN code 9021 10 10  as, due to its elasticity, it cannot completely prevent a specific movement of the defective part of the body in order to exclude further injuries (see also the CNEN to subheading 9021 10 10 , second paragraph). For example, in case of torn ligaments, the article should make the tilting of the ankle joint impossible even when running or jumping. However, the textile material and the flexible plastic material that the article is made of cannot sustain the weight of the body during running.
                     The desired effect of application of pressure is given by the plastic as well as by the textile materials. Consequently, both materials are equally essential within the meaning of general rule 3 (b) for the interpretation of the Combined Nomenclature and the article is to be classified under the heading which occurs last in numerical order among those which equally merit consideration (headings 3926  and 6307 ).
                     The article is therefore to be classified under CN code 6307 90 10  as ‘other made-up textile articles’.

            (*1)  The images are purely for information.


title: Commission Implementing Regulation (EU) 2018/788 of 30 May 2018 amending Implementing Regulation (EU) 2017/1993 imposing a definitive anti-dumping duty on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China as extended to imports of certain open mesh fabrics of glass fibres consigned from India, Indonesia, Malaysia, Taiwan and Thailand, whether declared as originating in these countries or not following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

text:
               31.5.2018

               EN

               Official Journal of the European Union

               L 134/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/788
   of 30 May 2018
   amending Implementing Regulation (EU) 2017/1993 imposing a definitive anti-dumping duty on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China as extended to imports of certain open mesh fabrics of glass fibres consigned from India, Indonesia, Malaysia, Taiwan and Thailand, whether declared as originating in these countries or not following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), and in particular Articles 11(4) and 13(4) thereof,
   Whereas:
   1.   MEASURES IN FORCE

               (1)

               By Regulation (EU) No 791/2011 (2) the Council imposed a residual anti-dumping duty of 62,9 % on imports of certain open mesh fabrics of glass fibres, originating in the People's Republic of China. Following an anti-circumvention investigation under Article 13 of the basic Regulation, these measures were later extended to imports consigned from India and Indonesia, whether declared as originating in India and Indonesia or not, by Council Implementing Regulation (EU) No 1371/2013 (3) (‘the extended measures’). By the same Regulation, an Indian exporting producer was exempted from these extended measures. Later, by Commission Implementing Regulation (EU) 2015/1507 (4) another Indian exporting producer was also exempted from the extended measures.

               (2)

               Following an anti-circumvention investigation pursuant to Article 13 of the basic Regulation, the anti-dumping measures were extended also to Malaysia (5), Taiwan and Thailand (6).

               (3)

               The measures currently in force are anti-dumping duties imposed by Commission Implementing Regulation (EU) 2017/1993 (7) following an expiry review that confirmed the continuation of the measures.

         2.   REQUEST FOR A REVIEW

               (4)

               The European Commission (‘the Commission’) subsequently received a request for an exemption from the anti-dumping measures applicable to imports of the product under review originating in the People's Republic of China, as extended to imports consigned from India, whether declared as originating in India or not, under Articles 11(4) and 13(4) of the basic Regulation.

               (5)

               The request was lodged on 26 January 2017 by SPG Glass Fibre PVT. LTD (‘the applicant’), an exporting producer of the product under review in India (‘the country concerned’). This request was limited in scope to the possibility of obtaining an exemption from the extended measures as far as the applicant is concerned.

               (6)

               The Commission examined the evidence submitted by the applicant and considered it sufficient to justify the initiation of an investigation pursuant to Articles 11(4) and 13(4) of the basic Regulation. The Commission thus initiated an investigation on 1 September 2017 by publishing Commission Implementing Regulation (EU) 2017/1514 (8) in the Official Journal of the European Union.

               (7)

               Furthermore, pursuant to Article 3 of Implementing Regulation (EU) 2017/1514, the Commission directed customs authorities to take the appropriate steps to register imports of the product under review consigned from India and produced and sold for export to the Union by the applicant, in accordance with Article 14(5) of the basic Regulation.

         3.   PRODUCT UNDER REVIEW

               (8)

               The product subject to the present review is open mesh fabrics of glass fibres, of a cell size of more than 1,8 mm both in length and in width and weighing more than 35 g/m2, excluding glass fibre discs, originating in the People's Republic of China or consigned from India, whether declared as originating in India or not (‘the product under review’), currently falling within CN codes ex 7019 51 00 and ex 7019 59 00.

         4.   INVESTIGATION

   (a)   Investigation period

               (9)

               The reporting period covered the period from 1 July 2016 to 30 June 2017. Data was collected from the investigation period that led to the extended measures (1 April 2012 to 31 March 2013) until the end of the reporting period (‘the review investigation period’).

               (10)

               The Commission officially advised the Union industry, the applicant and the Government of India of the initiation of the review. Interested parties were invited to make their views known and were informed of the possibility to request a hearing. No comments were received, nor did interested parties request a hearing with the Commission.

               (11)

               The Commission sent a questionnaire to the applicant and received a reply within the given deadline. The Commission sought and verified on the spot all the information necessary for the purposes of the review. A verification visit was carried out at the premises of the applicant in Mumbai and in Umbergaon, India.

         (b)   The applicant

               (12)

               The applicant is SPG Glass Fibre PVT. LTD an exporting producer of the product under review in India.

         (c)   Findings of the investigation

               (13)

               The Commission examined whether the conditions for granting an exemption under Article 11(4) and 13(4) of the basic Regulation were fulfilled.

               (14)

               The investigation confirmed that the applicant had not exported the product under review to the Union during the investigation period of the anti-circumvention investigation that led to the extended measures, that is 1 April 2012 to 31 March 2013.

               (15)

               The investigation confirmed that the applicant was not related to any Chinese exporters or producers subject to the anti-dumping measures.

               (16)

               Furthermore, the investigation confirmed that the applicant is a genuine producer of the product under review not engaged in circumvention practices. The applicant is an integrated producer purchasing domestically produced glass spheres for the production of glass fibres and using the latter as the raw material for open mesh fabrics. The finished product has subsequently been sold on the domestic market in a continuous manner. More recently, as the applicant is aiming to export its goods, some export transactions to countries outside the European Union have taken place.

               (17)

               The investigation confirmed that the applicant was not purchasing the finished product under review from the People's Republic of China in order to resell or tranship to the Union.

               (18)

               The applicant was also able to produce written evidence of a contractually binding nature containing an obligation to ship the product under review to a customer in the Union. Actual shipments have not yet taken place, since it has been mutually agreed to await the outcome of this proceeding before proceeding with shipments.

               (19)

               The findings above were disclosed to the applicant and the Union industry, which were given the opportunity to provide comments. The applicant submitted that it agreed to the Commission's findings.

               (20)

               Comments on disclosure were made by the Union industry, objecting to the exemption. In particular, it expressed doubts concerning the integrated nature of SPG's production, and the finding that the raw materials were not of Chinese origin. It also contested that SPG would endeavour to produce glass fibre itself as this would entail an outdated melting process with prohibitively high energy costs. It complained that the public file did not allow it to address these concerns, especially in relation to earlier data on the record.

               (21)

               The Commission added an explanatory note to the public file which confirms that SPG's sourcing of C-type glass fibre yarn and roving from China was replaced by SPG's own production of glass fibres from glass spheres, sourced in India, as from 2016 when the appropriate machinery was purchased, and thus made SPG an integrated producer of the product concerned. These facts and the accompanying increase in energy costs were confirmed during the on-spot verification. However, the findings do not allow for judging the appropriateness of the production process. The Union industry's claims were therefore rejected.

         (d)   Conclusions

               (22)

               In accordance with the findings described in recitals (13) to (18), the Commission concludes that the applicant fulfils the conditions for an exemption under Articles 11(4) and 13(4) of the basic Regulation and should be added to the list of companies that are exempted from the anti-dumping duty imposed by Implementing Regulation (EU) 2017/1993.

               (23)

               The exemption from the extended measures granted to imports of the product under review produced by the applicant, in accordance with Article 13(4) of the basic Regulation, remains valid on condition that the facts as finally ascertained justify the exemption. Should new prima facie evidence indicate otherwise, an investigation may be initiated by the Commission to establish whether withdrawal of the exemption is warranted.

               (24)

               The exemption from the extended measures granted to imports of the product under review produced by the applicant is made on the basis of the findings of the present review. This exemption is thus exclusively applicable to imports of the product under review consigned from India and produced by the abovementioned specific legal entity. Imported product under review produced by any company not specifically mentioned in Article 1(3) of Implementing Regulation (EU) 2017/1993 with its name, including entities related to those specifically mentioned, should not benefit from the exemption and should be subject to the residual duty rate as imposed by that Regulation.

               (25)

               Implementing Regulation (EU) 2017/1993 should be amended to include SPG Glass Fibre PVT. LTD in its Article 1(3).

               (26)

               In order to benefit from the exemption an invoice conforming to certain requirements should be produced to the customs authorities. It is noted that this same requirement is applicable to Montex Glass Fibre Industries Pvt.Ltd and to Pyrotek India Pvt. Ltd These companies have already received an exemption from the measures in force. As that condition was not reproduced in Implementing Regulation (EU) 2017/1993, the omission is corrected through this Regulation.

         5.   COMITOLOGY REQUIREMENTS

               (27)

               This Regulation is in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036.

         HAS ADOPTED THIS REGULATION:
   Article 1
   Implementing Regulation (EU) 2017/1993 is modified as follows:

               (1)

               Article 1(3) is replaced by the following:
               ‘3.   The definitive anti-dumping duty applicable to imports originating in the People's Republic of China, as set out in paragraph 2, is hereby extended to imports of the same open mesh fabrics consigned from India and Indonesia, whether declared as originating in India and Indonesia or not (TARIC codes 7019510014, 7019510015, 7019590014 and 7019590015) with the exception of those produced by Montex Glass Fibre Industries Pvt. Ltd (TARIC additional code B942), Pyrotek India Pvt. Ltd (TARIC additional code C051), and SPG Glass Fibre Pvt. Ltd (TARIC additional code C205), to imports of the same open mesh fabrics consigned from Malaysia, whether declared as originating in Malaysia or not (TARIC codes 7019510011 and 7019590011) and to imports of the same open mesh fabrics consigned from Taiwan and Thailand, whether declared as originating in Taiwan and Thailand or not (TARIC codes 7019510012, 7019510013, 7019590012 and 7019590013).
               The application of the exemption granted to Montex Glass Fibre Industries Pvt. Ltd, Pyrotek India Pvt. Ltd and SPG Glass Fibre PVT. Ltd shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II to this Regulation. If no such invoice is presented, the anti-dumping duty as imposed by paragraph 1 shall apply.’

               (2)

               The text in Annex to this regulation shall be added as Annex II.

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 May 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 176, 30.6.2016, p. 21.

      (2)  Council Implementing Regulation (EU) No 791/2011 of 3 August 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China (OJ L 204, 9.8.2011, p. 1).

      (3)  Council Implementing Regulation (EU) No 1371/2013 of 16 December 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 791/2011 on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China to imports of certain open mesh fabrics of glass fibres consigned from India and Indonesia, whether declared as originating in India and Indonesia or not (OJ L 346, 20.12.2013, p. 20).

      (4)  Commission Implementing Regulation (EU) 2015/1507 of 9 September 2015 amending Council Implementing Regulation (EU) No 1371/2013 extending a definitive anti- dumping duty imposed on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China to imports consigned, inter alia, from India, whether declared as originating in India or not (OJ L 236, 10.9.2015, p. 1).

      (5)  Council Implementing Regulation (EU) No 672/2012 of 16 July 2012, extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 791/2011 on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China to imports of certain open mesh fabrics of glass fibres consigned from Malaysia, whether declared as originating in Malaysia or not (OJ L 196, 24.7.2012, p. 1).

      (6)  Council Implementing Regulation (EU) No 21/2013 of 10 January 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 791/2011 on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China to imports of certain open mesh fabrics of glass fibres consigned from Taiwan and Thailand, whether declared as originating in Taiwan and Thailand or not (OJ L 11, 16.1.2013, p. 1).

      (7)  Commission Implementing Regulation (EU) 2017/1993 of 6 November 2017 imposing a definitive anti-dumping duty on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China as extended to imports of certain open mesh fabrics of glass fibres consigned from India, Indonesia, Malaysia, Taiwan and Thailand, whether declared as originating in these countries or not, following an expiry review pursuant to Article 11(2) of the Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 288, 7.11.2017, p. 4).

      (8)  Commission Implementing Regulation (EU) 2017/1514 of 31 August 2017 initiating a review of Council Implementing Regulation (EU) No 1371/2013 (extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 791/2011 on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China to imports of certain open mesh fabrics of glass fibres consigned from India and Indonesia, whether declared as originating in India and Indonesia or not) for the purposes of determining the possibility of granting an exemption from those measures to one Indian exporting producer, repealing the anti-dumping duty with regard to imports from that exporting producer and making imports from that exporting producer subject to registration (OJ L 226, 1.9.2017, p. 1).

      ANNEX
      ‘
            ANNEX II
            A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1:

                        1.

                        The name and function of the official of the entity issuing the commercial invoice;

                        2.

                        The following declaration:
                        ‘I, the undersigned, certify that the (volume) of (product concerned) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in (country concerned). I declare that the information provided in this invoice is complete and correct’;

                        3.

                        Date and signature.

                  ’


title: Commission Implementing Regulation (EU) 2018/791 of 31 May 2018 amending Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community

text:
                  1.6.2018

                  EN

                  Official Journal of the European Union

                  L 136/1

            COMMISSION IMPLEMENTING REGULATION (EU) 2018/791
      of 31 May 2018
      amending Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Article 2(1)(h) thereof,
      Having regard to the requests submitted by Finland, Greece, Ireland, Italy, Lithuania, Malta, Portugal, Slovakia, Slovenia, Sweden and the United Kingdom,
      Whereas:

                  (1)

                  By Commission Regulation (EC) No 690/2008 (2) certain Member States and certain areas in Member States were recognised as protected zones in respect of certain harmful organisms. In some cases recognition was granted for a limited period of time to allow the Member State concerned to provide the full information necessary to show that the harmful organisms in question did not occur in the Member State or area concerned, or to complete the efforts to eradicate the organism in question. Since then, there have been significant developments in the plant health status of certain protected zones in some Member States.

                  (2)

                  The territory of Finland was recognised as a permanent protected zone with respect to Bemisia tabaci Genn. (European populations). Finland requested the revocation of the status of its protected zone due to an insufficient degree of continued economic and plant health benefit. Finland should therefore no longer be recognised as a protected zone in respect of Bemisia tabaci Genn (European populations).

                  (3)

                  The territory of Azores in Portugal was recognised until 30 April 2018 as a protected zone in respect of Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens and Rhynchophorus ferrugineus (Olivier). From further information provided by Portugal, it appears that the territory of Azores continues to be free from those organisms. Therefore, Azores should be recognised as a protected zone in respect of those harmful organisms without any time limitation.

                  (4)

                  Ireland and the United Kingdom have requested that the territories of Ireland and Northern Ireland, respectively, be recognised as a protected zone in respect of Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess). On the basis of surveys conducted since 2011 in Ireland and since 2012 in Northern Ireland in the United Kingdom, Ireland and the United Kingdom have submitted evidence that the harmful organisms concerned do not occur in the respective territories, despite favourable conditions for those organisms to establish there. It is, however, necessary that further surveys be carried out. Those surveys should further be monitored by experts under the authority of the Commission. Therefore, Ireland and Northern Ireland in the United Kingdom should be recognised as a protected zone in respect of Liriomyza huidobrensis and Liriomyza trifolii until 30 April 2020.

                  (5)

                  The territories of Ireland, Malta and the United Kingdom were recognised until 30 April 2018 as a protected zone in respect of Paysandisia archon (Burmeister). From further information provided by Ireland, Malta and the United Kingdom, it appears that their territories continue to be free from that organism. Therefore, Ireland, Malta and the United Kingdom should be recognised as a protected zone in respect of Paysandisia archon without any time limitation.

                  (6)

                  The territories of Ireland and the United Kingdom were recognised until 30 April 2018 as a protected zone in respect of Rhynchophorus ferrugineus (Olivier). From further information provided by Ireland and the United Kingdom, it appears that their territories continue to be free from that organism. Therefore, Ireland and the United Kingdom should be recognised as a protected zone in respect of Rhynchophorus ferrugineus without any time limitation.

                  (7)

                  The territory of the United Kingdom was recognised until 30 April 2018 as a protected zone in respect of Thaumetopoea pityocampa Denis & Schiffermüller and ‘Candidatus Phytoplasma ulmi’. From further information provided by the United Kingdom, it appears that their territory continues to be free from those organisms. Therefore, the United Kingdom should be recognised as a protected zone in respect of Thaumetopoea pityocampa Denis & Schiffermüller and ‘Candidatus Phytoplasma ulmi’ without any time limitation.

                  (8)

                  The territory of the United Kingdom, with the exception of certain local authority areas, was recognised as a protected zone with respect to Thaumetopoea processionea L. until 30 April 2018. The United Kingdom has submitted information showing that Thaumetopoea processionea L. is now established in the local authority areas of Barking and Dagenham; Basildon; Basingstoke and Dene; Bexley; Bracknell Forest; Brentwood; Broxbourne; Castle Point; Chelmsford; Chiltem; Crawley; Dacorum; Dartford; East Hertfordshire; Enfield; Epping Forest; Gravesham; Greenwich; Harlow; Hart; Havering; Hertsmere; Horsham; Littlesford; Medway; Mid Sussex; Mole Valley; Newham; North Hertfordshire; Redbridge; Reigate and Banstead; Rushmoor; Sevenoaks; South Bedfordshire; South Bucks; St Albans; Surrey Heath; Tandridge; Three Rivers; Thurrock; Tonbridge and Malling; Waltham Forest; Watford; Waverley; Welwyn Hatfield; Windsor and Maidenhead, Wokingham and Wycombe. Those areas should therefore no longer be recognised as part of the protected zone of the United Kingdom and be added to the list of local authority areas excluded from the protected zone. That information also shows that the rest of the territory of the United Kingdom, which was recognised as a protected zone with respect to Thaumetopoea processionea L. appears to continue to be free from that harmful organism. It is, however, necessary that further surveys be carried out. Those surveys should be further monitored by experts under the authority of the Commission. Therefore, the United Kingdom, with the exception of certain local authority areas, should continue to be recognised as a protected zone in respect of Thaumetopoea processionea L. until 30 April 2020.

                  (9)

                  The territory of Sicily in Italy was recognised as a permanent protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al. Italy has submitted information showing that Erwinia amylovora (Burr.) Winsl. et al. is now established in the municipalities of Cesarò (Messina Province), Maniace, Bronte, Adrano (Catania Province) and Centuripe, Regalbuto and Troina (Enna Province) in Sicily. The municipalities of Cesarò (Messina Province), Maniace, Bronte, Adrano (Catania Province) and Centuripe, Regalbuto and Troina (Enna Province) should therefore no longer be recognised as part of the protected zone of Italy in Sicily in respect of Erwinia amylovora (Burr.) Winsl. et al.

                  (10)

                  Furthermore, certain parts of the territory of Italy were recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al. until 30 April 2018. Italy has submitted information showing that Erwinia amylovora (Burr.) Winsl. et al. is now established in the provinces of Parma and Piacenza, which are the only remaining parts of Emilia-Romagna that are recognised as a protected zone in respect of Erwinia amylovora (Burr.) Winsl. et al. Emilia-Romagna should therefore no longer be recognised as part of the protected zone of Italy. That information also shows that the rest of the territory of Italy which was recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al. until 30 April 2018 appears to continue to be free from that harmful organism. It is, however, necessary that further surveys be carried out. Those surveys should further be monitored by experts under the authority of the Commission. Therefore, the territory of Italy which was recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al. until 30 April 2018, with the exception of certain provinces, including those of Parma and Piacenza in Emilia-Romagna, should be recognised as a protected zone in respect of Erwinia amylovora (Burr.) Winsl. et al. until 30 April 2020.

                  (11)

                  The territory of Northern Ireland, with the exception of certain townlands, was recognised as part of the protected zone of the United Kingdom with respect to Erwinia amylovora (Burr.) Winsl. et al. The United Kingdom has submitted information showing that Erwinia amylovora (Burr.) Winsl. et al. is now established also in other parts of Northern Ireland and requested the revocation of the status of protected zone for the entire territory of Northern Ireland. Northern Ireland should therefore no longer be recognised as being part of the protected zone of the United Kingdom in respect of Erwinia amylovora (Burr.) Winsl. et al.

                  (12)

                  The territories of Ireland, Lithuania, Slovenia and Slovakia, except certain areas, were recognised as protected zones with respect to Erwinia amylovora (Burr.) Winsl. et al. until 30 April 2018. From further information provided by Ireland, Lithuania, Slovenia and Slovakia it appears that the sporadic and isolated outbreaks of that harmful organism in some parts of the protected zone have been either eradicated or are under eradication and that the rest of their territories, except certain areas, continues to be free from that harmful organism. That information also shows that so far none of the outbreak eradications has taken more than two years. It is, however, necessary that further surveys be carried out. Those surveys should further be monitored by experts under the authority of the Commission. Therefore, the territories of Ireland, Lithuania, Slovenia and Slovakia, except certain areas, should be recognised as protected zones in respect of Erwinia amylovora (Burr.) Winsl. et al. until 30 April 2020.

                  (13)

                  The territory of the United Kingdom has been recognised until 30 April 2018 as a protected zone in respect of Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. From further information provided by the United Kingdom, it appears that the sporadic and isolated outbreaks of that harmful organism in some parts of the protected zone have been either eradicated or are under eradication and that the rest of its territory continues to be free from that harmful organism. That information also shows that so far none of the outbreak eradications has taken more than two years. It is, however, necessary that the eradication efforts continue and further surveys be carried out. Those surveys should further be monitored by experts under the authority of the Commission. Therefore, the recognition of the United Kingdom as a protected zone in respect of Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. should be extended until 30 April 2020.

                  (14)

                  Ireland has been recognised until 30 April 2018 as a protected zone in respect of Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr. From further information provided by Ireland, it appears that its territory continues to be free from that harmful organism. Therefore, Ireland should be recognised as a protected zone in respect of that harmful organism without any time limitation.

                  (15)

                  The territory of Northern Ireland in the United Kingdom was recognised as a protected zone with respect to Gremmeniella abietina (Lag.) Morelet. The United Kingdom has submitted information showing that Gremmeniella abietina (Lag.) Morelet is now established in Northern Ireland. Northern Ireland should therefore no longer be recognised as a protected zone in respect of Gremmeniella abietina (Lag.) Morelet.

                  (16)

                  The territory of Greece, with the exception of certain Regional Units, was recognised as a protected zone with respect to Citrus tristeza virus (European strains). Greece has submitted information showing that Citrus tristeza virus (European strains) is now established also in the Regional Units of Arta and Lakonia. The Regional Units of Arta and Lakonia should therefore no longer be recognised as part of the protected zone of Greece in respect of Citrus tristeza virus (European strains).

                  (17)

                  Sweden was recognised as a protected zone with respect to Tomato spotted wilt virus. Sweden requested the revocation of the status of its protected zone due to an insufficient degree of continued economic benefit. Sweden should therefore no longer be recognised as a protected zone in respect of Tomato spotted wilt virus.

                  (18)

                  For the purpose of clarity, the entire Annex to Regulation (EC) No 690/2008 should be replaced.

                  (19)

                  Regulation (EC) No 690/2008 should therefore be amended accordingly.

                  (20)

                  Since certain areas have been recognised as protected zones pursuant to Regulation (EC) No 690/2008 until 30 April 2018, this Regulation should apply from 1 May 2018 in order to ensure legal continuity and to avoid disruption of trade.

                  (21)

                  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
      Annex I to Regulation (EC) No 690/2008 is replaced by the Annex to this Regulation.
      Article 2
      This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
      It shall apply from 1 May 2018.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 31 May 2018.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 169, 10.7.2000, p. 1.

         (2)  Commission Regulation (EC) No 690/2008 of 4 July 2008 recognising protected zones exposed to particular plant health risks in the Community (OJ L 193, 22.7.2008, p. 1).

         ANNEX
         Annex I to Regulation (EC) No 690/2008 is replaced by the following:
         ‘
               ANNEX I

                  Zones in the community recognised as “protected zones”, in respect of harmful organism(s) listed against their names

                           Harmful organisms

                           Protected zones: territory of

                     (a)   Insects, mites and nematodes, at all stages of their development

                                       1.

                                          Anthonomus grandis (Boh.)

                           Greece, Spain (Andalusia, Catalonia, Extremadura, Murcia, Valencia)

                                       2.

                                          Bemisia tabaci Genn. (European populations)

                           Ireland, Portugal (Azores, Beira Interior, Beira Litoral, Entre Douro e Minho and Trás-os-Montes), Sweden, United Kingdom

                                       3.

                                          Cephalcia lariciphila (Klug.)

                           Ireland, United Kingdom (Northern Ireland, Isle of Man and Jersey)

                                       3.1.

                                          Daktulosphaira vitifoliae (Fitch)

                           Cyprus

                                       4.

                                          Dendroctonus micans Kugelan

                           Ireland, Greece, United Kingdom (Northern Ireland, Isle of Man and Jersey)

                                       4.1.

                                          Dryocosmus kuriphilus Yasumatsu

                           Ireland, United Kingdom

                                       5.

                                          Gilpinia hercyniae (Hartig)

                           Ireland, Greece, United Kingdom (Northern Ireland, Isle of Man and Jersey)

                                       6.

                                          Globodera pallida (Stone) Behrens

                           Latvia, Portugal (Azores), Slovenia, Slovakia, Finland

                                       6.1.

                                          Globodera rostochiensis (Wollenweber) Behrens

                           Portugal (Azores)

                                       7.

                                          Gonipterus scutellatus Gyll.

                           Greece, Portugal (Azores)

                                       8.

                                          Ips amitinus Eichhof

                           Ireland, Greece, United Kingdom

                                       9.

                                          Ips cembrae Heer

                           Ireland, Greece, United Kingdom (Northern Ireland and Isle of Man)

                                       10.

                                          Ips duplicatus Sahlberg

                           Ireland, Greece, United Kingdom

                                       11.

                                          Ips sexdentatus Bőrner

                           Ireland, Cyprus, United Kingdom (Northern Ireland and Isle of Man)

                                       12.

                                          Ips typographus Heer

                           Ireland, United Kingdom

                                       13.

                                          Leptinotarsa decemlineata Say

                           Ireland, Spain (Ibiza and Menorca), Cyprus, Malta, Portugal (Azores and Madeira), Finland (districts of Åland, Häme, Kymi, Pirkanmaa, Satakunta, Turku, Uusimaa), Sweden (counties of Blekinge, Gotland, Halland, Kalmar and Skåne), United Kingdom

                                       14.

                                          Liriomyza bryoniae (Kaltenbach)

                           Ireland, United Kingdom (Northern Ireland)

                                       14.01.

                                          Liriomyza huidobrensis (Blanchard)

                           Ireland (until 30 April 2020), United Kingdom (Northern Ireland) (until 30 April 2020)

                                       14.02.

                                          Liriomyza trifolii (Burgess)

                           Ireland (until 30 April 2020), United Kingdom (Northern Ireland) (until 30 April 2020)

                                       14.1.

                                          Paysandisia archon (Burmeister)

                           Ireland, Malta, United Kingdom

                                       14.2.

                                          Rhynchophorus ferrugineus (Olivier)

                           Ireland, Portugal (Azores), United Kingdom

                                       15.

                                          Sternochetus mangiferae Fabricius

                           Spain (Granada and Malaga), Portugal (Alentejo, Algarve and Madeira)

                                       15.1.

                                          Thaumetopoea pityocampa Denis & Schiffermüller

                           United Kingdom

                                       16.

                                          Thaumetopoea processionea L.

                           Ireland, United Kingdom (excluding the local authority areas of Barking and Dagenham; Barnet; Basildon; Basingstoke and Dene; Bexley; Bracknell Forest; Brent; Brentwood; Bromley; Broxbourne; Camden; Castle Point; Chelmsford; Chiltem; City of London; City of Westminster; Crawley; Croydon; Dacorum; Dartford; Ealing; East Hertfordshire; Elmbridge District; Enfield; Epping Forest; Epsom and Ewell District; Gravesham; Greenwich; Guildford; Hackney; Hammersmith & Fulham; Haringey; Harlow; Harrow; Hart; Havering; Hertsmere; Hillingdon; Horsham; Hounslow; Islington; Kensington & Chelsea; Kingston upon Thames; Lambeth; Lewisham; Littlesford; Medway; Merton; Mid Sussex; Mole Valley; Newham; North Hertfordshire; Reading; Redbridge; Reigate and Banstead; Richmond Upon Thames; Runnymede District; Rushmoor; Sevenoaks; Slough; South Bedfordshire; South Bucks; South Oxfordshire; Southwark; Spelthorne District; St Albans; Sutton; Surrey Heath; Tandridge; Three Rivers; Thurrock; Tonbridge and Malling; Tower Hamlets; Waltham Forest; Wandsworth; Watford; Waverley; Welwyn Hatfield; West Berkshire; Windsor and Maidenhead; Woking, Wokingham and Wycombe) (until 30 April 2020)

                     (b)   Bacteria

                                       01.

                                       “Candidatus Phytoplasma ulmi”

                           United Kingdom

                                       1.

                                          Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Col.

                           Greece, Spain

                                       2.

                                          Erwinia amylovora (Burrill) Winslow et al.

                                       —

                                       Estonia, Spain (except the autonomous communities of Andalucía, Aragón, Castilla la Mancha, Castilla y León, Extremadura, the autonomous community of Madrid, Murcia, Navarra and La Rioja, the province of Guipuzcoa (Basque Country), the comarcas of Garrigues, Noguera, Pla d'Urgell, Segrià and Urgell in the province of Lleida (Comunidad autonoma de Catalunya); and the municipalities of Alborache and Turís in the province of Valencia and the Comarcas de L'Alt Vinalopó and El Vinalopó Mitjà in the province of Alicante (Comunidad Valenciana)), France (Corsica), Italy (Abruzzo, Basilicata, Calabria, Campania, Lazio, Liguria, Marche, Molise, Piedmont (except the communes of Busca, Centallo and Tarantasca in the province of Cuneo), Sardinia, Sicily (excluding the municipalities of Cesarò (Messina Province), Maniace, Bronte, Adrano (Catania Province) and Centuripe, Regalbuto and Troina (Enna Province)), Tuscany, Umbria, Valle d'Aosta), Latvia, Portugal, Finland, United Kingdom (Isle of Man; Channel Islands),

                                       —

                                       and, until 30 April 2020, Ireland (except Galway city), Italy (Apúlia, Lombardy (except the provinces of Milano, Mantua, Sondrio and Varese), Veneto (except the provinces of Rovigo and Venice, the communes Barbona, Boara Pisani, Castelbaldo, Masi, Piacenza d'Adige, S. Urbano and Vescovana in the province of Padova and the area situated to the South of highway A4 in the province of Verona)), Lithuania (except the municipalities of Babtai and Kėdainiai (region of Kaunas)), Slovenia (except the regions Gorenjska, Koroška, Maribor and Notranjska, and the communes of Lendava and Renče-Vogrsko (south from the highway H4)), Slovakia (except the county of Dunajská Streda, Hronovce and Hronské Kľačany (Levice County), Dvory nad Žitavou (Nové Zámky County), Málinec (Poltár County), Hrhov (Rožňava County), Veľké Ripňany (Topoľčany County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín (Trebišov County))

                                       3.

                                          Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.

                           United Kingdom (until 30 April 2020)

                     (c)   Fungi

                                       01.

                                          Ceratocystis platani (J.M.Walter) Engelbr. & T.C.Harr.

                           Ireland, United Kingdom

                                       02.

                                          Cryphonectria parasitica (Murrill) Barr.

                           Czech Republic, Ireland, Sweden, United Kingdom

                                       1.

                                          Glomerella gossypii Edgerton

                           Greece

                                       2.

                                          Gremmeniella abietina (Lag.) Morelet

                           Ireland

                                       3.

                                          Hypoxylon mammatum (Wahlenberg) J. Miller

                           Ireland, United Kingdom (Northern Ireland)

                     (d)   Viruses and virus-like organisms

                                       1.

                                       Beet necrotic yellow vein virus

                           Ireland, France (Brittany), Portugal (Azores), Finland, United Kingdom (Northern Ireland)

                                       3.

                                       Citrus tristeza virus (European strains)

                           Greece (except the Regional Units of Argolida, Arta, Chania and Lakonia), Malta, Portugal (except Algarve, Madeira and the county of Odemira in Alentejo)

                                       4.

                                       Grapevine flavescence dorée MLO

                           Czech Republic, France (Alsace, Champagne-Ardenne, Picardie (département de l'Aisne), Ile de France (communes de Citry, Nanteuil-sur-Marne and Saâcy-sur- Marne) and Lorraine)), Italy (Apúlia, Sardinia and Basilicata)

                     ’


title: Commission Implementing Regulation (EU) 2018/815 of 1 June 2018 on the extension of the transitional periods related to own funds requirements for exposures to central counterparties set out in Regulations (EU) No 575/2013 and (EU) No 648/2012 of the European Parliament and of the Council (Text with EEA relevance.)

text:
               4.6.2018

               EN

               Official Journal of the European Union

               L 137/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/815
   of 1 June 2018
   on the extension of the transitional periods related to own funds requirements for exposures to central counterparties set out in Regulations (EU) No 575/2013 and (EU) No 648/2012 of the European Parliament and of the Council
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (1), and in particular Article 497(3) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               Article 497(3) of Regulation (EU) No 575/2013 empowers the Commission to adopt an implementing act to extend the transitional period for own funds requirements by six months in exceptional circumstances. That extension should also apply in respect of the time limits laid down in Article 89(5a) of Regulation (EU) No 648/2012. Those transitional periods have most recently been extended until 15 June 2018 by Commission Implementing Regulation (EU) 2017/2241 (3).

               (5)

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

               (6)

               The need to avoid disruption to markets outside of the Union that led to the previous extensions of the transitional period laid down in Article 497(2) of Regulation (EU) No 575/2013 would therefore remain after the expiry of the extension of the transitional period set out in Implementing Regulation (EU) 2017/2241. A further extension of the transitional period should enable institutions established in the Union (or their subsidiaries established outside the Union) to avoid significant increase in the own funds requirements due to the lack of completion of the recognition process for CCPs which provide, in a viable and accessible way, the specific type of clearing services that institutions established in the Union (or their subsidiaries established outside the Union) require. An additional six-month extension of the transitional periods is therefore appropriate.

               (7)

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

               (8)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The 15-month periods referred to in Article 497(2) of Regulation (EU) No 575/2013 and in the second subparagraph of Article 89(5a) of Regulation (EU) No 648/2012, as most recently extended in Implementing Regulation (EU) 2017/2241, are extended by an additional six months until 15 December 2018.
   Article 2
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 1 June 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 176, 27.6.2013, p. 1.

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

      (3)  Commission Implementing Regulation (EU) 2017/2241 of 6 December 2017 on the extension of the transitional periods related to own funds requirements for exposures to central counterparties set out in Regulations (EU) No 575/2013 and (EU) No 648/2012 of the European Parliament and of the Council (OJ L 322, 7.12.2017, p. 27).