title: Commission Implementing Regulation (EU) 2018/2016 of 18 December 2018 authorising the placing on the market of decorticated grains of Digitaria exilis as a traditional food from a third country under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (Text with EEA relevance.)

text:
                  19.12.2018

                  EN

                  Official Journal of the European Union

                  L 323/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/2016
         of 18 December 2018
         authorising the placing on the market of decorticated grains of Digitaria exilis as a traditional food from a third country under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 and Commission Regulation (EC) No 1852/2001 (1), and in particular Article 15(4) thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

                     Pursuant to Article 15(4) of Regulation (EU) 2015/2283, the Commission is to decide on the authorisation and on the placing on the Union market of a traditional food from a third country.

                     (4)

                     On 23 January 2018, the company Obà Food Srl. (‘the applicant’) submitted a notification to the Commission of the intention to place decorticated grains of Digitaria exilis (Kippist) Stapf (‘Fonio’) on the Union market as a traditional food from a third country within the meaning of Article 14 of Regulation (EU) 2015/2283. The applicant requests for decorticated grains of Digitaria exilis (Kippist) Stapf to be consumed as such or as a food ingredient by the general population.

                     (5)

                     The documented data, presented by the applicant, demonstrate that decorticated grains of Digitaria exilis (Kippist) Stapf have a history of safe food use in West African countries, in particular Guinea, Nigeria and Mali.

                     (6)

                     Pursuant to Article 15(1) of Regulation (EU) 2015/2283, on 28 February 2018, the Commission forwarded the valid notification to the Member States and to the European Food Safety Authority (‘the Authority’).

                     (7)

                     No duly reasoned safety objections to the placing on the market within the Union of decorticated grains of Digitaria exilis (Kippist) Stapf were submitted to the Commission by Member States or the Authority within the four-month period laid down in Article 15(2) of Regulation (EU) 2015/2283.

                     (8)

                     The Commission should therefore authorise the placing on the market within the Union of decorticated grains of Digitaria exilis (Kippist) Stapf and update the Union list of novel foods.

                     (9)

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

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   Decorticated grains of Digitaria exilis (Kippist) Stapf as specified in the Annex to this Regulation shall be included in the Union list of authorised novel foods established in Implementing Regulation (EU) 2017/2470.

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

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

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

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

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

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

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

                        (1)

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

                                    Authorised novel food

                                    Conditions under which the novel food may be used

                                    Additional specific labelling requirements

                                    Other requirements

                                    ‘Decorticated grains of Digitaria exilis (Kippist) Stapf
                                    (Traditional food from a third country)

                                    Not specified

                                    The designation of the novel food on the labelling of the foodstuffs containing it shall be “decorticated fonio (Digitaria exilis) grains”’

                        (2)

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

                                    Authorised Novel Food

                                    Specifications

                                    ‘Decorticated grains of Digitaria exilis (Kippist) Stapf (fonio)
                                    (Traditional food from a third country)

                                       Description/Definition

                                    The traditional food is the decorticated grain (bran removed) of Digitaria exilis (Kippist) Stapf.

                                       Digitaria exilis (Kippist) Stapf) is an annual herbaceous plant belonging to the Poaceae family.

                                       Typical nutritional components of decorticated grain of fonio

                                    Carbohydrates: 76,1 g/100 g of fonio
                                    Water: 12,4 g/100 g of fonio
                                    Protein: 6,9 g/100 g of fonio
                                    Fat: 1,2 g/100 g of fonio
                                    Fibre: 2,2 g/100 g of fonio
                                    Ash: 1,2 g/100 g of fonio
                                    Phytate content: ≤ 2,1 mg/g’


title: Commission Implementing Regulation (EU) 2018/2018 of 18 December 2018 laying down specific rules concerning the procedure to be followed in order to carry out the risk assessment of high risk plants, plant products and other objects within the meaning of Article 42(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council

text:
                  19.12.2018

                  EN

                  Official Journal of the European Union

                  L 323/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/2018
         of 18 December 2018
         laying down specific rules concerning the procedure to be followed in order to carry out the risk assessment of high risk plants, plant products and other objects within the meaning of Article 42(1) of Regulation (EU) 2016/2031 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) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (1), and in particular Article 42(6) thereof,
         Whereas:

                     (1)

                     Rules should be established to ensure that the risk assessment referred to in Article 42(4) of Regulation (EU) 2016/2031 is conducted within a reasonable period of time and on the basis of a timely processing of technical dossiers.

                     (2)

                     In order for that risk assessment to be conducted, an application should be submitted to the Commission only by the National Plant Protection Organisation, within the meaning of the International Plant Protection Convention, of the third country. This is necessary to ensure that all the necessary elements for the assessment of the risk associated with plants, plant products or other objects to be introduced in the Union territory are certified by the responsible public authority of the third country. This would be necessary for the credibility and justification of the risk assessment as a basis of measures taken pursuant to Article 42(4) of Regulation (EU) 2016/2031. Those provisions should apply without prejudice to the right of the Commission to submit requests to the European Food Safety Authority (EFSA) to issue scientific opinions pursuant to Article 29 and provide scientific or technical assistance pursuant to Article 31 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (2).

                     (3)

                     The technical dossier should contain data on the commodities to be introduced into the territory of the Union, as well as data on the identification of pests potentially associated with the commodity in the exporting country, data on national phytosanitary mitigation measures, inspections and treatments and processing of the commodity and contact details of the natural person responsible for liaising with the Commission and EFSA. Such data are essential in order to perform the commodity risk assessment and to identify the pest species for which phytosanitary mitigation measures may be required.

                     (4)

                     In order to provide EFSA with all the necessary elements to conduct the risk assessment, the technical dossier should contain the information specified in the EFSA document entitled ‘Information required for dossiers to support demands for import of high risk plants, plant products and other objects as foreseen in Article 42 of Regulation (EU) 2016/2031 (3)’.

                     (5)

                     It is appropriate that, after acknowledging receipt of the technical dossier, the Commission examine whether it contains the required information and may ask, where necessary, for additional information or clarifications so that it is ensured that the application contains all the required and appropriate elements for the risk assessment.

                     (6)

                     Rules should be established concerning the conduct of risk assessment by EFSA, its communication with the applicant and the publication of that assessment, in order to ensure a transparent, efficient and timely risk assessment process.

                     (7)

                     In order to avoid that the disclosure of certain information harms the competitive position of certain third parties, the provisions concerning confidentiality of Regulation (EC) No 178/2002 should apply accordingly.

                     (8)

                     For reasons of legal certainty, this Regulation should apply from the same date as Regulation (EU) 2016/2031.

                     (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
            Subject matter and scope
            This Regulation lays down procedures for risk assessment foreseen under Article 42(4) of Regulation (EU) 2016/2031 with a view to ensuring that such assessment is conducted within a reasonable period of time and on the basis of a demand for import accompanied by a comprehensive technical dossier and subject to a defined procedure.

            Article 2
            Submission of technical dossiers
            A technical dossier for carrying out the risk assessment referred to in Article 42(4) of Regulation (EU) 2016/2031 may only be submitted to the Commission by a National Plant Protection Organisation of a third country.
            The technical dossier shall be accompanied by elements indicating that demand for import exists within the meaning of Article 42(5) of Regulation (EU) 2016/2031.

            Article 3
            Content of the technical dossier
            The technical dossier shall contain for each plant, plant product or other objects all of the following elements:

                        (a)

                        information on the commodity, including treatments and processing of the commodity;

                        (b)

                        information on the identification of pests potentially associated with the commodity in the exporting country;

                        (c)

                        information on phytosanitary mitigation measures and inspections;

                        (d)

                        the contact details of the National Plant Protection Organisation contact point of the third country responsible for liaising with the Commission and the European Food Safety Authority (EFSA).

                  The technical dossier shall also contain all the elements referred to in the EFSA document entitled ‘Information required for dossiers to support demands for import of high risk plants, plant products and other objects as foreseen in Article 42 of Regulation (EU) 2016/2031’.
            The applicant may indicate the information, the disclosure of which might harm the competitive position of a certain third party and which should therefore be treated as confidential in accordance with Article 6 of this Regulation. Verifiable justification shall be given in such cases.
            The dossier shall be submitted in one of the official languages of the Union.

            Article 4
            Reception and examination of the technical dossier by the Commission
            The Commission shall acknowledge receipt of the technical dossier.
            It shall examine whether the technical dossier contains the information described in points (a) to (d) of the first paragraph of Article 3, and may ask the applicant for additional information or clarifications, as required by the content and the subject of that technical dossier.
            Where the Commission concludes that those requirements are fulfilled, it shall transmit the technical dossier to EFSA and inform Member States accordingly.

            Article 5
            Conduct and completion of the risk assessment
            EFSA shall verify that the technical dossier complies with its document referred to in the second paragraph of Article 3, and may ask the applicant for additional information or clarifications, as required by the content and the subject of the technical dossier.
            Following that verification, EFSA shall proceed with the risk assessment.
            During the conduct of the risk assessment, EFSA may communicate directly with the applicant to ask for additional information or clarifications.
            EFSA shall inform the Commission of every communication with the applicant.
            EFSA shall complete the risk assessment within a reasonable period of time and submit it to the Commission. EFSA shall publish the risk assessment in the EFSA Journal.
            On the basis of that risk assessment, the Commission shall, as necessary, modify the list of high risk plants, plant products or other objects referred to in Article 42(3) of Regulation (EU) 2016/2031 in accordance with Article 42(4) of that Regulation.

            Article 6
            Confidentiality
            For the purpose of this Regulation, the provisions laid down in Article 39 of Regulation (EC) No 178/2002 concerning the confidentiality of information submitted by the applicant shall apply accordingly.

            Article 7
            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 14 December 2019.

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

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 317, 23.11.2016, p. 4.

            (2)  OJ L 31, 1.2.2002, p. 1.

            (3)  European Food Safety Authority (EFSA), Dehnen-Schmutz K, Jaques Miret JA, Jeger M, Potting R, Corini A, Simone G, Kozelska S, Munoz Guajardo I, Stancanelli G and Gardi C, 2018. Information required for dossiers to support demands for import of high risk plants, plant products and other objects as foreseen in Article 42 of Regulation (EU) 2016/2031. EFSA supporting publication 2018:EN-1492, 22pp. doi:10.2903/sp.efsa.2018.1492


title: Commission Implementing Regulation (EU) 2018/2019 of 18 December 2018 establishing a provisional list of high risk plants, plant products or other objects, within the meaning of Article 42 of Regulation (EU) 2016/2031 and a list of plants for which phytosanitary certificates are not required for introduction into the Union, within the meaning of Article 73 of that Regulation

text:
                  19.12.2018

                  EN

                  Official Journal of the European Union

                  L 323/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/2019
         of 18 December 2018
         establishing a provisional list of high risk plants, plant products or other objects, within the meaning of Article 42 of Regulation (EU) 2016/2031 and a list of plants for which phytosanitary certificates are not required for introduction into the Union, within the meaning of Article 73 of that Regulation
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (1), and in particular Articles 42(3) and 73 thereof,
         Whereas:

                     (1)

                     Pursuant to Article 42(3) of Regulation (EU) 2016/2031, on the basis of a preliminary assessment, the Commission is to adopt implementing acts provisionally listing high risk plants, plant products or other objects that present a pest risk of unacceptable level for the Union territory.

                     (2)

                     Since the adoption of Regulation (EU) 2016/2031, several preliminary assessments have been carried out concerning whether plants and plant products originating in third countries present a pest risk of an unacceptable level for the Union territory. Those assessments concluded that because certain plants and plant products fulfil one or more of the criteria set out in Annex III to that Regulation, they could qualify as ‘high risk plants’ or ‘high risk plant products’ within the meaning of Article 42 of that Regulation. The same preliminary risk assessments also concluded that seeds and in vitro material of those ‘high risk plants’ should be excluded from the scope of this Regulation as the level of pest risk is at an acceptable level. Moreover, naturally or artificially dwarfed woody plants for planting should also be excluded from the scope of this Regulation as their import is subject to specific requirements under Council Directive 2000/29/EC (2) that reduce the pest risk to an acceptable level and will also be subject to the special requirements of Article 41 of Regulation (EU) 2016/2031 from 14 December 2019.

                     (3)

                     Plants for planting, other than seeds, in vitro material and naturally or artificially dwarfed woody plants for planting, of Acacia Mill., Acer L., Albizia Durazz., Alnus Mill., Annona L., Bauhinia L., Berberis L., Betula L., Caesalpinia L., Cassia L., Castanea Mill., Cornus L., Corylus L., Crataegus L., Diospyros L., Fagus L., Ficus carica L., Fraxinus L., Hamamelis L., Jasminum L., Juglans L., Ligustrum L., Lonicera L., Malus Mill., Nerium L., Persea Mill., Populus L., Prunus L., Quercus L., Robinia L., Salix L., Sorbus L., Taxus L., Tilia L., Ulmus L., and plants of Ullucus tuberosus Loz., are known to host commonly hosted pests known to have a major impact on plant species which are of major economic, social or environmental importance to the Union. Those plants are also known to commonly harbour pests without showing signs of infection, or to have a latent period for the expression of those signs. This reduces the possibility for detecting the presence of such pests during inspections carried out when those plants are introduced into the Union territory. Moreover, those plants for planting are usually introduced into the Union in the form of shrubs or trees and they are usually present in the Union in such form. In light of this, the existing measures governing the introduction of the plants for planting listed in Annex I to this Regulation and plants of Ullucus tuberosus Loz. originating from third countries are not considered to be sufficient to prevent the entry of pests. Therefore the plants for planting listed in Annex I and plants of Ullucus tuberosus Loz. should be listed as high risk plants within the meaning of Article 42(1) of Regulation (EU) 2016/2031, and their introduction into the Union territory should be provisionally prohibited.

                     (4)

                     Fruits of Momordica L. are known to host and provide a significant pathway for the introduction and establishment of the pest Thrips palmi Karny, which is known to have the potential to have a major impact on plant species which are of a major economic, social or environmental importance to the Union territory. However, this pest does not occur in all third countries nor in all areas within a third country where it is known to occur. Certain third countries also have effective mitigation measures in place for that pest. In view of this, fruits of Momordica L. that originate in third countries or parts thereof where that pest is known to occur and which lack effective mitigation measures for that pest qualify as high risk plants, within the meaning of Article 42(1) of Regulation (EU) 2016/2031, and therefore, the introduction into the Union of those plants should be provisionally prohibited.

                     (5)

                     Wood of Ulmus L. is known to host and provide a significant pathway for the introduction and establishment of the pest Saperda tridentata Olivier. That pest is known to have a major impact on plant species which are of a major economic, social or environmental importance to the Union territory. However, this pest does not occur in all third countries, nor in certain areas within a third country where it is known to occur. In view of this, wood of Ulmus L. originating from third countries or areas of third countries where Saperda tridentata Olivier is known to occur, qualifies as a high risk plant product, within the meaning of Article 42(1) of Regulation (EU) 2016/2031. Therefore the introduction into the Union of that wood should be provisionally prohibited.

                     (6)

                     Those plants and plant products referred to in recitals (3), (4) and (5) are not listed in accordance with Article 40 to Regulation (EU) 2016/2031, or only listed with regard to certain third countries. Moreover, and in accordance with the respective preliminary assessments, they are not sufficiently covered by the requirements referred to in Article 41 of that Regulation with regards to all third countries, and not subject to the temporary measures of Article 49 of that Regulation.

                     (7)

                     Those plants and plant products referred to in recitals (3), (4) and (5) are not yet subject to a complete risk assessment that is required to conclude whether they pose a risk at an unacceptable level by virtue of the likelihood that they host a Union quarantine pest, or whether that risk can be reduced to an acceptable level by applying certain measures. Where demand for the importation of those plants and plant products is identified, they are to be subject to a risk assessment that will be carried out in accordance with an implementing act to be adopted pursuant to Article 42(6) of Regulation (EU) 2016/2031.

                     (8)

                     According to Article 73 of Regulation (EU) 2016/2031, the Commission is to provide, by means of implementing acts, that for plants other than the plants included in the list referred to in Article 72(1), a phytosanitary certificate is required for their introduction into the Union territory.

                     (9)

                     However, those implementing acts are to provide that a phytosanitary certificate is not required for those plants where an assessment which is based on evidence about pest risks and experience with trade demonstrates that such a certificate is not necessary.

                     (10)

                     Since the adoption of that Regulation, various assessments have been carried out concerning the pest risk and experience with trade of several plants, other than plants for planting, originating from third countries.

                     (11)

                     According to those assessments, fruits of Ananas comosus (L.) Merrill, Cocos nucifera L., Durio zibethinus Murray, Musa L. and Phoenix dactylifera L. do not host Union quarantine pests or pests subject to measures adopted pursuant to Article 30 of Regulation (EU) 2016/2031, or commonly hosted pests which may impact on plant species grown in the Union. Moreover, there have been no pest outbreaks linked to the introduction of those fruits from one or more third countries. Neither have those fruits been subject to repetitive interceptions due to the presence of Union quarantine pests or pests subject to the measures adopted pursuant to Article 30 of that Regulation during their introduction into the Union territory.

                     (12)

                     In view of the fact that those fruits fulfil all of the criteria of Annex VI to Regulation (EU) 2016/2031, no phytosanitary certificate should be required for their introduction into the Union territory.

                     (13)

                     The lists to be established under Article 42(3) and Article 73 of Regulation (EU) 2016/2031 both concern import rules which are based on similar criteria for risk assessment, as set out in Annexes III and VI to that Regulation. They are focused on the risks posed by the respective plants and plant products, instead of the risks of specific pests. They have been elaborated under a common risk assessment methodology and shall be updated under the same methodology, on the basis of the available technical and scientific evidence. It is therefore appropriate to integrate them in one Regulation.

                     (14)

                     As Regulation (EU) 2016/2031 applies from 14 December 2019, and in order to ensure a consistent application of all rules concerning the introduction into the Union of plants, plant products and other objects, this Regulation should apply from the same date.

                     (15)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            High risk plants, plant products and other objects
            The plants, plant products and other objects listed in Annex I are considered high risk plants, plant products and other objects within the meaning of Article 42(1) of Regulation (EU) 2016/2031, and their introduction into the Union territory shall be prohibited pending a risk assessment.

            Article 2
            Phytosanitary certificate for the introduction into the Union of certain plants
            A phytosanitary certificate shall be required for the introduction into the Union of plants, other than the plants included in the list referred to in Article 72(1) of Regulation (EU) 2016/2031.
            However, fruits listed in Annex II shall be excluded from this requirement.

            Article 3
            Entry into force and application
            This Regulation shall enter into force the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply from 14 December 2019.

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

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 317, 23.11.2016, p. 4.

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

            ANNEX I

               List of high risk plants, plant products and other objects, within the meaning of Article 42(1) of Regulation (EU) 2016/2031

                        1.

                        Plants for planting, other than seeds, in vitro material and naturally or artificially dwarfed woody plants for planting, originating from all third countries and belonging to the following genera or species:

                                    CN Code

                                    Description

                                    ex 0602

                                       Acacia Mill.

                                    ex 0602

                                       Acer L.

                                    ex 0602

                                       Albizia Durazz.

                                    ex 0602

                                       Alnus Mill.

                                    ex 0602

                                       Annona L.

                                    ex 0602

                                       Bauhinia L.

                                    ex 0602

                                       Berberis L.

                                    ex 0602

                                       Betula L.

                                    ex 0602

                                       Caesalpinia L.

                                    ex 0602

                                       Cassia L.

                                    ex 0602

                                       Castanea Mill.

                                    ex 0602

                                       Cornus L.

                                    ex 0602

                                       Corylus L.

                                    ex 0602

                                       Crataegus L.

                                    ex 0602

                                       Diospyros L.

                                    ex 0602

                                       Fagus L.

                                    ex 0602

                                       Ficus carica L.

                                    ex 0602

                                       Fraxinus L.

                                    ex 0602

                                       Hamamelis L.

                                    ex 0602

                                       Jasminum L.

                                    ex 0602

                                       Juglans L.

                                    ex 0602

                                       Ligustrum L.

                                    ex 0602

                                       Lonicera L.

                                    ex 0602

                                       Malus Mill.

                                    ex 0602

                                       Nerium L.

                                    ex 0602

                                       Persea Mill.

                                    ex 0602

                                       Populus L.

                                    ex 0602

                                       Prunus L.

                                    ex 0602

                                       Quercus L.

                                    ex 0602

                                       Robinia L.

                                    ex 0602

                                       Salix L.

                                    ex 0602

                                       Sorbus L.

                                    ex 0602

                                       Taxus L.

                                    ex 0602

                                       Tilia L.

                                    ex 0602

                                       Ulmus L.

                        2.

                        Plants of Ullucus tuberosus originating from all third countries.

                                    CN Code

                                    Description

                                    ex 0601 10 90
                                    ex 0601 20 90
                                    ex 0714 90 20

                                       Ullucus tuberosus Loz.

                        3.

                        Fruits of Momordica L. originating from third countries or areas of third countries where Thrips palmi Karny is known to occur and where effective mitigation measures for that pest are lacking.

                                    CN Code

                                    Description

                                    ex 0709 99 90

                                       Momordica L.

                        4.

                        Wood of Ulmus L. originating from third countries or areas of third countries where Saperda tridentata Olivier is known to occur.

                                    CN Code

                                    Description

                                    ex 4403 12 00
                                    ex 4401 22 00
                                    ex 4401 39 00
                                    ex 4403 99 00
                                    ex 4407 99

                                       Ulmus L.

            ANNEX II

               List of fruits for which a phytosanitary certificate is not required for introduction into the Union, within the meaning of Article 73 of Regulation (EU) 2016/2031

                        CN code

                        Description

                        ex 0804 30 00

                           Ananas comosus (L.) Merrill

                        ex 0801 12 00 , ex 0801 19 00

                           Cocos nucifera L.

                        ex 0810 60 00

                           Durio zibethinus Murray

                        ex 0803 10 10 , ex 0803 90 10

                           Musa L.

                        ex 0804 10 00

                           Phoenix dactylifera L.


title: Council Implementing Regulation (EU) 2018/2053 of 21 December 2018 implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma

text:
                  21.12.2018

                  EN

                  Official Journal of the European Union

                  LI 327/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2018/2053
         of 21 December 2018
         implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in respect of Myanmar/Burma and repealing Regulation (EC) No 194/2008 (1), and in particular Article 4i thereof,
         Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 2 May 2013, the Council adopted Regulation (EU) No 401/2013.

                     (2)

                     On 17 September 2018, the independent international Fact-Finding Mission (FFM) of the United Nations Human Rights Council published its detailed report on Myanmar in which it was concluded that gross human rights violations and abuses had been committed in Kachin, Rakhine and Shan States, in particular by the Myanmar Armed Forces (Tatmadaw) and the Border Guard Police and that many of those violations amounted to the gravest crimes under international law.

                     (3)

                     In view of the findings of the FFM, seven persons should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures in Annex IV to Regulation (EU) No 401/2013.

                     (4)

                     Annex IV to Regulation (EU) No 401/2013 should be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex IV to Regulation (EU) No 401/2013 is amended as set out in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 21 December 2018.

                  For the Council

                  The President

               J. BOGNER-STRAUSS

            (1)  OJ L 121, 3.5.2013, p. 1.

            ANNEX
            The following persons are added to the list of natural and legal persons, entities and bodies set out in Annex IV to Regulation (EU) No 401/2013:

                           Name

                           Identifying information

                           Reasons

                           Date of listing

                           ‘8.

                           Ba Kyaw

                           Ba Kyaw is a Staff Sergeant in the 564th Light Infantry Battalion (LIB) of the Myanmar Armed Forces (Tatmadaw). He committed atrocities and serious human rights violations, including murder, deportation and torture, against the Rohingya population in Rakhine State in the second half of 2017. In particular, he has been identified as one of the key perpetrators of the Maung Nu massacre on 27 August 2017.

                           21.12.2018

                           9.

                           Tun Naing

                           Tun Naing is the Commanding Officer of the Border Guard Police (BGP) base in Taung Bazar. In that capacity, he is responsible for the atrocities and serious human rights violations against the Rohingya population in Rakhine State committed by the BGP in Taung Bazar before, around and after 25 August 2017, including forced detention, ill-treatment and torture.

                           21.12.2018

                           10.

                           Khin Hlaing

                           Date of birth: 2 May 1968

                           Brigadier General Khin HLaing is the former Commander of the 99th Light Infantry Division (LID) and the current Commander of the North-eastern Command of the Myanmar Armed Forces (Tatmadaw). As the Commander of the 99th LID he oversaw military operations carried out in Shan State in 2016 and early 2017. In that context, he is responsible for the atrocities and serious human rights violations committed against ethnic minority villagers in Shan State in the second half of 2016 by the 99th LID. These include unlawful killings, forced detention and destruction of villages.

                           21.12.2018

                           11.

                           Aung Myo Thu

                           Major Aung Myo Thu is the Field Unit Commander of 33rd Light Infantry Division (LID) of the Myanmar Armed Forces (Tatmadaw). As the Field Unit Commander of the 33rd LID he oversaw military operations carried out in Rakhine State in 2017. In that context, he is responsible for the atrocities and serious human rights violations committed against the Rohingya population in Rakhine State in the second half of 2017 by the 33rd LID. These include unlawful killings, sexual violence and forced detention.

                           21.12.2018

                           12.

                           Thant Zaw Win

                           Thant Zaw Win is a Major in the 564th Light Infantry Battalion (LIB) of the Myanmar Armed Forces (Tatmadaw). In that capacity, he oversaw military operations carried out in Rakhine State and is responsible for the atrocities and serious human rights violations committed against the Rohingya population in Rakhine State by the 564th LIB, notably in and around Maung Nu village on 27 August 2017. These include unlawful killings, sexual violence and systematic burning of Rohingya houses and buildings.

                           21.12.2018

                           13.

                           Kyaw Chay

                           Kyaw Chay is a Corporal in the Border Guard Police (BGP). He was formerly based in Zay Di Pyin and was the Commanding Officer of the BGP base in Zay Di Pyin in the period around 25 August 2017 when a series of human rights violations were committed by the BGP under his command. In that context, he is responsible for the atrocities and serious human rights violations by the BGP against the Rohingya population in Rakhine State in that period. He also participated in serious human rights violations. These violations include the ill-treatment of detainees and torture.

                           21.12.2018

                           14.

                           Nyi Nyi Swe

                           Major General Nyi Nyi Swe is the former Commander of the Northern Command of the Myanmar Armed Forces (Tatmadaw). In that capacity, he is responsible for the atrocities and serious human rights violations committed in Kachin State from May 2016 to April 2018 (until his appointment as Commander of the South-western Command) by the Northern Command, including ill-treatment of civilians. He is also responsible for obstructing the provision of humanitarian assistance to civilians in need in Kachin State in that period, in particular the blocking of food transports.

                           21.12.2018’.