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Document L:2018:166:FULL

Official Journal of the European Union, L 166, 3 July 2018


Display all documents published in this Official Journal
 

ISSN 1977-0677

Official Journal

of the European Union

L 166

European flag  

English edition

Legislation

Volume 61
3 July 2018


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Commission Implementing Regulation (EU) 2018/938 of 20 June 2018 entering a name in the register of protected designations of origin and protected geographical indications (Choucroute d'Alsace (PGI))

1

 

*

Commission Implementing Regulation (EU) 2018/939 of 26 June 2018 entering a name in the register of protected designations of origin and protected geographical indications (Cidre Contentin/Contentin (PDO))

3

 

*

Commission Regulation (EU) 2018/940 of 27 June 2018 establishing a prohibition of fishing for Bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean by vessels flying the flag of Greece

5

 

*

Commission Implementing Regulation (EU) 2018/941 of 2 July 2018 amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and Commission Implementing Regulation (EU) No 885/2014 ( 1)

7

 

 

DECISIONS

 

*

Council Decision (CFSP) 2018/942 of 29 June 2018 amending Decision 2013/354/CFSP on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)

17

 

*

Council Decision (CFSP) 2018/943 of 29 June 2018 amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)

19

 

 

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

 

*

Decision No 1/2018 of the Community/Switzerland Inland Transport Committee of 12 June 2018 amending Annex 1 to the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and road [2018/944]

20

 


 

(1)   Text with EEA relevance.

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

REGULATIONS

3.7.2018   

EN

Official Journal of the European Union

L 166/1


COMMISSION IMPLEMENTING REGULATION (EU) 2018/938

of 20 June 2018

entering a name in the register of protected designations of origin and protected geographical indications (‘Choucroute d'Alsace’ (PGI))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, France's application to register the name ‘Choucroute d'Alsace’ was published in the Official Journal of the European Union (2).

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Choucroute d'Alsace’ should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Choucroute d'Alsace’ (PGI) is hereby entered in the register.

The name specified in the first paragraph denotes a product in Class 1.6. Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 June 2018.

For the Commission,

On behalf of the President,

Phil HOGAN

Member of the Commission


(1)  OJ L 343, 14.12.2012, p. 1.

(2)  OJ C 51, 10.2.2018, p. 29.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


3.7.2018   

EN

Official Journal of the European Union

L 166/3


COMMISSION IMPLEMENTING REGULATION (EU) 2018/939

of 26 June 2018

entering a name in the register of protected designations of origin and protected geographical indications (‘Cidre Contentin’/‘Contentin’ (PDO))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, France's application to register the name ‘Cidre Cotentin’/‘Cotentin’ was published in the Official Journal of the European Union (2).

(2)

By letter of 16 November 2016, the French authorities notified the Commission that, under Article 15(4) of Regulation (EU) No 1151/2012, a transitional period ending on 15 November 2026 had been granted to the limited liability agricultural holding (EARL) La Vallée des Pommiers, 17, bis hameau Les Mesles, 50340 Bricquebosq, and to the limited liability company (SARL) Cidrerie Le père Mahieu, 17, bis hameau Les Mesles, 50340 Bricquebosq, which are established on their territory, and meet the conditions of the above article, in accordance with the order of 14 October 2016 on the protected designation of origin ‘Cidre Contentin’/‘Contentin’, published on 22 October 2016 in the Official Journal of the French Republic. During the national opposition procedure, these operators, who had been legally marketing ‘Cidre Contentin’/‘Contentin’ continuously for at least five years prior to submission of the application, lodged an objection.

(3)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Cidre Contentin’/‘Contentin’ should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Cidre Contentin’/‘Contentin’ (PDO) is hereby entered in the register.

The name specified in the first paragraph denotes a product in Class 1.8 as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

Article 2

The protection provided under Article 1 is subject to the transitional period granted by France pursuant to the order of 14 October 2016 on the protected designation of origin ‘Cidre Contentin’/‘Contentin’ (PDO), published on 22 October 2016 in the Official Journal of the French Republic, under Article 15(4) of Regulation (EU) No 1151/2012, to operators meeting the conditions set out in that Article.

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, 26 June 2018.

For the Commission,

On behalf of the President,

Phil HOGAN

Member of the Commission


(1)  OJ L 343, 14.12.2012, p. 1.

(2)  OJ C 39, 2.2.2018, p. 33.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


3.7.2018   

EN

Official Journal of the European Union

L 166/5


COMMISSION REGULATION (EU) 2018/940

of 27 June 2018

establishing a prohibition of fishing for Bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean by vessels flying the flag of Greece

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:

(1)

Council Regulation (EU) 2018/120 (2) lays down quotas for 2018.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2018.

(3)

It is therefore necessary to prohibit fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2018 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.

Article 3

Entry into force

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 June 2018.

For the Commission,

On behalf of the President,

João AGUIAR MACHADO

Director-General

Directorate-General for Maritime Affairs and Fisheries


(1)  OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2018/120 of 23 January 2018 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2017/127 (OJ L 27, 31.1.2018, p. 1).


ANNEX

No

11/TQ120

Member State

Greece

Stock

BFT/AE45WM

Species

Bluefin tuna (Thunnus thynnus)

Zone

Atlantic Ocean, east of 45° W, and Mediterranean

Closing date

11.5.2018


3.7.2018   

EN

Official Journal of the European Union

L 166/7


COMMISSION IMPLEMENTING REGULATION (EU) 2018/941

of 2 July 2018

amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and Commission Implementing Regulation (EU) No 885/2014

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 15(5) thereof,

Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (2), and in particular Article 53(1)(b)(ii) thereof,

Whereas:

(1)

Commission Regulation (EC) No 669/2009 (3) lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto (‘the list’), at designated points of entry (‘DPE’) into the territories referred to in Annex I to Regulation (EC) No 882/2004.

(2)

Pursuant to Regulation (EC) No 669/2009, in the case of consignments entering the Union by sea, which are unloaded for the purposes of being loaded on another vessel for onwards transportation to a port in another Member State (transhipped consignments), the designated point of entry is the latter port. For the purposes of an efficient organisation of official controls at Union borders, while ensuring a high level of human, animal and plant health protection, the same rule should apply to consignments entering the Union by air transport from a third country, which are transhipped for onward travel to another airport into the Union. In those cases, the designated point of entry should be the latter airport. For the same reasons, this rule should also apply where the consignments are transhipped for onward travel in the same Member State. The terminology used in relation to transhipped consignments should be changed from ‘onwards transportation’ to ‘onward travel’, to reflect the distinct situation of transhipped consignments compared to that of consignments authorised for onwards transportation pending the results of the physical checks. It is therefore appropriate to amend Regulation (EC) No 669/2009 accordingly.

(3)

Regulation (EC) No 882/2004 requires competent authorities to notify the Commission and the other Member States of border rejections. As regards pesticides, it is appropriate to clarify that where the competent authorities reject a consignment of feed and food listed in Annex I to Regulation (EC) No 669/2009, such notification should be made where a maximum residue level set out in Regulation (EC) No 396/2005 of the European Parliament and the Council (4) has not been complied with, irrespective of whether the acute reference dose has been exceeded.

(4)

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

(5)

The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed, the findings of audits to third countries carried out by the Directorate for Health and Food Audits and Analysis of the Commission Directorate-General for Health and Food Safety, as well as the biannual reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009, indicate that the list should be amended.

(6)

In particular, for consignments of goji berries from China and of turnips prepared or preserved by vinegar or acetic acid (‘pickled turnips’) from Lebanon and from Syria, the aforementioned sources of information indicate the emergence of new risks to human health requiring the introduction of an increased level of official controls. Entries concerning those consignments should therefore be included in the list.

(7)

In particular, the list should be amended by deleting the entries for commodities for which the available information indicates an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official controls is therefore no longer justified. The entries in the list concerning Brassica oleracea from China, strawberries from Egypt, dried grapes from Iran, peas with pods from Kenya, yardlong beans from Thailand and aubergines and Ethiopian eggplant from Uganda should therefore be deleted.

(8)

Moreover, the list should be amended by decreasing the frequency of identity and physical checks on commodities for which the relevant sources of information indicate an overall improvement of compliance with the relevant requirements provided for in Union legislation and for which the current frequency of such checks is therefore no longer appropriate. The entries in the list concerning pineapples from Benin and lemons and pomegranates from Turkey should therefore be amended accordingly.

(9)

The scope of certain entries in the list should be amended to include forms of the commodity other than the ones currently listed, where those other forms present the same risk. It is therefore appropriate to amend the existing entries concerning okra from Vietnam, to include frozen okra.

(10)

To protect human health in the Union, Commission Implementing Regulation (EU) No 885/2014 (5) provides that consignments of okra (food, fresh and frozen) from India may only be imported into the Union if they are accompanied by a health certificate stating that the commodities have been sampled and analysed for the presence of pesticide residues and by the results of the sampling and analysis performed by the competent authorities of the third country to ascertain compliance with Union legislation on maximum residue levels of pesticides. Implementing Regulation (EU) No 885/2014 establishes also an increased frequency of official controls on the import of okra from India at Union borders. The results from these controls show a decrease of the frequency of non-compliance with the maximum residue levels of pesticide residues established in Regulation (EC) No 396/2005 for this commodity, providing evidence that the risk related to its import has significantly decreased. It is therefore appropriate to no longer subject okra from India to the special import conditions set out in Implementing Regulation (EU) No 885/2014. An increased level of official controls at Union borders should be maintained further to the discontinuation of pre-export sampling, testing and certification required by Implementing Regulation (EU) No 885/2014 for this commodity. Implementing Regulation (EU) No 885/2014 and Annex I to Regulation (EC) No 669/2009 should be amended accordingly.

(11)

The existing entries concerning tea from China in the list in Annex I to Regulation (EC) No 669/2009 require the competent authorities to test this product for Triflurarin. However, Member States have not reported detections of this pesticide in this product and there are no relevant notifications under the Rapid Alert System for Food and Feed set out in accordance with Regulation (EC) No 178/2002. At the same time, frequent detections of Tolfenpyrad in tea from China have been reported. Similarly to Trifluralin, this pesticide is not listed in the control programme referred to in Article 29(2) of Regulation (EC) No 396/2005 and therefore the testing for this pesticide is not required in the framework of Regulation (EC) No 669/2009. It is therefore appropriate to amend the existing entries concerning tea from China in Annex I to Regulation (EC) No 669/2009 to delete the reference to Triflurarin and to require competent authorities to test this product for Tolfenpyrad.

(12)

The specific characteristics of the aseptic packaging in barrels of ‘Apricots, otherwise prepared or preserved’ (apricot pulp) (CN Code 2008 50 61) listed in Annex I to Regulation (EC) No 669/2009 are such that the performance of sampling operations at the DPE could result in a serious risk to food safety or in the product being damaged to an unacceptable extent. It is therefore appropriate to amend the existing entries ‘Apricots, otherwise prepared or preserved’ (apricot pulp) in Annex I to Regulation (EC) No 669/2009 to provide that identity and physical checks on consignments of such products may be carried out by the competent authorities of the place of destination as indicated in the common entry document (CED), if appropriate at the premises of the food business operator, where the conditions referred to in Article 9(2) of that Regulation are met.

(13)

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

(14)

Regulation (EC) No 669/2009 and Implementing Regulation (EU) No 885/2014 should therefore be amended accordingly.

(15)

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

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Commission Regulation (EC) No 669/2009

Regulation (EC) No 669/2009 is amended as follows:

(1)

in Article 3, the last sentence of point (b) is replaced by the following:

‘in the case of consignments entering the Union by sea or by air transport from a third country, which are unloaded for the purposes of being loaded on respectively another vessel or aircraft in the same port or airport for onward travel to another port or airport in one of the territories referred to in Annex I to Regulation (EC) No 882/2004, the designated point of entry shall be the latter port or airport;’;

(2)

Article 13 is replaced by the following:

‘Article 13

Non-compliance

1.   If the official controls establish non-compliance, the responsible official of the competent authority shall complete Part III of the common entry document and action shall be taken pursuant to Articles 19, 20 and 21 of Regulation (EC) No 882/2004.

2.   Where the competent authority at the designated point of entry does not permit the introduction of a consignment of feed and food listed in Annex I due to non-compliance with a maximum residue level set out in Regulation (EC) No 396/2005, it shall immediately notify such border rejection in accordance with Article 19(3) of Regulation (EC) No 882/2004.’;

(3)

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

Article 2

Amendments to Implementing Regulation (EU) No 885/2014

Implementing Regulation (EU) No 885/2014 is amended as follows:

(1)

in Article 1, paragraph 1 is replaced by the following:

‘1.   This Regulation shall apply to consignments of the food of non-animal origin which is listed in Annex I.’;

(2)

Annex I is amended as set out in Annex II to this Regulation.

Article 3

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 July 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 165, 30.4.2004, p. 1.

(2)  OJ L 31, 1.2.2002, p. 1.

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

(4)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).

(5)  Commission Implementing Regulation (EU) No 885/2014 of 13 August 2014 laying down specific conditions applicable to the import of okra and curry leaves from India and repealing Implementing Regulation (EU) No 91/2013 (OJ L 242, 14.8.2014, p. 20).


ANNEX I

ANNEX I

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

Feed and food

(intended use)

CN code (1)

TARIC sub-division

Country of origin

Hazard

Frequency of physical and identity checks (%)

Pineapples

(Food — fresh or chilled)

0804 30 00

 

Benin (BJ)

Pesticide residues (2)  (3)

10

Groundnuts (peanuts), in shell

1202 41 00

 

Bolivia (BO)

Aflatoxins

50

Groundnuts (peanuts), shelled

1202 42 00

Peanut butter

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91 ;

2008 11 96 ;

2008 11 98

(Feed and food)

 

Goji berries (wolfberries) (Lycium barbarum L.)

(Food — fresh, chilled or dried)

ex 0813 40 95 ;

10

China (CN)

Pesticide residues (2)  (4)

10

ex 0810 90 75

10

Tea, whether or not flavoured

(Food)

0902

 

China (CN)

Pesticide residues (2)  (5)

10

Sweet peppers (Capsicum annuum)

0709 60 10 ;

0710 80 51

 

Dominican Republic (DO)

Pesticide residues (2)  (6)

20

Peppers (other than sweet) (Capsicum spp.)

ex 0709 60 99 ;

20

ex 0710 80 59

20

Yardlong beans

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

ex 0708 20 00 ;

10

ex 0710 22 00

10

(Food — fresh, chilled or frozen)

 

 

Sweet peppers (Capsicum annuum)

0709 60 10 ;

 

Egypt (EG)

Pesticide residues (2)  (7)

10

0710 80 51

 

Peppers (other than sweet) (Capsicum spp.)

ex 0709 60 99 ;

20

ex 0710 80 59

20

(Food — fresh, chilled or frozen)

 

 

Hazelnuts, in shell

0802 21 00

 

Georgia (GE)

Aflatoxins

20

Hazelnuts, shelled

0802 22 00

(Food)

 

Palm oil

(Food)

1511 10 90 ;

 

Ghana (GH)

Sudan dyes (8)

50

1511 90 11 ;

 

ex 1511 90 19 ;

90

1511 90 99

 

Groundnuts (peanuts), in shell

1202 41 00

 

Gambia (GM)

Aflatoxins

50

Groundnuts (peanuts), shelled

1202 42 00

Peanut butter

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91 ;

2008 11 96 ;

2008 11 98

(Feed and food)

 

Okra

(Food — fresh, chilled or frozen)

ex 0709 99 90 ;

20

India (IN)

Pesticide residues (2)  (9)

10

ex 0710 80 95

30

Peppers (other than sweet) (Capsicum spp.)

(Food — fresh, chilled or frozen)

ex 0709 60 99 ;

20

India (IN)

Pesticide residues (2)  (10)

10

ex 0710 80 59

20

Chinese celery (Apium graveolens)

(Food — fresh or chilled herb)

ex 0709 40 00

20

Cambodia (KH)

Pesticide residues (2)  (11)

50

Yardlong beans

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

(Food — fresh, chilled or frozen vegetables)

ex 0708 20 00 ;

10

Cambodia (KH)

Pesticide residues (2)  (12)

50

ex 0710 22 00

10

Turnips (Brassica rapa spp. Rapa)

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

ex 2001 90 97

11 ; 19

Lebanon (LB)

Rhodamine B

50

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

(Food — dried, roasted, crushed or ground)

ex 2008 99 99 ;

79

Sri Lanka (LK)

Aflatoxins

20

0904 21 10 ;

 

ex 0904 21 90 ;

20

ex 0904 22 00

11 ; 19

Groundnuts (peanuts), in shell

1202 41 00

 

Madagascar (MG)

Aflatoxins

50

Groundnuts (peanuts), shelled

1202 42 00

Peanut butter

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91 ;

2008 11 96 ;

2008 11 98

(Feed and food)

 

Sesamum seeds

(Food — fresh or chilled)

1207 40 90

 

Nigeria (NG)

Salmonella (13)

50

Peppers (other than sweet) (Capsicum spp.)

(Food — fresh, chilled or frozen)

ex 0709 60 99 ;

20

Pakistan (PK)

Pesticide residues (2)

10

ex 0710 80 59

20

Raspberries

(Food — frozen)

0811 20 31 ;

 

Serbia (RS)

Norovirus

10

ex 0811 20 11 ;

10

ex 0811 20 19

10

Groundnuts (peanuts), in shell

1202 41 00

 

Sudan (SD)

Aflatoxins

50

Groundnuts (peanuts), shelled

1202 42 00

Peanut butter

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91 ;

2008 11 96 ;

2008 11 98

(Feed and food)

 

Sesamum seeds

(Food — fresh or chilled)

1207 40 90

 

Sudan (SD)

Salmonella (13)

50

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

(Food)

ex 1207 70 00 ;

10

Sierra Leone (SL)

Aflatoxins

50

ex 1106 30 90 ;

30

ex 2008 99 99

50

Groundnuts (peanuts), in shell

1202 41 00

 

Senegal (SN)

Aflatoxins

50

Groundnuts (peanuts), shelled

1202 42 00

Peanut butter

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91 ;

2008 11 96 ;

2008 11 98

(Feed and food)

 

Turnips (Brassica rapa spp. Rapa)

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

ex 2001 90 97

11 ; 19

Syria (SY)

Rhodamine B

50

Peppers (other than sweet) (Capsicum spp.)

(Food — fresh, chilled or frozen)

ex 0709 60 99 ;

20

Thailand (TH)

Pesticide residues (2)  (14)

10

ex 0710 80 59

20

Dried apricots

0813 10 00

 

Turkey (TR)

Sulphites (16)

20

Apricots, otherwise prepared or preserved (15)

2008 50 61

(Food)

 

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

(Food)

0806 20

 

Turkey (TR)

Ochratoxin A

5

Lemons (Citrus limon, Citrus limonum)

(Food — fresh, chilled or dried)

0805 50 10

 

Turkey (TR)

Pesticide residues (2)

10

Pomegranates

(Food — fresh or chilled)

ex 0810 90 75

30

Turkey (TR)

Pesticide residues (2)  (17)

10

Sweet Peppers (Capsicum annuum)

(Food — fresh, chilled or frozen)

0709 60 10 ;

0710 80 51

 

Turkey (TR)

Pesticide residues (2)  (18)

10

Vine leaves

(Food)

ex 2008 99 99

11 ; 19

Turkey (TR)

Pesticide residues (2)  (19)

50

Sesamum seeds

(Food — fresh or chilled)

1207 40 90

 

Uganda (UG)

Salmonella (13)

50

Pistachios, in shell

0802 51 00

 

United States (US)

Aflatoxins

10

Pistachios, shelled

0802 52 00

 

Pistachios, roasted

(Food)

ex 2008 19 13 ;

20

ex 2008 19 93

20

Dried apricots

0813 10 00

 

Uzbekistan (UZ)

Sulphites (16)

50

Apricots, otherwise prepared or preserved (15)

2008 50 61

(Food)

 

Coriander leaves

ex 0709 99 90

72

Vietnam (VN)

Pesticide residues (2)  (20)

50

Basil (holy, sweet)

ex 1211 90 86

20

Mint

ex 1211 90 86

30

Parsley

ex 0709 99 90

40

(Food — fresh or chilled herbs)

 

 

Okra

(Food — fresh, chilled or frozen)

ex 0709 99 90

20

Vietnam (VN)

Pesticide residues (2)  (20)

50

ex 0710 80 95

30

Peppers (other than sweet) (Capsicum spp.)

(Food — fresh, chilled or frozen)

ex 0709 60 99 ;

20

Vietnam (VN)

Pesticide residues (2)  (20)

50

ex 0710 80 59

20

Pitahaya (dragon fruit)

(Food — fresh or chilled)

ex 0810 90 20

10

Vietnam (VN)

Pesticide residues (2)  (20)

10


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

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

(3)  Residues of Ethephon.

(4)  Residues of Amitraz.

(5)  Residues of Tolfenpyrad.

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

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

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

(9)  Residues of Diafenthiuron.

(10)  Residues of Carbofuran.

(11)  Residues of Phenthoate.

(12)  Residues of Chlorbufam.

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

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

(15)  Identity and physical checks may be carried out by the competent authority of the place of destination as indicated in the CED, if appropriate at the premises of the feed and food business operator in accordance with Article 9(2) of this Regulation.

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

(17)  Residues of Prochloraz.

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

(19)  Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and Metrafenone.

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


ANNEX II

In Annex I to Implementing Regulation (EU) No 885/2014, the following entry concerning okra from India is deleted:

‘Okra

(Food — fresh and frozen)

ex 0709 99 90

20

India (IN)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (2)

20


(2)  Certification by the country of origin and control at import by the Member States to ensure compliance with Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1), in particular residues of: Acephate, Methamidophos, Triazophos, Endosulfan, Monocrotophos, Methomyl, Thiodicarb, Diafenthiuron, Thiamethoxam, Fipronil, Oxamyl, Acetamiprid, Indoxacarb, Mandipropamid.’


DECISIONS

3.7.2018   

EN

Official Journal of the European Union

L 166/17


COUNCIL DECISION (CFSP) 2018/942

of 29 June 2018

amending Decision 2013/354/CFSP on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 42(4) and Article 43(2) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 3 July 2013, the Council adopted Decision 2013/354/CFSP (1), which continued EUPOL COPPS as from 1 July 2013.

(2)

On 4 July 2017, the Council adopted Decision (CFSP) 2017/1194 (2) amending Decision 2013/354/CFSP and extending it from 1 July 2017 until 30 June 2018.

(3)

Following the Strategic Review of EUPOL COPPS, the Mission should be extended for a further period of 12 months, until 30 June 2019.

(4)

Decision 2013/354/CFSP should therefore be amended accordingly.

(5)

EUPOL COPPS will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2013/354/CFSP is amended as follows:

(1)

in Article 12(1), the following subparagraph is added:

‘The financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period from 1 July 2018 until 30 June 2019 shall be EUR 12 666 633.’;

(2)

in Article 15, the third paragraph is replaced by the following:

‘It shall expire on 30 June 2019.’.

Article 2

This Decision shall enter into force on the date of its adoption.

It shall apply from 1 July 2018.

Done at Brussels, 29 June 2018.

For the Council

The President

E. ZAHARIEVA


(1)  Council Decision 2013/354/CFSP of 3 July 2013 on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) (OJ L 185, 4.7.2013, p. 12).

(2)  Council Decision (CFSP) 2017/1194 of 4 July 2017 amending Decision 2013/354/CFSP on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) (OJ L 172, 5.7.2017, p. 13).


3.7.2018   

EN

Official Journal of the European Union

L 166/19


COUNCIL DECISION (CFSP) 2018/943

of 29 June 2018

amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 42(4) and Article 43(2) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 25 November 2005, the Council adopted Joint Action 2005/889/CFSP (1) establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah).

(2)

On 4 July 2017, the Council adopted Decision (CFSP) 2017/1193 (2) amending Joint Action 2005/889/CFSP and extending it until 30 June 2018.

(3)

Following the Strategic Review of EU BAM Rafah, the Mission should be extended for a further period of 12 months, until 30 June 2019.

(4)

Joint Action 2005/889/CFSP should therefore be amended accordingly.

(5)

EU BAM Rafah will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

HAS ADOPTED THIS DECISION:

Article 1

Joint Action 2005/889/CFSP is amended as follows:

(1)

in Article 13(1), the following subparagraph is added:

‘The financial reference amount intended to cover the expenditure related to EU BAM Rafah for the period from 1 July 2018 to 30 June 2019 shall be EUR 2 040 000.’;

(2)

in Article 16, the second paragraph is replaced by the following:

‘It shall expire on 30 June 2019.’.

Article 2

This Decision shall enter into force on the date of its adoption.

It shall apply from 1 July 2018.

Done at Brussels, 29 June 2018.

For the Council

The President

E. ZAHARIEVA


(1)  Council Joint Action 2005/889/CFSP of 25 November 2005 on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (OJ L 327, 14.12.2005, p. 28).

(2)  Council Decision (CFSP) 2017/1193 of 4 July 2017 amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (OJ L 172, 5.7.2017, p. 12).


ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

3.7.2018   

EN

Official Journal of the European Union

L 166/20


DECISION No 1/2018 OF THE COMMUNITY/SWITZERLAND INLAND TRANSPORT COMMITTEE

of 12 June 2018

amending Annex 1 to the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and road [2018/944]

THE COMMITTEE,

Having regard to the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and road (hereinafter ‘the Agreement’), and in particular Article 52(4) thereof,

Whereas:

(1)

The first indent of Article 52(4) of the Agreement provides for the Joint Committee to adopt decisions revising Annex 1. This Annex was last amended by Decision 2/2016 of the Joint Committee of 10 June 2016 (1).

(2)

New legal acts of the European Union have been adopted in areas covered by the Agreement since it was last amended. Consequently, Annex 1 should be adapted to include these relevant new legal acts. For the sake of legal clarity and simplification, it is preferable to replace Annex 1 to the Agreement by the Annex to this Decision,

HAS DECIDED AS FOLLOWS:

Article 1

Annex 1 to the Agreement is replaced by the text of the Annex to this Decision.

Article 2

This Decision shall enter into force on 1 July 2018.

Done at Berne, 12 June 2018.

For the Swiss Confederation

The President

Peter FÜGLISTALER

For the European Union

The Head of the European Union Delegation

Elisabeth WERNER


(1)  OJ L 186, 9.7.2016, p. 38.


ANNEX

ANNEX 1

APPLICABLE PROVISIONS

In accordance with Article 52(6) of this Agreement, Switzerland shall apply legal provisions equivalent to the following:

RELEVANT PROVISIONS OF UNION LAW

SECTION 1 – ADMISSION TO THE OCCUPATION

Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road (OJ L 33, 4.2.2006, p. 82).

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51), as last amended by Council Regulation (EU) No 517/2013 of 13 May 2013 (OJ L 158, 10.6.2013, p. 1).

Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72), as last amended by Council Regulation (EU) No 517/2013 of 13 May 2013 (OJ L 158, 10.6.2013, p. 1).

For the purposes of this Agreement,

(a)

the European Union and the Swiss Confederation shall exempt from the obligation to hold a driver attestation all citizens of the Swiss Confederation, of a EU Member State and of a Member State of the European Economic Area;

(b)

the Swiss Confederation may not exempt citizens of States other than those mentioned in point (a) from the obligation to hold a driver attestation without prior consultation with and approval by the European Union;

(c)

the provisions of Chapter III to Regulation (EC) No 1072/2009 (on cabotage) shall not apply.

Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88), as last amended by Council Regulation (EU) No 517/2013 of 13 May 2013 (OJ L 158, 10.6.2013, p. 1).

For the purposes of this Agreement, the provisions of Chapter V to Regulation (EC) No 1073/2009 (on cabotage) shall not apply.

Commission Decision 2009/992/EU of 17 December 2009 on minimum requirements for the data to be entered in the national electronic register of road transport undertakings (OJ L 339, 22.12.2009, p. 36).

Commission Regulation (EU) No 1213/2010 of 16 December 2010 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings (OJ L 335, 18.12.2010, p. 21).

Commission Regulation (EU) No 361/2014 of 9 April 2014 laying down detailed rules for the application of Regulation (EC) No 1073/2009 as regards documents for the international carriage of passengers by coach and bus and repealing Commission Regulation (EC) No 2121/98 (OJ L 107, 10.4.2014, p. 39).

Commission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator, and amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council (OJ L 74, 19.3.2016, p. 8).

SECTION 2 – SOCIAL STANDARDS

Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ L 370, 31.12.1985, p. 8), as last amended by Commission Regulation (EU) No 1161/2014 of 30 October 2014 (OJ L 311, 31.10.2014, p. 19).

Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).

Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (OJ L 226, 10.9.2003, p. 4).

Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1), as amended by Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 (OJ L 300, 14.11.2009, p. 88).

Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35), as last amended by Regulation (EU) 2016/403 of 18 March 2016 (OJ L 74, 19.3.2016, p. 8).

Commission Regulation (EU) No 581/2010 of 1 July 2010 on the maximum periods for the downloading of relevant data from vehicle units and from driver cards (OJ L 168, 2.7.2010, p. 16).

Commission Implementing Decision (EU) 2017/1013 of 30 March 2017 drawing up the standard reporting form referred to in Article 17 of Regulation (EC) No 561/2006 of the European Parliament and of the Council (OJ L 153, 16.6.2017, p. 28).

SECTION 3 – TECHNICAL STANDARDS

Motorised vehicles

Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (OJ L 42, 23.2.1970, p. 16), as last amended by Commission Directive 2007/34/EC of 14 June 2007 (OJ L 155, 15.6.2007, p. 49).

Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (OJ L 36, 9.2.1988, p. 33), as last amended by Commission Directive 2001/27/EC of 10 April 2001 (OJ L 107, 18.4.2001, p. 10).

Council Directive 91/671/EEC of 16 December 1991 relating to the compulsory use of safety belts and child-restraint systems in vehicles (OJ L 373, 31.12.1991, p. 26), as last amended by Commission Implementing Directive 2014/37/EU of 27 February 2014 (OJ L 59, 28.2.2014, p. 32).

Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (OJ L 57, 2.3.1992, p. 27), as amended by Directive 2002/85/EC of the European Parliament and of the Council of 5 November 2002 (OJ L 327, 4.12.2002, p. 8).

Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59), as amended by Directive 2002/7/EC of the European Parliament and of the Council of 18 February 2002 (OJ L 67, 9.3.2002, p. 47).

Council Regulation (EC) No 2411/98 of 3 November 1998 on the recognition in intra-Community traffic of the distinguishing sign of the Member State in which motor vehicles and their trailers are registered (OJ L 299, 10.11.1998, p. 1).

Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community (OJ L 203, 10.8.2000, p. 1), as last amended by Commission Directive 2010/47/EU of 5 July 2010 (OJ L 173, 8.7.2010, p. 33).

Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (OJ L 275, 20.10.2005, p. 1), as last amended by Commission Directive 2008/74/EC of 18 July 2008 (OJ L 192, 19.7.2008, p. 51).

Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1), as last amended by Commission Regulation (EU) No 133/2014 of 31 January 2014 (OJ L 47, 18.2.2014, p. 1).

Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, p. 1).

Commission Regulation (EU) No 582/2011 of 25 May 2011 implementing and amending Regulation (EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy duty vehicles (Euro VI) and amending Annexes I and III to Directive 2007/46/EC of the European Parliament and of the Council (OJ L 167, 25.6.2011, p. 1), as last amended by Commission Regulation (EU) No 627/2014 of 12 June 2014 (OJ L 174, 13.6.2014, p. 28).

Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).

Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC (OJ L 158, 27.5.2014, p. 131).

Transportation of dangerous goods

Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road (OJ L 249, 17.10.1995, p. 35), as last amended by Council Directive 2008/54/EC of the European Parliament and of the Council of 17 June 2008 (OJ L 162, 21.6.2008, p. 11).

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13), as last amended by Commission Directive (EU) 2018/217 of 31 January 2018 (OJ L 42, 15.2.2018, p. 52).

For the purposes of this Agreement the following derogations to Directive 2008/68/EC shall apply in Switzerland:

1.   Road transport

Derogations for Switzerland under Article 6(2)(a) of Directive 2008/68/EC of 24 September 2008 on the inland transport of dangerous goods

RO - a - CH - 1

Subject: Transport of diesel fuel and heating oil with UN number 1202 in tank containers.

Reference to Annex I, Section I.1, to this Directive: 1.1.3.6 and 6.8.

Content of the Annex to the Directive: Exemptions related to the quantities transported per transport unit; regulations concerning the construction of tanks.

Content of the national legislation: Tank containers which are not constructed according to point 6.8 but according to national legislation, which have a capacity of less than or equal to 1 210 l and which are used to transport heating oil or diesel fuel with UN number 1202 may benefit from the exemptions in point 1.1.3.6 ADR.

Initial reference to the national legislation: Appendix 1, points 1.1.3.6.3(b) and 6.14 of the Ordinance on the carriage of dangerous goods by road (SDR; RS 741.621).

Date of expiration: 1 January 2023.

RO - a - CH - 2

Subject: Exemption from the requirement to carry a transport document for certain quantities of dangerous goods as defined in point 1.1.3.6.

Reference to Annex I, Section I.1, to this Directive: 1.1.3.6 and 5.4.1.

Content of the Annex to the Directive: Requirement to have a transport document.

Content of the national legislation: The transport of uncleaned empty containers belonging to Transport Category 4 and filled or empty gas cylinders for breathing apparatuses for use by emergency services or as diving equipment, in quantities not exceeding the limits set in point 1.1.3.6, is not subject to the obligation to carry the transport document provided for in point 5.4.1.

Initial reference to the national legislation: Appendix 1, point 1.1.3.6.3(c) of the Ordinance on the carriage of dangerous goods by road (SDR; RS 741.621).

Date of expiration: 1 January 2023.

RO - a - CH - 3

Subject: Transport of uncleaned empty tanks by companies servicing storage facilities for liquids hazardous to water.

Reference to Annex I, Section I.1, to this Directive: 6.5, 6.8, 8.2 and 9.

Content of the Annex to the Directive: Construction, equipping and inspection of tanks and vehicles; driver training.

Content of the national legislation: Vehicles and uncleaned empty tanks/containers used by companies servicing storage facilities for liquids hazardous to water to contain liquids while stationary tanks are being serviced are not subject to the construction, equipping and inspection regulations or to the labelling and orange-plate identification regulations stipulated by the ADR. They are subject to particular labelling and identification regulations, and the driver of the vehicle is not obliged to have undertaken the training described in point 8.2.

Initial reference to the national legislation: Appendix 1, point 1.1.3.6.3.10 of the Ordinance on the carriage of dangerous goods by road (SDR; RS 741.621).

Date of expiration: 1 January 2023.

Derogations for Switzerland under Article 6(2)(b)(i) of Directive 2008/68/EC of 24 September 2008 on the inland transport of dangerous goods

RO - bi - CH - 1

Subject: Transport of domestic waste containing dangerous goods to waste disposal installations.

Reference to Annex I, Section I.1, to this Directive: 2, 4.1.10, 5.2 and 5.4.

Content of the Annex to the Directive: Classification, combined packaging, marking and labelling, documentation.

Content of the national legislation: The rules include provisions relating to the simplified classification of domestic waste containing (domestic) dangerous goods by an expert recognised by the competent authority, to the use of appropriate receptacles and to driver training. Domestic waste which cannot be classified by the expert may be transported to a treatment centre in small quantities identified by package and by transport unit.

Initial reference to the national legislation: Appendix 1, point 1.1.3.7, of the Ordinance on the carriage of dangerous goods by road (SDR; RS 741.621).

Comments: These rules may only be applied to the transport of domestic waste containing dangerous goods between public treatment sites and waste disposal installations.

Date of expiration: 1 January 2023.

RO - bi - CH - 2

Subject: Return transport of fireworks.

Reference to Annex I, Section I.1, to this Directive: 2.1.2 and 5.4.

Content of the Annex to the Directive: Classification and documentation.

Content of the national legislation: With the aim of facilitating the return transport of fireworks with UN numbers 0335, 0336 and 0337 from retailers to suppliers, exemptions regarding the indication of the net mass and product classification in the transport document are provided for.

Initial reference to the national legislation: Appendix 1, point 1.1.3.8, of the Ordinance on the carriage of dangerous goods by road (SDR; RS 741.621).

Comments: Detailed checking of the exact contents of each item of unsold product in each package is impossible in practice for products intended for retail trade.

Date of expiration: 1 January 2023.

RO - bi - CH - 3

Subject: ADR training certificate for journeys undertaken with the purpose of transporting vehicles which have broken down, journeys related to repairs, journeys made to the examination of tank vehicles/tanks, and journeys with tank vehicles made by experts responsible for the examination of the vehicle in question.

Reference to Annex I, Section I.1, to this Directive: 8.2.1.

Content of the Annex to the Directive: Drivers of vehicles must attend training courses.

Content of the national legislation: ADR training and certificates are not required for journeys undertaken with the purpose of transporting vehicles that have broken down or test drives related to repairs, journeys with tank vehicles made to the examination of the tank vehicle or its tank, and journeys made by experts responsible for the examination of tank vehicles.

Initial reference to the national legislation: Instructions of 30 September 2008 of the Federal Department of Environment, Transport, Energy and Communication (DETEC) on the carriage of dangerous goods by road.

Comments: In some cases, vehicles which have broken down or are undergoing repairs and tank vehicles being prepared for technical inspection or being checked at the time of the inspection still contain dangerous goods.

The requirements in points 1.3 and 8.2.3 are still applicable.

Date of expiration: 1 January 2023.

2.   Railway transport

Derogations for Switzerland under Article 6(2)(a) of Directive 2008/68/EC of 24 September 2008 on the inland transport of dangerous goods

RA - a - CH - 1

Subject: Transport of diesel fuel and heating oil with UN number 1202 in tank containers.

Reference to Annex II, Section II.1, to this Directive: 6.8.

Content of the Annex to the Directive: Regulations concerning the construction of tanks.

Content of the national legislation: Tank containers which are not constructed according to point 6.8 but according to national legislation, which have a capacity of less than or equal to 1 210 l and which are used to transport heating oil or diesel fuel with UN number 1202 are authorised.

Initial reference to the national legislation: Annex to the DETEC Ordinance of 3 December 1996 relating to the transport of dangerous goods by rail and cableway installation (RSD, RS 742.401.6) and Appendix 1, Chapter 6.14, of the Ordinance relating to the carriage of dangerous goods by road (SDR, RS 741.621).

Date of expiration: 1 January 2023.

RA - a - CH - 2

Subject: Transport document.

Reference to Annex II, Section II.1, to this Directive: 5.4.1.1.1.

Content of the Annex to the Directive: General information required in the transport document.

Content of the national legislation: Use of a collective term in the transport document and an annexed list containing the information prescribed as stipulated above.

Initial reference to the national legislation: Annex to the DETEC Ordinance of 3 December 1996 relating to the transport of dangerous goods by rail and cableway installation (RSD, RS 742.401.6).

Date of expiration: 1 January 2023.

Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC (OJ L 165, 30.6.2010, p. 1).

SECTION 4 – ACCESS AND TRANSIT RIGHTS WITH REGARD TO RAILWAYS

Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways (OJ L 237, 24.8.1991, p. 25).

Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings (OJ L 143, 27.6.1995, p. 70).

Council Directive 95/19/EC of 19 June 1995 on the allocation of railway infrastructure capacity and the charging of infrastructure fees (OJ L 143, 27.6.1995, p. 75).

Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (OJ L 164, 30.4.2004, p. 44), as last amended by Commission Directive 2014/88/EU of 9 July 2014 (OJ L 201, 10.7.2014, p. 9).

Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community (OJ L 315, 3.12.2007, p. 51), as last amended by Commission Directive (EU) 2016/882 of 1 June 2016 (OJ L 146, 3.6.2016, p. 22).

Commission Regulation (EC) No 653/2007 of 13 June 2007 on the use of a common European format for safety certificates and application documents in accordance with Article 10 of Directive 2004/49/EC of the European Parliament and of the Council and on the validity of safety certificates delivered under Directive 2001/14/EC (OJ L 153, 14.6.2007, p. 9), as amended by Commission Regulation (EU) No 445/2011 of 10 May 2011 (OJ L 122, 11.5.2011, p. 22).

Commission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC (OJ L 305, 23.11.2007, p. 30), as amended by Commission Decision 2011/107/EU of 10 February 2011 (OJ L 43, 17.2.2011, p. 33).

Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (OJ L 191, 18.7.2008, p. 1), as last amended by Commission Directive 2014/38/EU of 10 March 2014 (OJ L 70, 11.3.2014, p. 20).

Commission Decision 2009/965/EC of 30 November 2009 on the reference document referred to in Article 27(4) of Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community (OJ L 341, 22.12.2009, p. 1), as amended by Commission Implementing Decision (EU) 2015/2299 of 17 November 2015 (OJ L 324, 10.12.2015, p. 15).

Commission Regulation (EU) No 36/2010 of 3 December 2009 on Community models for train driving licences, complementary certificates, certified copies of complementary certificates and application forms for train driving licences, under Directive 2007/59/EC of the European Parliament and the Council (OJ L 13, 19.1.2010, p. 1).

Commission Decision 2010/713/EU of 9 November 2010 on modules for the procedures for assessment of conformity, suitability for use and EC verification to be used in the technical specifications for interoperability adopted under Directive 2008/57/EC of the European Parliament and of the Council (OJ L 319, 4.12.2010, p. 1).

Commission Regulation (EU) No 1158/2010 of 9 December 2010 on a common safety method for assessing conformity with the requirements for obtaining railway safety certificates (OJ L 326, 10.12.2010, p. 11).

Commission Regulation (EU) No 1169/2010 of 10 December 2010 on a common safety method for assessing conformity with the requirements for obtaining a railway safety authorisation (OJ L 327, 11.12.2010, p. 13).

Commission Regulation (EU) No 201/2011 of 1 March 2011 on the model of declaration of conformity to an authorised type of railway vehicle (OJ L 57, 2.3.2011, p. 8).

Commission Decision 2011/275/EU of 26 April 2011 concerning a technical specification for interoperability relating to the “infrastructure” subsystem of the trans-European conventional rail system (OJ L 126, 14.5.2011, p. 53), as amended by Commission Decision 2012/464/EU of 23 July 2012 (OJ L 217, 14.8.2012, p. 20).

Commission Regulation (EU) No 445/2011 of 10 May 2011 on a system of certification of entities in charge of maintenance for freight wagons and amending Regulation (EC) No 653/2007 (OJ L 122, 11.5.2011, p. 22).

Commission Regulation (EU) No 454/2011 of 5 May 2011 on the technical specification for interoperability relating to the subsystem “telematics applications for passenger services” of the trans-European rail system (OJ L 123, 12.5.2011, p. 11), as last amended by Commission Regulation (EU) 2015/302 of 25 February 2015 (OJ L 55, 26.2.2015, p. 2).

Commission Implementing Decision 2011/665/EU of 4 October 2011 on the European register of authorized types of railway vehicles (OJ L 264, 8.10.2011, p. 32).

Commission Decision 2011/765/EU of 22 November 2011 on criteria for the recognition of training centres involved in the training of train drivers, on criteria for the recognition of examiners of train drivers and on criteria for the organisation of examinations in accordance with Directive 2007/59/EC of the European Parliament and of the Council (OJ L 314, 29.11.2011, p. 36).

Commission Decision 2012/88/EU of 25 January 2012 on the technical specification for interoperability relating to the control-command and signalling subsystems of the trans-European rail system (OJ L 51, 23.2.2012, p. 1), as last amended by Commission Decision (EU) 2015/14 of 5 January 2015 (OJ L 3, 7.1.2015, p. 44).

Commission Decision 2012/757/EU of 14 November 2012 concerning the technical specification for interoperability relating to the “operation and traffic management” subsystem of the rail system in the European Union and amending Decision 2007/756/EC (OJ L 345, 15.12.2012, p. 1), as amended by Commission Decision 2013/710/EU of 2 December 2013 (OJ L 323, 4.12.2013, p. 35).

Commission Regulation (EU) No 1077/2012 of 16 November 2012 on a common safety method for supervision by national safety authorities after issuing a safety certificate or safety authorisation (OJ L 320, 17.11.2012, p. 3).

Commission Regulation (EU) No 1078/2012 of 16 November 2012 on a common safety method for monitoring to be applied by railway undertakings, infrastructure managers after receiving a safety certificate or safety authorisation and by entities in charge of maintenance (OJ L 320, 17.11.2012, p. 8).

Commission Regulation (EU) No 321/2013 of 13 March 2013 concerning the technical specification for interoperability relating to the subsystem “rolling stock – freight wagons” of the rail system in the European Union and repealing Decision 2006/861/EC (OJ L 104, 12.4.2013, p. 1), as amended by Commission Regulation (EU) No 1236/2013 of 2 December 2013 (OJ L 322, 3.12.2013, p. 23).

Commission Implementing Regulation (EU) No 402/2013 of 30 April 2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009 (OJ L 121, 3.5.2013, p. 8), as amended by Commission Implementing Regulation (EU) 2015/1136 of 13 July 2015 (OJ L 185, 14.7.2015, p. 6).

Commission Implementing Decision 2014/880/EU of 26 November 2014 on the common specifications of the register of railway infrastructure and repealing Implementing Decision 2011/633/EU (OJ L 356, 12.12.2014, p. 489).

Commission Regulation (EU) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility (OJ L 356, 12.12.2014, p. 110).

Commission Regulation (EU) No 1301/2014 of 18 November 2014 on the technical specifications for interoperability relating to the “energy” subsystem of the rail system in the Union (OJ L 356, 12.12.2014, p. 179).

Commission Regulation (EU) No 1302/2014 of 18 November 2014 concerning a technical specification for interoperability relating to the “rolling stock — locomotives and passenger rolling stock” subsystem of the rail system in the European Union (OJ L 356, 12.12.2014, p. 228).

Commission Regulation (EU) No 1303/2014 of 18 November 2014 concerning the technical specification for interoperability relating to “safety in railway tunnels” of the rail system of the European Union (OJ L 356, 12.12.2014, p. 394).

Commission Regulation (EU) No 1304/2014 of 26 November 2014 on the technical specification for interoperability relating to the subsystem “rolling stock — noise” amending Decision 2008/232/EC and repealing Decision 2011/229/EU (OJ L 356, 12.12.2014, p. 421).

Commission Regulation (EU) No 1305/2014 of 11 December 2014 on the technical specification for interoperability relating to the telematics applications for freight subsystem of the rail system in the European Union and repealing the Regulation (EC) No 62/2006 (OJ L 356, 12.12.2014, p. 438).

Commission Implementing Regulation (EU) 2015/171 of 4 February 2015 on certain aspects of the procedure of licensing railway undertakings (OJ L 29, 5.2.2015, p. 3).

Commission Implementing Regulation (EU) 2015/909 of 12 June 2015 on the modalities for the calculation of the cost that is directly incurred as a result of operating the train service (OJ L 148, 13.6.2015, p. 17).

SECTION 5 – OTHER FIELDS

Council Directive 92/82/EEC of 19 October 1992 on the approximation of the rates of excise duties on mineral oils (OJ L 316, 31.10.1992, p. 19).

Directive 2004/54/EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the Trans-European Road Network (OJ L 167, 30.4.2004, p. 39).

Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management (OJ L 319, 29.11.2008, p. 59).


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