title: Commission Implementing Regulation (EU) 2019/899 of 29 May 2019 concerning the renewal of the authorisation of Saccharomyces cerevisiae CNCM I-4407 as a feed additive for lambs for fattening, dairy goats, dairy sheep, dairy buffaloes, horses and pigs for fattening and repealing Regulations (EC) No 1447/2006, (EC) No 188/2007, (EC) No 232/2009, (EC) No 186/2007 and (EC) No 209/2008 (holder of authorisation S.I. Lesaffre) (Text with EEA relevance.)

text:
                  3.6.2019

                  EN

                  Official Journal of the European Union

                  L 144/32

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/899
         of 29 May 2019
         concerning the renewal of the authorisation of Saccharomyces cerevisiae CNCM I-4407 as a feed additive for lambs for fattening, dairy goats, dairy sheep, dairy buffaloes, horses and pigs for fattening and repealing Regulations (EC) No 1447/2006, (EC) No 188/2007, (EC) No 232/2009, (EC) No 186/2007 and (EC) No 209/2008 (holder of authorisation S.I. Lesaffre)
         (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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
         Whereas:

                     (1)

                     Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting and renewing such authorisation.

                     (2)

                        Saccharomyces cerevisiae NCYC Sc 47 was authorised for 10 years as a feed additive for lambs for fattening by Commission Regulation (EC) No 1447/2006 (2), for horses by Commission Regulation (EC) No 186/2007 (3), for dairy goats and dairy sheep by Commission Regulation (EC) No 188/2007 (4), for pigs for fattening by Commission Regulation (EC) No 209/2008 (5) and for dairy buffaloes by Commission Regulation (EC) No 232/2009 (6).

                     (3)

                     In accordance with Article 14 of Regulation (EC) No 1831/2003, applications were submitted by the holder of those authorisations for the renewal of the authorisation of Saccharomyces cerevisiae CNCM I-4407 (formerly NCYC Sc 47) as a feed additive for lambs for fattening, dairy goats, dairy sheep, dairy buffaloes, pigs for fattening and horses requesting that additive to be classified in the additive category ‘zootechnical additives’. Those applications were accompanied by the particulars and documents required under Article 14(2) of Regulation (EC) No 1831/2003.

                     (4)

                     The European Food Safety Authority (‘the Authority’) concluded in its opinion of 13 June 2018 (7) that the applicant has provided data demonstrating that the additive complies with the conditions of authorisation.

                     (5)

                     The assessment of Saccharomyces cerevisiae CNCM I-4407 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the authorisation of that additive should be renewed as specified in the Annex to this Regulation.

                     (6)

                     As a consequence of the renewal of the authorisation of Saccharomyces cerevisiae CNCM I-4407 as a feed additive under the conditions laid down in the Annex to this Regulation, Regulations (EC) No 1447/2006, (EC) No 186/2007, (EC) No 188/2007, (EC) No 209/2008 and (EC) No 232/2009 should be repealed.

                     (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
            The authorisation of the additive specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘gut flora stabilisers’ when it is used for lambs for fattening, dairy goats, dairy sheep, dairy buffaloes and pigs for fattening; and to the functional group ‘digestibility enhancers’ when it is used for horses, is renewed subject to the conditions laid down in that Annex.

            Article 2

               Saccharomyces cerevisiae NCYC Sc47as feed additive under the conditions laid down in the Annex to this Regulation, Regulations (EC) No 1447/2006, (EC) No 186/2007, (EC) No 188/2007, (EC) No 209/2008 and (EC) No 232/2009, and premixtures and compound feed containing it, labelled in accordance with those Regulations before the entry into force of this Regulation, may be continued to be placed on the market until the existing stocks are exhausted.

            Article 3
            Regulations (EC) No 1447/2006, (EC) No 186/2007, (EC) No 188/2007, (EC) No 209/2008 and (EC) No 232/2009 are repealed.

            Article 4
            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, 29 May 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 268, 18.10.2003, p. 29.

            (2)  Commission Regulation (EC) No 1447/2006 of 29 September 2006 concerning the authorisation of a new use of Saccharomyces cerevisiae (Biosaf SC 47) as a feed additive (OJ L 271, 30.9.2006, p. 28).

            (3)  Commission Regulation (EC) No 186/2007 of 21 February 2007 concerning the authorisation of a new use of Saccharomyces cerevisiae (Biosaf SC 47) as a feed additive (OJ L 63, 1.3.2007, p. 6).

            (4)  Commission Regulation (EC) No 188/2007 of 23 February 2007 concerning the authorisation of a new use of Saccharomyces cerevisiae (Biosaf SC 47) as a feed additive (OJ L 57, 24.2.2007, p. 3).

            (5)  Commission Regulation (EC) No 209/2008 of 6 March 2008 concerning the authorisation of a new use of Saccharomyces cerevisiae (Biosaf Sc 47) as a feed additive (OJ L 63, 7.3.2008, p. 3).

            (6)  Commission Regulation (EC) No 232/2009 of 19 March 2009 concerning the authorisation of a new use of Saccharomyces cerevisiae NCYC Sc47 as a feed additive for dairy buffaloes (holder of the authorisation Société Industrielle Lesaffre) (OJ L 74, 20.3.2009, p. 14).

            (7)  EFSA Journal 2018;16(7):5339.

            ANNEX

                        Identification number of the additive

                        Name of the holder of authorisation

                        Additive

                        Composition, chemical formula, description, analytical method

                        Species or category of animal

                        Maximum age

                        Minimum content

                        Maximum content

                        Other provisions

                        End of period of authorisation

                        CFU/kg of complete feedingstuff with a moisture content of 12 %

                           Category of zootechnical additives. Functional group: gut flora stabilisers

                        4b1702

                        S.I. Lesaffre

                           Saccharomyces cerevisiae CNCM I-4407

                           Additive composition:

                        Preparation of Saccharomyces cerevisiae CNCM I-4407 with a minimum concentration of 5 × 109 CFU/g.
                        Solid form

                           Characterisation of the active substance:

                        Viable dried cells of Saccharomyces cerevisiae CNCM I-4407

                           Analytical method
                            (1)

                        Enumeration: pour plate method using chloramphenicol dextrose yeast extract agar (EN 15789:2009).
                        Identification: polymerase chain reaction (PCR) method CEN/TS 15790:2008.

                        Lambs for fattening

                        —

                        1,4 × 109

                        —

                                    1.

                                    In the directions for use of the additive and premixture, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    Recommended doses (CFU/head/day) for:

                                                —

                                                dairy goats: 3 × 109

                                                —

                                                dairy sheep: 2 × 109

                                    3.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including eye and breathing protection.

                        23 June 2029

                        Dairy goats and dairy sheep

                        7 × 108

                        Pigs for fattening

                        1,25 × 109

                        Dairy buffaloes

                        5 × 108

                        Identification number of the additive

                        Name of the holder of authorisation

                        Additive

                        Composition, chemical formula, description, analytical method

                        Species or category of animal

                        Maximum age

                        Minimum content

                        Maximum content

                        Other provisions

                        End of period of authorisation

                        CFU/kg of complete feedingstuff with a moisture content of 12 %

                           Category of zootechnical additives. Functional group: digestibility enhancers

                        4b1702

                        S.I. Lesaffre

                           Saccharomyces cerevisiae CNCM I-4407

                           Additive composition:

                        Preparation of Saccharomyces cerevisiae CNCM I-4407 with a minimum concentration of 5 × 109 CFU/g.
                        Solid form

                           Characterisation of the active substance:

                        Viable dried cells of Saccharomyces cerevisiae CNCM I-4407

                           Analytical method
                            (2)

                        Enumeration: pour plate method using chloramphenicol dextrose yeast extract agar (EN 15789:2009).
                        Identification: polymerase chain reaction (PCR) method CEN/TS 15790:2008.

                        Horses

                        —

                        8 × 108

                        —

                                    1.

                                    In the directions for use of the additive and premixture, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    Recommended doses (CFU/head/day) for:

                                                —

                                                horses: 1,25 × 1010 – 6 × 1010

                                    3.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including eye and breathing protection.

                        23 June 2029

               (1)  Details of the analytical methods are available at the following address of the European Union Reference Laboratory for Feed Additives: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports

               (2)  Details of the analytical methods are available at the following address of the European Union Reference Laboratory for Feed Additives: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports


title: Commission Implementing Regulation (EU) 2019/900 of 29 May 2019 concerning the authorisation of 8-mercapto-p-menthan-3-one and p-menth-1-ene-8-thiol as feed additives for all animal species (Text with EEA relevance.)

text:
                  3.6.2019

                  EN

                  Official Journal of the European Union

                  L 144/36

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/900
         of 29 May 2019
         concerning the authorisation of 8-mercapto-p-menthan-3-one and p-menth-1-ene-8-thiol as feed additives for all animal species
         (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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
         Whereas:

                     (1)

                     Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

                     (2)

                     8-mercapto-p-menthan-3-one and p-menth-1-ene-8-thiol were authorised without a time limit in accordance with Directive 70/524/EEC as feed additives for all animal species. Those products were subsequently entered in the Register of feed additives as existing products, in accordance with Article 10(1) of Regulation (EC) No 1831/2003.

                     (3)

                     In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of the 8-mercapto-p-menthan-3-one and p-menth-1-ene-8-thiol as feed additives for all animal species. The applicant requested those additives to be classified in the additive category ‘sensory additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

                     (4)

                     The European Food Safety Authority (‘the Authority’) concluded in its opinion of 27 November 2018 (3) that, under the proposed conditions of use in feed 8-mercapto-p-menthan-3-one and p-menth-1-ene-8-thiol do not have adverse effects on animal health, consumer safety or the environment. It also concluded that both compounds are irritant to the respiratory tract and no conclusions can be drawn for skin sensitisation potential. Therefore, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human heath, in particular, as regards the users of the additive. The Authority further concluded that since the two substances are used in food and their function in feed is the same as that in food, no further demonstration of efficacy in feed is necessary.

                     (5)

                     Restrictions and conditions should be provided for to allow for a better control. For 8-mercapto-p-menthan-3-one and p-menth-1-ene-8-thiol recommended contents should be indicated on the label of the additive. Where such contents are exceeded, certain information should be indicated on the label of premixtures and in the labelling compound feeds and feed materials.

                     (6)

                     The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additives in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

                     (7)

                     The assessment of the substances concerned shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of those substances should be authorised as specified in the Annex to this Regulation.

                     (8)

                     Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation for the substances concerned it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

                     (9)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Authorisation
            The substances specified in the Annex, belonging to the additive category ‘sensory additives’ and to the functional group ‘flavouring compounds’, are authorised as feed additives in animal nutrition subject to the conditions laid down in that Annex.

            Article 2
            Transitional Measures

               1.   The substances specified in the Annex and premixtures containing those substances, which are produced and labelled before 23 December 2019 in accordance with the rules applicable before 23 June 2019 may continue to be placed on the market and used until the existing stocks are exhausted.

               2.   Compound feed and feed materials containing the substances as specified in the Annex which are produced and labelled before 23 June 2020 in accordance with the rules applicable before 23 June 2019 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for food-producing animals.

               3.   Compound feed and feed materials containing the substances as specified in the Annex which are produced and labelled before 23 June 2021 in accordance with the rules applicable before 23 June 2019 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for non-food-producing animals.

            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, 29 May 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 268, 18.10.2003, p. 29.

            (2)  Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (OJ L 270, 14.12.1970, p. 1).

            (3)  EFSA Journal 2019;17(1):5530.

            ANNEX

                        Identification number of the additive

                        Name of the holder of authorisation

                        Additive

                        Composition, chemical formula, description, analytical method

                        Species or category of animal

                        Maximum age

                        Minimum content

                        Maximum content

                        Other provisions

                        End of period of authorisation

                        mg of active substance/kg of complete feedingstuff with a moisture content of 12 %

                        Category: Sensory additives. Functional group: Flavouring compounds

                        2b12038

                        —

                        8-mercapto-p-menthan-3-one

                           Additive composition

                        8-mercapto-p-menthan-3-one

                           Characterisation of the active substance

                        8-mercapto-p-menthan-3-one
                        Produced by chemical synthesis
                        Purity: min. 97 %
                        Chemical formula: C10H18OS
                        CAS number 38462-22-5
                        FLAVIS 12.038

                           Method of analysis
                            (1)

                        For the determination of 8-mercapto-p-menthan-3-one in the feed additive and in feed flavouring premixtures:
                        Gas chromatography mass spectrometry with retention time locking GC-MS-RTL.

                        All animal species

                        —

                        —

                        —

                                    1.

                                    The additive shall be incorporated into the feed in the form of a premixture.

                                    2.

                                    In the directions for use of the additive and premixture, the storage conditions, the stability to heat treatment shall be indicated.

                                    3.

                                    On the label of the additive the following shall be indicated:
                                    ‘Recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12 %: 0,05 mg/kg’

                                    4.

                                    The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the label of the premixtures and on the labelling of feed materials and compound feedingstuffs, if the following content of the active substance in complete feedingstuff with a moisture content of 12 % is exceeded: 0,05 mg/kg.

                                    5.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks by inhalation, dermal contact or eyes contact. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection, safety glasses and gloves.

                        23 June 2029

                        2b12085

                        —

                        p-menth-1-ene-8-thiol

                           Additive composition

                        p-menth-1-ene-8-thiol

                           Characterisation of the active substance

                        p-menth-1-ene-8-thiol
                        Produced by chemical synthesis
                        Purity: min. 98 %
                        Chemical formula: C10H18OS
                        CAS number 71159-90-5
                        FLAVIS 12.085

                           Method of analysis
                            (1)

                        For the determination of p-menth-1-ene-8-thiol in the feed additive and in feed flavouring premixtures:
                        Gas chromatography mass spectrometry with retention time locking GC-MS-RTL.

                        All animal species

                        —

                        —

                        —

                                    1.

                                    The additive shall be incorporated into the feed in the form of a premixture.

                                    2.

                                    In the directions for use of the additive and premixture, the storage conditions, the stability to heat treatment shall be indicated.

                                    3.

                                    On the label of the additive the following shall be indicated:
                                    ‘Recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12 %: 0,05 mg/kg’

                                    4.

                                    The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the label of the premixtures and on the labelling of feed materials and compound feedingstuffs, if the following content of the active substance in complete feedingstuff with a moisture content of 12 % is exceeded: 0,05 mg/kg.

                                    5.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks by inhalation, dermal contact or eyes contact. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection safety glasses and gloves.

                        23 June 2029

               (1)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports


title: Commission Implementing Regulation (EU) 2019/917 of 4 June 2019 establishing technical specifications, measures and other requirements required for the system of interconnection of insolvency registers in accordance with Article 25 of Regulation (EU) 2015/848 of the European Parliament and of the Council

text:
                  5.6.2019

                  EN

                  Official Journal of the European Union

                  L 146/100

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/917
         of 4 June 2019
         establishing technical specifications, measures and other requirements required for the system of interconnection of insolvency registers in accordance with Article 25 of Regulation (EU) 2015/848 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) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (1), and in particular Article 25(2)(a) to (f) thereof,
         Whereas:

                     (1)

                     In order to establish the system of interconnection of insolvency registers, it is necessary to define and adopt technical specifications, measures and other requirements which ensure uniform conditions for the implementation of the system.

                     (2)

                     The technical specifications, measures and other requirements provided for in this Regulation are in accordance with the opinion of the Committee on Insolvency Proceedings,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The technical specifications, measures and other requirements which ensure uniform conditions for the implementation of the system of interconnection of insolvency registers referred to in Article 25(2)(a) to (f) of Regulation (EU) 2015/848 shall be as set out in the Annex.
            The insolvency registers shall be interconnected according to these technical specifications, measures and other requirements by 30 June 2021.

            Article 2
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            This Regulation shall be binding in its entirety and directly applicable in all the Member States in accordance with the Treaties.

            Done at Brussels, 4 June 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 141, 5.6.2015, p. 19.

            ANNEX

               SETTING OUT THE TECHNICAL SPECIFICATIONS, MEASURES AND OTHER REQUIREMENTS REFERRED TO IN ARTICLE 1

            1.   Subject matter

            The Insolvency Registers Interconnection system (IRI) is a decentralised system interconnecting the national registers and the European e-Justice Portal. IRI serves as a central search service making available all of the mandatory information on insolvency set by Regulation (EU) 2015/848 along with any other information or documents included in the national registers.
            2.   Definitions

                        (a)

                        ‘HyperText Transport Protocol Secure’ or ‘HTTPS’ means encrypted communication and secure connection channels;

                        (b)

                        ‘Insolvency record’ means the set of information concerning insolvency proceedings of one debtor referred to in Article 24 of Regulation (EU) No 2015/848 that is to be published in the national electronic insolvency registers and available via the central public electronic access point (the European e-Justice Portal), as set out in Article 25 of Regulation (EU) 2015/848;

                        (c)

                        ‘MS IR end-point’ means the source of the insolvency record information; acting as the owner of this information, a MS IR end-point is consulted by the e-Justice Portal and provides the requested data;

                        (d)

                        ‘National Registration Number’ means the register number under which the legal entity is registered in the Commercial Register or Comparable register or the Personal Identification Number or equivalent for individuals.

                        (e)

                        ‘Non-repudiation of origin’ means the measures providing the proof of the integrity and proof of origin of the data through methods such as digital certification, public key infrastructure and digital signatures;

                        (f)

                        ‘Non-repudiation of receipt’ means the measures providing the proof of the receipt of the data to the originator by the intended recipient of the data through methods such as digital certification, public key infrastructure and digital signatures;

                        (g)

                        ‘Platform’ means the central search system part of the e-Justice Portal;

                        (h)

                        ‘Registers’ means insolvency registers as set out in article 24 of Regulation (EU) 2015/848;

                        (i)

                        ‘Simple Object Access Protocol’ means, as per the standards of World Wide Web Consortium, a messaging protocol specification for exchanging structured information in the implementation of web services in computer networks;

                        (j)

                        ‘Web service’ means a software system designed to support interoperable machine-to-machine interaction over a network; it has an interface described in a machine-processable format.

                  3.   Methods of communication

            3.1.   IRI shall use service-based methods of electronic communication, such as Web-services or other reusable Digital Service Infrastructures, for the purpose of interconnection of registers.
            3.2.   The communication between the e-Justice Portal and the platform, and between a MS IR end-point and the platform, shall be one-to-one communication. The communication from the platform to the registers may be one-to-one communication or one-to-many communication.
            4.   Communication protocols

            4.1.   Secure internet protocols, such as HTTPS, shall be used for the communication between the portal, the platform, the registers and the optional access points.
            4.2.   Standard communication protocols, such as Simple Object Access Protocol, shall be used for the transmission of structured data and metadata.
            5.   Security standards

            For the communication and distribution of information via IRI, the technical measures for ensuring minimum information technology security standards shall include:

                        (a)

                        measures to ensure confidentiality of information, including by using secure channels (HTTPS);

                        (b)

                        measures to ensure the integrity of data while being exchanged;

                        (c)

                        measures to ensure the non-repudiation of origin of the sender of information within IRI and the non-repudiation of receipt of information;

                        (d)

                        measures to ensure logging of security events in line with recognized international recommendations for information technology security standards;

                        (e)

                        measures to ensure the authentication and authorisation of any registered users and measures to verify the identity of systems connected to the portal, the platform or the registers within IRI;

                        (f)

                        measures to protect against automated searches, such as using the captcha module, and copying of registers, such as limiting the results returned by each register to a maximum number.

                  6.   Data to be exchanged between registers and IRI

            6.1.   The common set of information with the same structure and types for all registers in the Member States is referred to as ‘core insolvency record’
            Each Member State shall have the possibility to extend the core insolvency record with specific information. The data from the insolvency record shall be modelled based on the established interface specification.
            6.2.   The exchange of information shall also include messages necessary for the acknowledgement of receipt, logging and reporting.
            7.   Structure of the standard message format

            The exchange of information between the registers, the platform and the portal shall be based on standard data-structuring methods and shall be expressed in a standard message format such as XML.
            8.   Data for the platform

            8.1.   Interoperability requirements mandate that the services to be exposed by each Register are unified and present the same interface so that the calling application, such as the e-Justice portal has to interact with one single kind of interface exposing a common set of data elements. This approach requires that Member States align their internal data structure to meet the interface specifications provided by the Commission.
            8.2.   The following type of data shall be provided for the platform to perform its functions:

                        (a)

                        data allowing for the identification of systems that are connected to the platform; those data could consist of URLs identifying each system within IRI;

                        (b)

                        any other operational data that is necessary for the platform to ensure the proper and efficient functioning of the search service and the interoperability of registers; those data may include code lists, reference data, glossaries and related translations of those metadata, as well as logging and reporting data.

                  8.3.   The data and metadata handled by the platform shall be processed and stored in line with the security standards outlined in section 5 of this Annex.
            9.   Methods of operation of the system and information technology services provided by the platform

            9.1.   For the distribution and exchange of information, the system shall be based on the following technical method of operation:

                        (a)

                        for the delivery of messages in the relevant language version, the platform shall provide reference data artefacts, such as code lists, controlled vocabularies and glossaries;

                        (b)

                        where relevant, the terms from the vocabularies and glossaries shall be translated into the EU official languages; where possible, recognised standards and standardized messages shall be used.

                  9.2.   The Commission will share with Member States the details on the technical method of operation and the implementation of the information technology services provided by the platform.
            10.   Search criteria

            10.1.   At least one country must be selected when running a search via IRI.
            10.2.   The Portal shall provide the following harmonised criteria for the search:

                        (a)

                        name,

                        (b)

                        national Registration Number

                  These two criteria can be used alternatively and additionally.
            10.3.   Further search criteria may be available on the Portal.
            11.   Payment modalities

            11.1.   For the documents and particulars for which Member States charge fees and which are made available on the e-Justice portal via IRI, the system shall allow users to pay online by using widely used payment modalities such as credit and debit cards.
            11.2.   The system may also provide alternative online payment methods, such as bank transfers or virtual wallets (deposit).
            12.   Availability of services

            12.1.   The service time frame shall be 24/7days, with an availability rate of the system of at least 98 % excluding scheduled maintenance.
            12.2.   Member States shall notify the Commission of maintenance activities as follows:

                        (a)

                        five working days in advance for maintenance operations that may cause an unavailability period of up to 4 hours;

                        (b)

                        10 working days in advance for maintenance operations that may cause an unavailability period of up to 12 hours;

                        (c)

                        30 working days in advance for infrastructure computer room maintenance, which may cause up to six days unavailability period per year.

                  To the extent possible, maintenance operations shall be planned outside working hours (19:00h-8:00h CET).
            12.3.   Where Member States have fixed weekly service windows, they shall inform the Commission of the time and day of the week when such fixed weekly windows are planned. Without prejudice to the obligations in points (a) to (c) of point 12.2, if Member States systems become unavailable during such a fixed window, Member States may choose not to notify the Commission on each occasion.
            12.4.   In case of unexpected technical failure of the Member States systems, Member States shall inform the Commission without delay of their system unavailability, and, if known, of the projected resuming of the service.
            12.5.   In case of any change that may affect the connection with the central platform, the Member State shall inform the Commission in advance, as soon as sufficient technical details in relation to the change are available.
            12.6.   In case of unexpected failure of the central platform or of the portal, the Commission shall inform the Member States without delay of the platform or portal unavailability, and if known, of the projected resuming of the service.
            13.   Rules of Transcription and transliteration

            Each Member State implementation shall support the national standards of transcription, romanisation and transliteration in relation to the usage of special characters, the search input and the returned results.


title: Commission Implementing Regulation (EU) 2019/1131 of 2 July 2019 establishing a customs tool in order to implement Article 14a of Regulation (EU) 2016/1036 of the European Parliament and of the Council and Article 24a of Regulation (EU) 2016/1037 of the European Parliament and of the Council

text:
                  3.7.2019

                  EN

                  Official Journal of the European Union

                  L 179/12

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1131
         of 2 July 2019
         establishing a customs tool in order to implement Article 14a of Regulation (EU) 2016/1036 of the European Parliament and of the Council and Article 24a of Regulation (EU) 2016/1037 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), and in particular Article 14a(1) thereof,
         Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2), and in particular Article 24a(1) thereof,
         Whereas:

                     (1)

                     Regulation (EU) 2016/1036 and Regulation (EU) 2016/1037 make it possible to apply and collect anti-dumping and/or countervailing duty on certain goods in the continental shelf of a Member State or the exclusive economic zone declared by a Member State pursuant to the United Nations Convention on the Law of the Sea (3).

                     (2)

                     If the product concerned is brought to an artificial island, a fixed or floating installation or any other structure in the continental shelf or in the exclusive economic zone of a Member State of the Union from the customs territory of the Union, Regulation (EU) No 952/2013 of the European Parliament and of the Council (4) requires in that case that a re-export declaration, a re-export notification or an exit summary declaration be used to declare such product before its departure. To ensure that the information necessary to determine whether the payment of anti-dumping and/or countervailing duty is due is available to the customs authorities or to fulfil the registration and reporting obligations under Article 14(5), (5a) and (6) of Regulation (EU) 2016/1036 and Article 24(5), (5a) and (6) of Regulation (EU) 2016/1037, the recipient should be required to lodge a receipt declaration at the competent customs authority of the Member State where the re-export declaration was accepted or where the re-export notification or the exit summary declaration was registered within 30 days of the receipt of the product concerned on an artificial island, a fixed or floating installation or any other structure in the continental shelf or in the exclusive economic zone.

                     (3)

                     If the product concerned is brought to an artificial island, a fixed or floating installation or any other structure in the continental shelf or in the exclusive economic zone of a Member State of the Union directly from outside the customs territory of the Union, it is not possible to make use of the instruments provided for in Regulation (EU) No 952/2013. To ensure that the information necessary to determine whether the payment of anti-dumping and/or countervailing duty is due is available to the customs authorities or to fulfil the registration and reporting obligations under Article 14(5), (5a) and (6) of Regulation (EU) 2016/1036 and Article 24(5), (5a) and (6) of Regulation (EU) 2016/1037, the product concerned should be declared by means of a receipt declaration lodged by the recipient within 30 days of the receipt of the product concerned on an artificial island, a fixed or floating installation or any other structure in the continental shelf or in the exclusive economic zone. As the Member State to which the continental shelf or exclusive economic zone belongs is best placed to carry out controls, the declaration should be lodged at the competent customs authority of that Member State.

                     (4)

                     In order to simplify the controls to be carried out by the customs authorities under this Regulation, the concept of the debtor should as a general rule be limited to the holders of licences permitting commercial operation in the continental shelf and exclusive economic zone of the Member States who receive the products concerned in an artificial island, a fixed or floating installation or any other structure in that continental shelf or that exclusive economic zone, regardless of the place from which the product concerned is brought. However, in specific situations, persons other than holders of licences may also be debtors.

                     (5)

                     With regard to cases where the product concerned is placed under the inward processing procedure prior to being delivered to an artificial island, a fixed or floating installation or any other structure in the continental shelf or in the exclusive economic zone of a Member State of the Union, special rule is necessary to avoid possible circumvention of anti-dumping and/or countervailing duty.

                     (6)

                     In order to allow for the effective operation of the framework set out in this Regulation, the relevant procedures already laid down in Regulation (EU) No 952/2013 as regards the calculation, notification, recovery, repayment, remission and extinguishment of the customs debt and the provision of a guarantee should apply insofar as they are relevant under this Regulation.

                     (7)

                     As the provisions on customs control contained in Regulation (EU) No 952/2013 do not apply outside the customs territory of the Union, it is necessary to establish specific rules as regards customs controls in this Regulation.

                     (8)

                     In order to give customs authorities sufficient time to prepare for the processing of receipt declarations, the application of the provisions of this Regulation should be deferred.

                     (9)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 15(1) of Regulation (EU) 2016/1036 and Article 25(1) of Regulation (EU) 2016/1037,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Subject matter
            This Regulation lays down the conditions for the levying of anti-dumping and/or countervailing duty on products brought to an artificial island, a fixed or floating installation or any other structure in the continental shelf or the exclusive economic zone of a Member State, as well as procedures relating to the notification and declaration of such products and the payment of such duty, where those products are the subject of any of the following:

                        (a)

                        a notice of initiation of an anti-dumping or anti-subsidy investigation;

                        (b)

                        a Commission Implementing Regulation making imports subject to registration;

                        (c)

                        a Commission Implementing Regulation imposing a provisional or definitive anti-dumping or countervailing duty.

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

                        (1)

                        ‘customs authorities’ means the customs administrations of the Member States responsible for applying this Regulation and the customs legislation as defined in Article 5(2) of Regulation (EU) No 952/2013;

                        (2)

                        ‘continental shelf’ means the continental shelf as defined in the United Nations Convention on the Law of the Sea;

                        (3)

                        ‘exclusive economic zone’ means the exclusive economic zone as defined in the United Nations Convention on the Law of the Sea and which has been declared as exclusive economic zone by a Member State pursuant to the United Nations Convention on the Law of the Sea;

                        (4)

                        ‘product concerned’ means goods that are the subject of any of the following:

                                    (a)

                                    a notice of initiation of an anti-dumping or anti-subsidy investigation;

                                    (b)

                                    a Commission Implementing Regulation making imports subject to registration;

                                    (c)

                                    a Commission Implementing Regulation imposing a provisional or definitive anti-dumping or countervailing duty;

                        (5)

                        ‘receipt declaration’ means the act whereby the recipient indicates, in the prescribed form and manner, the receipt of the products concerned on an artificial island, a fixed or floating installation or any other structure in the continental shelf or in the exclusive economic zone of a Member State containing data elements which are needed for the collection of the payable amount of antidumping duty and/or countervailing duty or for reporting and/or registration in accordance with an act referred to in point(a) or (b) of Article 1;

                        (6)

                        ‘debt’ means the obligation of a person to pay the amount of anti-dumping and/or countervailing duty which applies to the product concerned;

                        (7)

                        ‘recipient’ means the person who is the holder of a licence or an authorisation to carry out business activities in the continental shelf or in the exclusive economic zone of a Member State and receives or has arranged for the receipt of the product concerned on an artificial island, a fixed or floating installation or any other structure in that continental shelf or in that exclusive economic zone;

                        (8)

                        ‘debtor’ means any person liable for a debt.

            Article 3
            Lodging of a receipt declaration

               1.   The receipt of a product concerned on an artificial island, a fixed or floating installation or any other structure in the continental shelf or in the exclusive economic zone of a Member State shall be declared by the recipient by means of a receipt declaration.

               2.   The receipt declaration shall be lodged without delay and at the latest within 30 days of receipt of the product concerned using electronic data-processing techniques at the following customs authorities:

                           (a)

                           where the product concerned is brought from the customs territory of the Union, at the customs authority of the Member State where the re-export declaration is accepted or the re-export notification or the exit summary declaration is registered;

                           (b)

                           where the product concerned is not brought from the customs territory of the Union, at the customs authority of the Member State to which the continental shelf or exclusive economic zone belongs.

               3.   The receipt declaration shall contain the data elements set out in Part I of the Annex and shall be accompanied by the documents supporting those data elements.

               4.   The customs authority may allow the receipt declaration to be lodged by means other than electronic data-processing techniques. In that case, the recipient shall lodge the paper form set out in Part II of the Annex in an original and one copy together with the documents supporting the data elements provided in the form. The original shall be kept by the customs authority. The copy shall be returned by the customs authority to the recipient after it has registered the receipt declaration and acknowledged its receipt.

               5.   Member States shall use the information in the receipt declaration to fulfil their registration obligations under Article 14(5) and (5a) of Regulation (EU) 2016/1036 and Article 24(5) and (5a) of Regulation (EU) 2016/1037 as well as their reporting obligations to the Commission under Article 14(6) of Council Regulation (EU) 2016/1036 and Article 24(6) of Council Regulation (EU) 2016/1037.

            Article 4
            Debt

               1.   The following shall give rise to a debt:

                           (a)

                           lodging a re-export declaration, a re-export notification or an exit summary declaration for the product concerned, including a processed product resulting from the product concerned under the inward processing procedure as referred to in Regulation (EU) No 952/2013, to be brought to an artificial island, a fixed or floating installation or any other structure in the continental shelf or the exclusive economic zone of a Member State from the customs territory of the Union;

                           (b)

                           the receipt of the product concerned brought from outside the customs territory of the Union at an artificial island, a fixed or floating installation or any other structure in the continental shelf or the exclusive economic zone of a Member State.

               2.   In the cases referred to in paragraph 1(a), the debt shall be incurred at the time of acceptance of the re-export declaration or of the registration of the re-export notification or exit summary declaration.
               In the cases referred to in paragraph 1(b), the debt shall be incurred at the time of receipt of the products concerned.

               3.   The debtor shall be the recipient.
               Where the re-export declaration, the re-export notification, the exit summary declaration referred to in paragraph 1(a) or the receipt declaration referred to in paragraph 4 is drawn up on the basis of information which leads to all or part of the anti-dumping and/or countervailing duty not being collected, the person who provided the information required to draw up the declaration or notification and who knew, or who ought reasonably to have known, that such information was false shall also be a debtor.
               Where several persons are liable for payment of the amount of anti-dumping duty and/or countervailing duty corresponding to one debt, they shall be jointly and severally liable for payment of that amount.

               4.   The recipient shall, without delay and at the latest within 30 days of receipt of the product concerned, lodge a receipt declaration. Paragraphs 2, 3 and 4 of Article 3 shall apply.

               5.   For the purposes of the application of paragraph 1(a), the re-export declaration, re-export notification or exit summary declaration shall provide the information about the continental shelf or exclusive economic zone of the Member State to which the product concerned is to be brought by using the relevant additional reference code as defined in data element 2/3 in point 2 of Title II of Annex B of Commission Implementing Regulation (EU) 2015/2447 (5).

               6.   A debt shall be incurred at the place where the receipt declaration is lodged or, where it has not been lodged in accordance with Article 3(2) or Article 4(4), at the place it ought to have been lodged.

            Article 5
            Calculation of the amount of anti-dumping and/or countervailing duty

               1.   The amount of anti-dumping and/or countervailing duty payable shall be determined mutatis mutandis on the basis of those rules of Regulation (EU) No 952/2013 for the calculation of import duty payable which were applicable to the product concerned at the time at which the debt in respect of the product concerned was incurred.

               2.   Where a product concerned which has been placed under the inward processing procedure as referred to in Regulation (EU) No 952/2013, the calculation of the debt concerning the processed products resulting from the product concerned which are re-exported with destination continental shelf or exclusive economic zone of a Member State shall be determined on the basis of the tariff classification, customs value, quantity, nature and origin of the product concerned placed under the inward processing procedure at the time of acceptance of the customs declaration relating to the product concerned.

            Article 6
            Notification, recovery, payment, repayment, remission and extinguishment of debt and provision of a guarantee
            For the purposes of notification, recovery, payment, repayment, remission and extinguishment of debt and the provision of a guarantee, the relevant provisions of Chapters 2, 3 and 4 of Title III of Regulation (EU) No 952/2013 shall apply mutatis mutandis.

            Article 7
            Controls by customs authorities

               1.   The customs authorities may examine the product concerned and/or take samples where it is still possible for them to do so, verify the accuracy and completeness of the information given in the re-export declaration, re-export notification, exit summary declaration or receipt declaration and verify the existence, authenticity, accuracy and validity of any supporting document.

               2.   The customs authorities may examine the accounts of the debtor and other records relating to the operations in respect of the product concerned or to prior or subsequent commercial operations involving those products.

               3.   Where evidence exists that a person did not comply with one of the obligations laid down in this Regulation, the customs authorities may examine the accounts of that person and other records relating to the operations in respect of the product concerned or to prior or subsequent commercial operations involving those products.

               4.   The controls and examinations referred to in paragraphs 1, 2 and 3 may be carried out at the premises of the holder of the goods or of the holder's representative, or of any other person directly or indirectly involved in those operations in a business capacity, or of any other person in possession of those documents and data for business purposes.

            Article 8
            Keeping of documents and other information and charges and costs
            Article 51 of Regulation (EU) No 952/2013 shall apply mutatis mutandis with respect to the keeping of documents and other information.
            Article 52 of Regulation (EU) No 952/2013 shall apply mutatis mutandis with respect to charges and costs.

            Article 9
            Entry into force and application
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply from four months from the date of publication.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 2 July 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  OJ L 176, 30.6.2016, p. 55.

            (3)  OJ L 179, 23.6.1998, p. 3.

            (4)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

            (5)  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).

            ANNEX

               RECEIPT DECLARATION

            PART I

               Data elements

            The recipient shall lodge electronically the receipt declaration which shall contain the following data elements:

                        (1)

                        Name, address and EORI number of the recipient

                        (2)

                        Description of product concerned declared, commodity code — TARIC code and TARIC additional code (where applicable), gross and net mass, quantity expressed in supplementary unit (where applicable), country of origin code and/or, where applicable, country of consignment code (1)

                        (3)

                        Competent Member State (see Articles 3(2) and 4(4))

                        (4)

                        Number of the Regulation(s) or Notice(s) of initiation applicable to this declaration
                        Measure applicable:

                                    —

                                    Anti-dumping/countervailing statistics

                                    —

                                    Notice of initiation

                                    —

                                    Registration

                                    —

                                    Provisional anti-dumping duty

                                    —

                                    Provisional countervailing duty

                                    —

                                    Definitive anti-dumping duty

                                    —

                                    Definitive countervailing duty

                        (5)

                        Net, free-at-continental shelf or Exclusive Economic Zone frontier price.

                        (6)

                        Calculation of the amount of provisional and/or definitive anti-dumping and/or countervailing duty, where applicable

                        (7)

                        Date of receipt of the product concerned and, where applicable, MRN

                        (8)

                        Documents produced, certificates and authorisations, additional references (invoice shall be attached in case of sale of product concerned)

                        (9)

                        Date, name and signature of the recipient

                  The customs authorities may allow that these data elements may be provided without using electronic data-processing techniques. In this case, the recipient shall use the following paper form ‘Receipt declaration’.
            PART II

               Form

            Text of image

               EUROPEAN UNION
               Receipt declaration
               (Articles 3 and 4 of the Commission Implementing Regulation (EU) 2019/1131, of 2 July 2019 establishing a customs tool in order to implement Article 14a of Council Regulation (EU) 2016/1036 and Article 24a of Council Regulation (EU) 2016/1037)
               Original
               For the competent customs authorities
               1. Recipient identification No (name, address and EORI number of the recipient)
               2. Product concerned declared
               Commodity code — TARIC code (and TARIC additional code where applicable)
               Country of origin code and/or, where applicable (1), country of consignment code
               Gross and net mass
               Quantity expressed in supplementary unit (where applicable)
               Description of product concerned
               3. Competent Member State (see Articles 3(2) and 4(4))
               4. Number of the Regulation(s) or notice(s) of initiation applicable to this declaration
               Measure applicable (tick box):
               Anti-dumping/countervailing statistics
               Notice of initiation
               Registration
               Provisional anti-dumping duty
               Provisional countervailing duty
               Definitive anti-dumping duty
               Definitive countervailing duty
               5. Net, free-at-continental shelf or Exclusive Economic Zone frontier price.

            Text of image

               ORIGINAL
               6. Calculation of the amount of anti-dumping and/or countervailing duty payable, where applicable
               7. Date of receipt of the product concerned and, where applicable, MRN
               8. Documents produced, certificates and authorisations, additional references (invoice shall be attached in case of sale of product concerned)
               9. Date Name of the recipient Signature of the recipient
               (1) In case anti-dumping or anti-subsidy measures have been extended to products consigned from a country other than the country concerned by the measures after an anti-circumvention investigation.
               FOR CUSTOMS USE ONLY
               Remarks of the competent customs authorities of the Member State
               Date of receipt of the Receipt declaration and registration number
               Invoice for application of reduced rate of duty or undertaking (tick box)
               Meeting the Minimum Import Price (MIP) defined as threshold for reduction/exemption of antidumping/countervailing duty(tick box)
               Other remarks
               Date Name Signature Stamp/Address

               Note:

            The text on the copy of the receipt declaration shall be:

               ‘Copy
               For the recipient’.

               (1)  In case anti-dumping or anti-subsidy measures have been extended to products consigned from a country other than the country concerned by the measures after an anti-circumvention investigation.