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Document L:2018:268:FULL

Official Journal of the European Union, L 268, 26 October 2018


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ISSN 1977-0677

Official Journal

of the European Union

L 268

European flag  

English edition

Legislation

Volume 61
26 October 2018


Contents

 

II   Non-legislative acts

page

 

 

INTERNATIONAL AGREEMENTS

 

*

Council Decision (EU) 2018/1603 of 18 September 2018 on the conclusion on behalf of the Union of the Cooperation Agreement between the European Union and the Agency for Aerial Navigation Safety in Africa and Madagascar (ASECNA) on the development of satellite navigation and the provision of associated services in ASECNA's area of competence for the benefit of civil aviation

1

 

 

Cooperation Agreement between the European Union and the Agency for Aerial Navigation Safety in Africa and Madagascar (ASECNA) on the development of satellite navigation and the provision of associated services in ASECNA's area of competence for the benefit of civil aviation

3

 

 

REGULATIONS

 

*

Council Implementing Regulation (EU) 2018/1604 of 25 October 2018 implementing Regulation (EU) No 1284/2009 imposing certain specific restrictive measures in respect of the Republic of Guinea

16

 

*

Council Implementing Regulation (EU) 2018/1605 of 25 October 2018 implementing Regulation (EU) 2015/1755 concerning restrictive measures in view of the situation in Burundi

18

 

*

Council Implementing Regulation (EU) 2018/1606 of 25 October 2018 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea

20

 

*

Commission Implementing Regulation (EU) 2018/1607 of 24 October 2018 amending Council Regulation (EC) No 992/95 as regards Union tariff quotas for certain agricultural, processed agricultural and fishery products originating in Norway

22

 

 

Commission Implementing Regulation (EU) 2018/1608 of 24 October 2018 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

42

 

 

DECISIONS

 

*

Council Decision (EU) 2018/1609 of 28 September 2018 on the position to be taken on behalf of the European Union within the United Nations Economic Commission for Europe (UNECE) Working Party on Customs Questions affecting Transport and within the UNECE Inland Transport Committee concerning the adoption of the Convention on the facilitation of border crossing procedures for passengers, luggage and load-luggage carried in international traffic by rail

44

 

*

Council Decision (CFSP) 2018/1610 of 25 October 2018 amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova

46

 

*

Council Decision (CFSP) 2018/1611 of 25 October 2018 amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea

47

 

*

Council Decision (CFSP) 2018/1612 of 25 October 2018 amending Decision (CFSP) 2015/1763 concerning restrictive measures in view of the situation in Burundi

49

 

*

Council Implementing Decision (CFSP) 2018/1613 of 25 October 2018 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea

51

 

*

Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC ( 1 )

53

 

 

Corrigenda

 

*

Corrigendum to Council Implementing Regulation (EU) 2018/1285 of 24 September 2018 implementing Article 21(5) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya ( OJ L 240, 25.9.2018 )

92

 

*

Corrigendum to Council Implementing Decision (CFSP) 2018/1290 of 24 September 2018 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya ( OJ L 240, 25.9.2018 )

92

 


 

(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

INTERNATIONAL AGREEMENTS

26.10.2018   

EN

Official Journal of the European Union

L 268/1


COUNCIL DECISION (EU) 2018/1603

of 18 September 2018

on the conclusion on behalf of the Union of the Cooperation Agreement between the European Union and the Agency for Aerial Navigation Safety in Africa and Madagascar (ASECNA) on the development of satellite navigation and the provision of associated services in ASECNA's area of competence for the benefit of civil aviation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172, in conjunction with point (a) of the second subparagraph of Article 218(6) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament (1),

Whereas:

(1)

In accordance with Council Decision (EU) 2016/2234 (2), the Cooperation Agreement between the European Union and the Agency for Aerial Navigation Safety in Africa and Madagascar (ASECNA) on the development of satellite navigation and the provision of associated services in ASECNA's area of competence for the benefit of civil aviation (hereinafter referred to as the ‘Agreement’) was signed on 5 December 2016, subject to its conclusion at a later date.

(2)

The Union strategy aiming, on the basis of European satellite navigation programmes, on the one hand, to develop the use of this technology and provide associated services in ASECNA's area of competence, particularly by creating an autonomous satellite-based augmentation service (SBAS) for the benefit of ASECNA, and, on the other hand, and more generally to promote the use of satellite navigation on the African continent, is pursued actively under this Agreement.

(3)

The Agreement should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Cooperation Agreement between the European Union and the Agency for Aerial Navigation Safety in Africa and Madagascar (ASECNA) on the development of satellite navigation and the provision of associated services in ASECNA's area of competence for the benefit of civil aviation is approved on behalf of the Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council shall designate the person(s) empowered to deposit, on behalf of the Union, the instrument of approval (3).

Article 3

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

Done at Brussels, 18 September 2018.

For the Council

The President

G. BLÜMEL


(1)  Consent of 3 July 2018 (not yet published in the Official Journal).

(2)  Council Decision (EU) 2016/2234 of 21 November 2016 on the signing, on behalf of the Union, of the Cooperation Agreement between the European Union and the Agency for Aerial Navigation Safety in Africa and Madagascar (Asecna) on the development of satellite navigation and the provision of associated services in Asecna's area of competence for the benefit of civil aviation (OJ L 337, 13.12.2016, p. 1).

(3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


26.10.2018   

EN

Official Journal of the European Union

L 268/3


TRANSLATION

COOPERATION AGREEMENT

between the European Union and the Agency for Aerial Navigation Safety in Africa and Madagascar (ASECNA) on the development of satellite navigation and the provision of associated services in ASECNA's area of competence for the benefit of civil aviation

The EUROPEAN UNION,

hereafter referred to as the ‘Union’,

of the one hand,

and

the AGENCY FOR AERIAL NAVIGATION SAFETY IN AFRICA AND MADAGASCAR,

hereafter referred to as ‘ASECNA’,

of the other hand,

hereafter jointly referred to as ‘the parties’,

WHEREAS there is increasing development in applications of global satellite navigation systems in the Union, in Africa and other regions of the world, particularly in the civil aviation sector,

WHEREAS ASECNA is mainly tasked with the provision of aerial navigation services in the airspaces coming within its remit, organisation of these spaces, publication of aeronautic information, and forecasting and transmission of information in the field of aeronautic meteorology,

RECOGNISING the importance of the Union's satellite navigation programmes, Galileo and European Geostationary Navigation Overlay Service (EGNOS), which are specifically designed for civil uses, the benefits accruing from implementing them and the interest that ASECNA has in satellite navigation services,

RECOGNISING that the EGNOS system, the regional infrastructure centred on Europe which controls and corrects the open signals emitted by world satellite navigation systems, offering greater precision and an integrity function, provides services which are particularly suitable for the needs of civil aviation,

WHEREAS services based on the EGNOS system technology may be technically extended to the entire African continent in so far as there would be synergies between the ground infrastructure under the responsibility of the parties and the EGNOS system transponders are installed on satellites in geostationary orbit over Africa,

WHEREAS the resolution of the ‘Space’ Council of the Union, entitled ‘Global challenges: taking full benefit of European space systems’, adopted on 25 November 2010, invites the European Commission to work with the African Union Commission to build capacity in this area and determine how a similar infrastructure to EGNOS could be implemented in Africa,

WHEREAS the Communication of the European Commission of 26 April 2007 on European space policy attaches particular importance to cooperation between Europe and Africa in space and the Communication from the Commission of 4 April 2011 entitled ‘Towards a space strategy for the European Union that benefits its citizens’ underlines the Union's will to place its expertise and its infrastructures at the service of Africa and to strengthen cooperation with that continent,

WHEREAS Resolution No 2005 CM 44-11 of 7 July 2005 of the Committee of Ministers of ASECNA on the implementation of satellite navigation systems (GNSS) at ASECNA requests support from European bodies so that it can benefit from the deployment of EGNOS or Galileo for the Agency's operational needs,

WHEREAS Resolution No 2011 CA 120-18 of 7 July 2011 of the Council of Administration of ASECNA on effective participation of the Agency in deploying EGNOS/Galileo in the African and Indian Ocean region authorises the Director-General to make representations to the appropriate European bodies to this end,

WHEREAS in the course of implementing that resolution, ASECNA developed an SBAS-ASECNA programme to provide SBAS services based on the EGNOS system technology within the Agency's area of competence,

WHEREAS long-term cooperation between the Union and ASECNA on satellite navigation forms part of the general strategic partnership between the Union and Africa, since the roadmap adopted at the fourth EU-Africa summit in Brussels on 2-3 April 2014 in order to define the cooperation between the two continents for the period 2014-2017 provides for allocation of sustainable and sufficient human and financial resources to deploy satellite navigation infrastructures based on EGNOS and to put in place governance and financing systems to cover the outlay on investment and operational expenditure for EGNOS in Africa for the countries involved,

WHEREAS, in the course of implementing this strategic partnership between the Union and Africa, ASECNA and the Union are already cooperating under the programme supporting the air transport and satellite services sector in Africa financed by the tenth European Development Fund and the pan-African programme for support of EGNOS in Africa funded by the Development Cooperation Instrument, namely by setting up an EGNOS-Africa Joint Programme Office (JPO).

WHEREAS there is a joint interest in long-term cooperation between the Union and ASECNA on developing satellite navigation for the benefit of civil aviation and they wish to establish such cooperation formally,

WHEREAS a very high level of protection needs to be ensured for satellite navigation services on the territory covered by the parties,

WHEREAS the Union has set up its own agencies to assist in certain specific domains, particularly the European GNSS Agency for European satellite navigation programmes and the European Aviation Safety Agency, and there was a delegation agreement between the Union and the European GNSS Agency for the deployment of the EGNOS system for the period 2014-2021,

RECOGNISING that Regulation (EU) No 1285/2013 of the European Parliament and of the Council of 11 December 2013 on the implementation and exploitation of European satellite navigation systems (1) provides that the Union is the owner of all tangible and intangible assets created or developed under the Galileo and EGNOS programmes, that the Union may enter into agreements with third countries and international organisations under these programmes and that the cost of any extension of the coverage of the EGNOS system outside Europe would not be covered by budgetary resources allocated under this Regulation,

WHEREAS Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 establishes the European GNSS Agency (2),

RECOGNISING the interest in coordinating approaches to standardisation and certification, and to all satellite navigation system and service issues within international standardisation and certification bodies, particularly in order to promote extended and novel use of the Galileo, EGNOS and SBAS-ASECNA services as a world standard for navigation and synchronisation in the civil aviation sector,

HAVE AGREED AS FOLLOWS:

PART I

GENERAL PROVISIONS

Article 1

Aims

1.   The aims of this Agreement are to develop satellite navigation and to provide associated services in ASECNA's area of competence for the benefit of civil aviation by enabling it to benefit from European satellite navigation programmes.

This Agreement forms part of the arrangements for promoting services based on European satellite navigation programmes on the African continent.

2.   The form and the conditions of the cooperation between the parties to achieve the aims set out in paragraph 1 are laid down by this Agreement.

Article 2

Definitions

For the purposes of this Agreement:

(1)

‘GNSS’ or ‘global navigation satellite system’ means an infrastructure made up of a constellation of satellites and a network of centres and stations on the ground which use the radio signals emitted to provide a very precise time measurement and positioning service over the entire surface of the world for users with a suitable receiver;

(2)

‘European satellite navigation systems’ means the global satellite navigation system produced by the Galileo programme and the EGNOS system which are the property of the Union;

(3)

‘ASECNA's area of competence’ is the geographical area in which ASECNA provides aerial navigation services, whether this is its Member States' airspace or not;

(4)

‘European Geostationary Navigation Overlay Service’ or ‘EGNOS’ means a regional satellite navigation system infrastructure which controls and corrects open signals emitted by global satellite navigation systems, mainly GPS and Galileo, enabling users of these world systems to obtain best performance in terms of precision and integrity. EGNOS comprises ground stations and several transponders installed on geostationary satellites. The ground stations are made up of an engineering centre, mission control centres, RIMS stations, NLES stations, a service centre and an EDAS server. The regional coverage of EGNOS is mainly the territory of the Member States of the European Union located geographically in Europe;

(5)

‘SBAS-ASECNA’ means the ASECNA satellite navigation system which controls and corrects open signals emitted by the world satellite navigation systems, mainly GPS and Galileo, enabling users of the world systems to obtain best performance in terms of precision and integrity. SBAS-ASECNA is the property of ASECNA. It comprises a ground infrastructure and several transponders installed on geostationary satellites. The ground infrastructure is made up mainly of RIMS stations, one or two mission control centres and NLES stations. The coverage of SBAS-ASECNA is mainly ASECNA's area of competence. The SBAS-ASECNA system covers both the initial version of the system and all the subsequent developments, including the double-frequency and multi-constellation developments. Putting this system in place mainly comprises the phases of definition and design, development and deployment and approval and certification. This is followed by the exploitation phase;

(6)

‘EGNOS coverage area’ or ‘SBAS-ASECNA coverage area’ means the area in which it is possible to receive the signals emitted by the system in question (for example the geostationary satellites' footprint);

(7)

‘SBAS-ASECNA service area’ means the area within the SBAS-ASECNA coverage area in which the SBAS-ASECNA system provides a service which complies with the requirements defined by ASECNA and laid down by the ICAO Standards and Recommended Practices (SARPs) and is responsible for the corresponding approved operations;

(8)

‘EGNOS SoL service area’ means the area within the EGNOS coverage area in which the EGNOS system provides a service which complies with the ICAO Standards and Recommended Practices (SARPs) and is responsible for the corresponding approved operations;

(9)

‘RIMS stations’ means the stations belonging to the EGNOS or SBAS-ASECNA systems which are intended to collect in real time the positioning data from the signals emitted by world satellite navigation systems;

(10)

‘NLES stations’ means the stations belonging to the EGNOS or SBAS-ASECNA systems which send to the transponders installed on the geostationary satellites the corrected data enabling recipients of the GNSS signals in the coverage area of one or other of the two systems to make suitable corrections to their positioning;

(11)

‘Galileo’ means an independent European civil satellite navigation and synchronisation system with world coverage under civilian control and designed to provide GNSS services designed and developed by the Union, the European Space Agency and the respective Member States. Exploitation of Galileo may be entrusted to a private entity. Galileo is intended to offer an open service, a commercial service, a regulated public service and a search and rescue service and to contribute to services of integrity control for users of safety of life applications;

(12)

‘interoperability’ means the capability of two or more satellite navigation systems and the services that they provide to be used together to offer users better capacities than those which would be obtained using only one system;

(13)

‘intellectual property’ means the concept defined in point (viii) of Article 2 of the Convention establishing the World Intellectual Property Organisation, signed in Stockholm on 14 July 1967;

(14)

‘classified information’ means information, in whatever form, which requires protection against unauthorised disclosure which might harm, to varying degrees, essential interests, including national security, of the parties or of a Member State. The classification is indicated by a classification marking. Such information is classified by the parties in accordance with the applicable laws and regulations and must be protected against any loss of confidentiality, integrity and availability.

Article 3

Cooperation principles

The parties shall conduct the cooperation activities governed by this Agreement in compliance with the following principles:

1.

mutual advantage based on an overall balance between rights and obligations, including contributions and access to all services;

2.

reciprocal opportunities to take part in cooperation activities in the Union's and ASECNA's satellite navigation programmes;

3.

timely exchange of all relevant information for implementing this Agreement;

4.

appropriate and effective protection of intellectual property rights.

Article 4

Union agencies

The Union may entrust the European GNSS Agency or the European Aviation Safety Agency with execution of all or some of the tasks provided for in this Agreement. In that case it remains responsible vis-à-vis ASECNA for correct and complete discharge of its obligations under this Agreement.

Article 5

Relations with third parties

The Union shall facilitate and support any initiative for cooperation or partnership between ASECNA and other entities involved in the European satellite navigation programmes, EGNOS and Galileo, particularly the European Space Agency, on the condition that these initiatives are likely to promote the development of and provision by ASECNA of satellite navigation services based on these two programmes.

PART II

PROVISIONS ON COOPERATION

Article 6

Cooperation activities

1.   The cooperation activities provided for in this Agreement mainly involve those geared to setting up and operating the SBAS-ASECNA system, based on the EGNOS system technology. They also cover the use in Africa of the system produced by the Galileo programme, the radio spectrum, standards, certification and international organisations, safety, research and development, human resources, communication and awareness-raising, exchanges of personnel and promotion on the African continent of satellite navigation services.

The parties have the option of amending this list of activities in accordance with Article 34 of this Agreement.

2.   This Agreement is without prejudice to the Union's institutional independence with regard to regulating European satellite navigation programmes or the structure established by the Union for implementing these programmes. The Agreement is also without prejudice to regulatory measures that implement non-proliferation obligations, control of exports and control of intangible transfers of technology. It is also without prejudice to measures affecting national security.

3.   This Agreement is also without prejudice to ASECNA's institutional independence.

4.   Subject to their respective rules, the parties shall promote as far as possible the cooperation activities conducted under this Agreement.

SUB-PART I

Article 7

Setting up and operation of the SBAS-ASECNA system

1.   The Union shall assist ASECNA in setting up and implementing the SBAS-ASECNA system. In addition to the specific provisions in Articles 8 to 16, it undertakes in general to facilitate the setting up and implementation of the SBAS-ASECNA system, particularly by making any relevant information available to ASECNA free of charge, advising ASECNA on managing the programme and on the technical and organisational plans, and contributing to evaluating and monitoring the SBAS-ASECNA programme.

2.   Where interconnections are established between the EGNOS and SBAS-ASECNA systems, each party is responsible for modifying its own system and shall bear the associated investment and implementation costs. Each party shall forward to the other the information required and shall cooperate in modifying the system belonging to the other party. A process of commitment to and monitoring of performance which establishes respective obligations shall be put in place.

Article 8

Definition and design of the SBAS-ASECNA system

The Union shall assist ASECNA in defining and designing the SBAS-ASECNA system, particularly as regards the system architecture, the ground infrastructure location sites and the operating design. The studies undertaken to that effect will specify the interconnections between the SBAS-ASECNA and EGNOS systems.

Article 9

Development and deployment of the RIMS stations

The Union shall assist ASECNA in developing and deploying the SBAS-ASECNA system RIMS stations, particularly with regard to equipment, operating procedures, operator qualification and validation of the ground infrastructure location sites by, amongst other things, setting up and verifying safety requirements.

In order to optimise the performance and the service areas of the EGNOS and SBAS-ASECNA systems, the parties shall coordinate installation of their respective RIMS stations, especially those situated in adjoining areas covered by both systems, so that the stations are distributed evenly and can operate in synergy on the basis of the exchange of data generated by these RIMS stations, whilst complying with the safety and security requirements stipulated by the rules applicable to each party.

Article 10

Development and deployment of control centres

The Union shall assist ASECNA in developing and deploying the SBAS-ASECNA system control centres, particularly with regard to equipment, operating procedures, operator qualification and validation of the ground infrastructure location sites by, amongst other things, setting up and verifying safety requirements.

Article 11

Development and deployment of the NLES stations and transponders

The Union shall assist ASECNA in the development and deployment of the data dissemination services based on the transponders of the SBAS-ASECNA system installed on the geostationary satellites and associated terrestrial data transmission stations. It will also assist ASECNA in the procedures and activities necessary to obtain the PRN codes which are indispensable for operating the SBAS-ASECNA system.

Article 12

Approval and certification of the SBAS-ASECNA system

The Union shall assist ASECNA, at its request, in:

certification of the SBAS-ASECNA system,

approval of the safety of the SBAS-ASECNA system, including the ground infrastructure location sites,

certification of the services provided by the SBAS-ASECNA system.

The Union may also assist ASECNA, at its request, in developing the methodology and processes geared to:

approval, before it is issued as an Aeronautical Information Publication, of the SBAS-ASECNA system-linked procedures for take-off, flight and landing of the aircraft,

certification of equipment on board aircraft and intended for the reception and treatment of satellite navigation signals and approval of aircraft operators and teams.

Article 13

Operation of the SBAS-ASECNA system

1.   The Union shall assist ASECNA in operating the SBAS-ASECNA system.

With regard to the preparations for launching operations, it shall assist ASECNA mainly in:

putting in place the governance scheme for provision of services,

adaptation to the SBAS-ASECNA system of the operational procedures and training documentation for the EGNOS system,

implementing an integrated management system for the provision of services, mainly covering security, safety and environmental issues,

analysis and implementation of subcontracting schemes,

training of operators,

declaration of services.

The Union shall also assist ASECNA in resolving operating problems encountered subsequent to the declaration of services, especially by making available procedures and instruments for analysing performance, support for training, and on-site presence of personnel during an initial period.

The Union shall also provide support to ASECNA for taking developments of the system into service during operation.

2.   The parties shall provide mutual assistance to encourage users to adopt the services provided by the EGNOS and SBAS-ASECNA systems and to promote corresponding development of the markets.

Article 14

Service areas

The parties shall consult each other on the definitions of the EGNOS SoL service area and the SBAS-ASECNA service area to avoid any problems in operation, especially with regard to interoperability and responsibility. The parties shall strive to identify joint solutions in that regard.

In the event of the EGNOS SoL service area covering part of the area under ASECNA's responsibility and in the event of the SBAS-ASECNA service area covering part of the territory of the Member States of the European Union, a process for commitment to and monitoring of performance, establishing respective obligations, shall be put in place.

In the event of the EGNOS SoL service area and the SBAS-ASECNA service area covering a territory located outside the territory of the Member States of the European Union and the ASECNA's area of responsibility — or overlapping with a system other than EGNOS and SBAS-ASECNA — the parties shall inform each other and shall coordinate their representations to the authorities of the territory or territories in question to ensure that joint solutions can be found to the problems posed, particularly with regard to interoperability and responsibility.

Article 15

Public procurement

1.   The Union shall assist ASECNA, at its request, in preparing the documents for calls for tender and in analysing bids in the course of awarding contracts for the setting up and operation of the SBAS-ASECNA system.

2.   Without prejudice to Article XXIII of the Agreement on Government Procurement concluded under the auspices of the World Trade Organisation (Article III of the revised Agreement), public bodies and enterprises in Member States of the European Union are entitled to participate in tenders on the setting up and operation of the SBAS-ASECNA system, unless a conflict of interest exists.

3.   Acquisitions for the setting up and operation of the EGNOS and SBAS-ASECNA systems may be covered by joint Union and ASECNA public procurement depending on the interests of each of the parties, particularly with regard to ground stations and transponders.

Article 16

Intellectual property rights

1.   Each party shall make available to the other party free of charge all intellectual property rights on the work or inventions of which it is the owner and which are of use in setting up and operating the EGNOS and SBAS-ASECNA systems. This Agreement is equivalent to a licence to use those rights.

If one of the parties creates or generates new intellectual property rights based on the intellectual property rights made available by the other party, the latter shall become the holder of the new intellectual property rights thus created or generated and shall provide free of charge a licence to use these new rights to the party which created or generated them. However, the party that is the holder of these new rights may not grant a licence to a third party without the explicit agreement of the other party.

The conditions for using the licence in the first and second subparagraphs are laid down in paragraphs 2 and 3.

2.   The licence for use mentioned in the first subparagraph of paragraph 1 is personal, non-exclusive and non-transmissible, without prejudice to the provisions of the second subparagraph of the paragraph 1. Depending on the case, it comprises the right to use, have used, modify, reproduce and manufacture, for the sole purpose of setting up and operating the EGNOS and SBAS-ASECNA systems.

One party may not make available to a third party nor market in any manner the intellectual property rights made available to it by the other party in compliance with the first subparagraph of paragraph 1 without the express consent of that other party unless it does so as part of a public procurement procedure or contracts awarded by one or other of the parties for the setting up and operation of the EGNOS system, the system produced by the Galileo programme and the SBAS-ASECNA system.

3.   Each party shall keep up to date a register of intellectual property rights that it makes available to the other party pursuant to the first subparagraph of paragraph 1. It shall provide the other party with a copy. For every intellectual property right made available, the register shall specify:

the subject of the right, such as an invention, software, database, etc.,

the nature of the right, such as copyright, patent, etc.,

the right of use granted, such as the right to reproduce, adapt, manufacture etc.,

the territory for which the right is made available,

the duration for which it is made available.

4.   Each party which grants the other party a licence for use pursuant to the first subparagraph of paragraph 1 may terminate that licence if it finds that the conditions for exercising it provided for in paragraphs 2 and 3 have not been complied with.

5.   The parties shall provide and ensure adequate and effective protection for intellectual property rights in the domains and sectors related to the setting up and operation of the EGNOS and SBAS-ASECNA systems in compliance with the highest ranking international standards laid down by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organisation, also by providing for effective means to ensure that these standards are complied with.

SUB-PART II

OTHER ACTIVITIES

Article 17

Galileo

1.   The parties shall cooperate in order to promote and utilise the system produced by the Galileo programme on the African continent, in particular by developing applications and usage of the services based on this system in the fields of timing, navigation, surveillance, and search and rescue, and by highlighting the benefits of the applications and the services based on this system.

2.   ASECNA shall abstain from any action or initiative which is likely to be prejudicial to the Union's interests with regard to intellectual property rights linked with the Galileo programme.

Article 18

Radio spectrum

1.   The parties shall cooperate with and assist each other in respect of radio frequency spectrum management by the International Telecommunication Union (hereinafter ‘ITU’), especially for the protection of frequency bands linked to satellite navigation services and aviation communications.

2.   The parties shall exchange information and assist each other with regard to the sharing and allocation of frequencies by the ITU. They shall encourage and protect allocations of frequencies for the EGNOS and SBAS-ASECNA systems, and for the system established under the Galileo programme, in order to assure the accessibility of services offered by these systems in the Union and in Africa.

3.   In order to protect the navigation radio spectrum against disruptions such as jamming, whether intentional or not, and ‘masking’, the parties shall strive to identify sources of disruption and seek mutually acceptable solutions.

4.   Nothing in this Agreement may be interpreted as a derogation from the relevant provisions of the ITU, particularly those governing radio communications.

Article 19

Standards, certification and international organisations

1.   The parties shall seek to adopt a joint approach to standardisation and to all the issues concerning satellite navigation systems handled by international organisations and associations, especially the International Civil Aviation Organisation, the Radio Technical Commission for Aeronautics and the European Organisation for Civil Aviation Equipment (EUROCAE), and associations or groups active in the field of standardisation.

2.   The parties shall jointly support the development of satellite navigation standards in international organisations, especially the ICAO standards and recommended practices (SARPs) and the RTCA and EUROCAE minimum operational performance specifications (MOPS). They shall assist each other in seeking recognition of Galileo, EGNOS and SBAS-ASECNA standards by these international organisations and strive to promote their application throughout the world, emphasising their interoperability with other satellite navigation systems.

Article 20

Security

In order to protect European satellite navigation systems and the SBAS-ASECNA system against threats or malicious action, such as intentional jamming and ‘masking’, the parties shall take all possible measures, particularly with regard to control and non-proliferation of the technologies, to ensure the continuity, security and safety of satellite navigation services and their infrastructure and essential associated assets without prejudice to Article 6(2).

Article 21

Research and development

The parties shall seek to conduct joint research and development activities on satellite navigation, especially with a view to developing and planning future technological advances in satellite navigation systems.

Each party shall encourage the other to participate in its research and development programmes.

The Union shall facilitate access by ASECNA to the funds available under its framework research and development programmes.

Article 22

Human resources

On the basis of its own experience, the Union shall provide ASECNA with all the information which is relevant for managing the human resources required for implementing the SBAS-ASECNA programme.

The Union shall assist ASECNA in developing the jobs and skills necessary for setting up and operating the SBAS-ASECNA system.

The Union shall support any cooperation and partnership initiative between ASECNA and the entities involved in reinforcing capacity in the fields relating to European satellite navigation programmes. It shall also facilitate access by ASECNA to funds available under European training programmes.

Joint training activities may be conducted to meet the needs for setting up and operating the EGNOS, SBAS-ASECNA and Galileo system and for preparing their technological development.

Article 23

Communication and awareness-raising

The parties shall seek to conduct joint communication and promotion activities for their respective satellite navigation programmes.

The Union shall assist ASECNA in defining and implementing communication strategies targeting both the entities affected by the setting up and operation of the SBAS-ASECNA system and the public at large.

Article 24

Exchanges of personnel

The parties shall exchange personnel in the course of the cooperation activities provided for by this Agreement.

Article 25

Promotion of satellite navigation on the African continent

The parties shall assist each other in promoting satellite navigation on the African continent and shall consult with each other whenever there is a need to agree on joint action to be taken on that front. In particular, they shall support initiatives likely to promote the adoption of satellite navigation by users and development of the markets associated with this technology.

PART III

FINANCIAL PROVISIONS

Article 26

Funding

1.   ASECNA shall finance the setting up and operation of the SBAS-ASECNA system from its own resources, aid or subsidies, especially those covered by paragraph 3, loans contracted with financial institutions or any other means of financing subject to the provisions of paragraph 2.

2.   Setting up and operation of the SBAS-ASECNA system may not under any circumstances be financed by budgetary contributions earmarked for European satellite navigation and covered by Chapter II of Regulation (EU) No 1285/2013 of the European Parliament and of the Council of 11 December 2013.

3.   For the setting up and operation of the SBAS-ASECNA system, the Union shall facilitate access by ASECNA to EU cooperation and development funds for which ASECNA is eligible, both for current and future programmes. The current programmes are the pan-African programme covered by Article 9 and Annex III to Regulation (EU) No 233/2014 of the European Parliament and of the Council of 11 March 2014 establishing a financing instrument for developing cooperation for the period 2014-2020, and those under the EU-Africa Trust Fund for Infrastructure provided for in the Communication from the Commission to the Council and the European Parliament of 13 July 2006 — Interconnecting Africa: the EU-Africa Partnership on Infrastructure COM(2006) 376 final.

PART IV

FINAL PROVISIONS

Article 27

Legal responsibility

1.   As ASECNA is not the owner of the European satellite navigation systems, it will not incur any liability linked to ownership of the systems.

As the Union is not the owner of the SBAS-ASECNA system, it will not incur any liability linked with ownership of that system.

2.   Neither of the parties may be held liable for damage resulting from the use by the other party of technologies covered by this Agreement, nor do they guarantee the sound functioning thereof.

Article 28

Exchange of classified information

The parties shall exchange classified information only if they have entered into an agreement to that effect. They shall seek to put in place a comprehensive and coherent legal framework enabling such an agreement to be concluded.

Article 29

Joint committee

1.   A joint committee, called the ‘GNSS EU/ASECNA Committee’ shall be set up. It shall be made up of representatives of the parties and is responsible for management and correct implementation of this Agreement. To that end, it shall take decisions in the cases covered by this Agreement, which shall be implemented by the parties in accordance with their own rules. The joint committee's decisions are taken by mutual agreement. The joint committee shall also draft recommendations on issues for which it has no authority to decide.

The joint committee shall define the conditions and arrangements that are not specified in this Agreement.

2.   The joint committee shall establish its rules of procedure, including, amongst other provisions, the arrangements for convening meetings, designating the chairperson, defining the latter's mandate and contacts between the parties.

3.   The joint committee shall meet as required. The Union or ASECNA may request that a meeting be convened. The joint committee shall meet within fifteen days of a request.

4.   The joint committee may decide to form any working group or group of experts which it deems suitable to assist it in accomplishing its tasks.

5.   The joint committee may decide to amend Annex I.

Article 30

Consultations

1.   For the purposes of correct performance of this Agreement, the parties shall regularly exchange information and, at the request of either one of them, shall meet in the joint committee.

2.   The parties shall consult each other rapidly, at the request of one of them, on any issue concerning the interpretation or implementation of this Agreement.

3.   The parties shall provide each other regularly with information and shall mutually raise awareness of the management and development of their own satellite navigation programmes. If one party envisages taking a decision which may affect the other party's satellite navigation system(s), the latter shall be consulted first in order for it to draft a non-binding opinion. If the requirements of confidentiality provided for by the rules applicable to the parties do not preclude it, each party shall allow a representative of the other party to participate, as an observer, in its working parties and management bodies and committees.

Article 31

Safeguard measures

1.   Either party may, after consultation in the joint committee, take any safeguard measures which are required, including suspension of one or more cooperation activities, if it considers that an equivalent level of control of exports or of safety is no longer ensured between the parties. If any delay runs the risk of compromising the sound functioning of the European satellite navigation systems or the SBAS-ASECNA system, provisional precautionary measures may be decreed without prior consultation, as long as consultations are undertaken immediately after the measures have been adopted.

2.   The scope and duration of the measures referred to in paragraph 1 shall be confined to what is necessary to control a situation and ensure that there is a fair balance between the rights and obligations under this Agreement. The other party may request the joint committee to initiate consultations on the proportionality of these measures. If it is impossible to settle this dispute in six months, it may be submitted to a binding arbitration body by one of the parties, in keeping with the procedure provided for in Annex I. No question of interpretation of the provisions of this Agreement which are identical to corresponding provisions of Union law may be settled in this context.

Article 32

Settlement of disputes

Without prejudice to Article 31, disputes concerning interpretation or implementation of this Agreement shall be settled by joint committee consultations.

If a dispute is not settled within three months following the date of referral to the joint committee, the arbitration procedure provided for in Annex I is used.

Article 33

Annexes

The annexes to this Agreement are an integral part of it.

Article 34

Amendments

This Agreement may be amended and extended at any moment by a signed amendment between the parties following the respective internal procedures.

Article 35

Termination

1.   The Union or ASECNA may terminate this Agreement by notifying its decision to the other party. The Agreement shall cease to be applicable six months after receipt of that notification.

2.   Termination of this Agreement is without prejudice to the validity or duration of any substantive provisions agreed in the course of its performance. Nor is it prejudicial to specific rights and obligations established with regard to intellectual property in the Agreement, and a party which has granted the other party a licence for use shall retain, after termination of the Agreement, the right to terminate it if it finds that the conditions for exercising the licence are not complied with.

3.   If this Agreement is terminated, the joint committee shall make a proposal for the parties to settle any question in abeyance which has financial consequences, taking account, where necessary, of the principle of pro rata temporis.

Article 36

Entry into force

1.   This Agreement is approved by the parties in accordance with their internal procedures. It shall enter into force on the first day of the first month following the date of signature by the party which was the last to complete this formality.

2.   This Agreement, drawn up in duplicate in the French language only, is concluded for an indefinite period.

For the European Union

For ASECNA


(1)  OJ L 347, 20.12.2013, p. 1.

(2)  OJ L 276, 20.10.2010, p. 11.


ANNEX I

ARBITRATION PROCEDURE

If a dispute is referred to arbitration, three arbitrators shall be designated unless the parties decide otherwise.

Each party shall designate an arbitrator within thirty days of a disagreement being noted in the joint committee.

The two arbitrators so appointed shall, by common agreement, nominate an umpire who shall not be a national of the parties. If they cannot agree within two months of their appointment, the umpire shall be chosen by them from seven persons on a list established by the joint committee. The joint committee shall draw up and update this list in accordance with its rules of procedure.

Unless the parties decide otherwise, the arbitration tribunal shall adopt its rules of procedure. It shall take its decisions by majority vote.


REGULATIONS

26.10.2018   

EN

Official Journal of the European Union

L 268/16


COUNCIL IMPLEMENTING REGULATION (EU) 2018/1604

of 25 October 2018

implementing Regulation (EU) No 1284/2009 imposing certain specific restrictive measures in respect of the Republic of Guinea

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 1284/2009 of 22 December 2009 imposing certain specific restrictive measures in respect of the Republic of Guinea (1), and in particular Article 15a(4) thereof,

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

Whereas:

(1)

On 22 December 2009, the Council adopted Regulation (EU) No 1284/2009.

(2)

The information concerning the military rank of two of the persons listed in Annex II to Regulation (EU) No 1284/2009 should be updated.

(3)

Regulation (EU) No 1284/2009 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EU) No 1284/2009 is replaced by the text set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 25 October 2018.

For the Council

The President

J. BOGNER-STRAUSS


(1)  OJ L 346, 23.12.2009, p. 26.


ANNEX

ANNEX II

LIST OF NATURAL AND LEGAL PERSONS, ENTITIES OR BODIES REFERRED TO IN ARTICLE 6(3)

 

Name

(and possible aliases)

Identifying information

Reasons

1.

Captain Moussa Dadis CAMARA

d.o.b.: 1.1.64 or 29.12.68

Pass: R0001318

Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea

2.

Colonel Moussa Tiégboro CAMARA

d.o.b.: 1.1.68

Pass: 7190

Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea

3.

Colonel Dr. Abdoulaye Chérif DIABY

d.o.b.: 26.2.57

Pass: 13683

Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea

4.

Lieutenant Aboubacar Chérif (alias Toumba) DIAKITÉ

 

Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea

5.

Colonel Jean-Claude PIVI (alias Coplan)

d.o.b.: 1.1.60

Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea


26.10.2018   

EN

Official Journal of the European Union

L 268/18


COUNCIL IMPLEMENTING REGULATION (EU) 2018/1605

of 25 October 2018

implementing Regulation (EU) 2015/1755 concerning restrictive measures in view of the situation in Burundi

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EU) 2015/1755 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi, and in particular Article 13(4) thereof (1),

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

Whereas:

(1)

On 1 October 2015, the Council adopted Regulation (EU) 2015/1755 concerning restrictive measures in view of the situation in Burundi.

(2)

Additional identifying information concerning one natural person is available.

(3)

Annex I to Regulation (EU) 2015/1755 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EU) 2015/1755 is amended as set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 25 October 2018.

For the Council

The President

J. BOGNER-STRAUSS


(1)  OJ L 257, 2.10.2015, p. 1.


ANNEX

In Annex I to Regulation (EU) 2015/1755, entry 3 under the heading ‘List of natural and legal persons, entities and bodies referred to in Article 2’ is replaced by the following:

 

Name

Identifying Information

Grounds for designation

‘3.

Mathias/Joseph NIYONZIMA

alias KAZUNGU

DOB: 6.3.1956; 2.1.1967

POB: Kanyosha Commune, Mubimbi, Bujumbura-Rural Province, Burundi

Registration number (SNR): O/00064

Burundian nationality.

Passport number: OP0053090

Officer of the National Intelligence Service. Responsible for obstructing the search for a political solution in Burundi by inciting violence and acts of repression during the demonstrations that started on 26 April 2015 following the announcement of the presidential candidacy of President Nkurunziza. Responsible for helping to train, coordinate and arm the Imbonerakure paramilitary militias, including outside Burundi, who are responsible for acts of violence, repression and serious human rights abuses in Burundi.’


26.10.2018   

EN

Official Journal of the European Union

L 268/20


COUNCIL IMPLEMENTING REGULATION (EU) 2018/1606

of 25 October 2018

implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007 (1), and in particular Article 47(1) thereof,

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

Whereas:

(1)

On 30 August 2017, the Council adopted Regulation (EU) 2017/1509.

(2)

On 16 October 2018, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 1718 (2006) designated three vessels for a port entry ban and for deflagging.

(3)

Annex XIV to Regulation (EU) 2017/1509 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex XIV to Regulation (EU) 2017/1509 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, 25 October 2018.

For the Council

The President

J. BOGNER-STRAUSS


(1)  OJ L 224, 31.8.2017, p. 1.


ANNEX

1)   

In Annex XIV to Regulation (EU) 2017/1509, under the heading ‘B. Vessels which are prohibited entry into ports’, the following vessels are added to the list of vessels:

 

Vessel name

IMO number

Date of UN designation

‘34.

SHANG YUAN BAO

The merchant vessel M/V SHANG YUAN BAO engaged in a ship-to-ship transfer, likely for oil, with UN-designated DPRK vessel M/V PAEK MA on May 18, 2018. The SHANG YUAN BAO also engaged in a ship-to-ship transfer, likely for oil, with the DPRK vessel MYONG RYU 1 on June 2, 2018.

8126070

16.10.2018

35.

NEW REGENT

The M/V NEW REGENT engaged in a ship-to-ship transfer, likely for oil, with DPRK oil tanker KUM UN SAN 3 on June 7, 2018.

8312497

16.10.2018

36.

KUM UN SAN 3

The DPRK oil tanker KUM UN SAN 3 engaged in a ship-to-ship transfer, likely for oil, with the M/V NEW REGENT on June 7, 2018.

8705539

16.10.2018’


26.10.2018   

EN

Official Journal of the European Union

L 268/22


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1607

of 24 October 2018

amending Council Regulation (EC) No 992/95 as regards Union tariff quotas for certain agricultural, processed agricultural and fishery products originating in Norway

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 992/95 of 10 April 1995 opening and providing for the administration of Community tariff quotas for certain agricultural and fishery products originating in Norway (1), and in particular Article 5(1)(a) and (b) thereof,

Whereas:

(1)

In 2018, an agreement was concluded in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products (2) (‘the 2018 Agreement’). It was approved on behalf of the Union by Council Decision (EU) 2018/760 (3).

(2)

Annex IV to the 2018 Agreement provides for new duty-free tariff quotas for release for free circulation in the Union of certain agricultural and processed agricultural products originating in Norway, as well as for the increase in the volume of the tariff quota for CN code 2005 20 20 set out in Regulation (EC) No 992/95. It is necessary to amend Regulation (EC) No 992/95 to implement those provisions.

(3)

Regulation (EC) No 992/95 and Commission Implementing Regulation (EU) No 1354/2011 (4) set out tariff quotas for products originating in Norway falling within headings 0210 and 0204, respectively. Annex IV to the 2018 Agreement provides for the consolidation of those tariff quotas into a single tariff quota. Therefore, it is necessary to amend Regulation (EC) No 992/95 in order to implement the consolidation under a new tariff quota and to provide for the transition to the new tariff quota. Additionally, the tariff quota corresponding to heading 0210 should be deleted from Regulation (EC) No 992/95. The simultaneous deletion of the tariff quotas corresponding to heading 0204 from Implementing Regulation (EU) No 1354/2011 is provided for in Commission Implementing Regulation (EU) 2018/1232 (5).

(4)

Regulation (EC) No 992/95 provides for the administration of tariff quotas which concern either products of CN Chapters 3, 15 and 16 related to fish or other agricultural products of CN Chapters 2, 6, 7, 8, 16, 20 and 23. Its Article 1(3) provides that the rules of origin applicable are those set out in Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, as amended by Decision of the EU-Norway Joint Committee No 1/2016 (6).

(5)

However, the 2018 Agreement sets out that in order to benefit from the concessions referred to in its Annex IV, products should comply with the rules of origin set out in Annex IV to the Agreement in the form of an Exchange of Letters of 2 May 1992 between the European Economic Community and the Kingdom of Norway concerning certain arrangements in agriculture (7) (‘the 1992 Agreement’). Additionally, it provides that regarding the concept of sufficient working to confer the status of originating products, Annex II to Protocol 4 to the Agreement on the European Economic Area is to be applied instead of the Appendix to Annex IV to the 1992 Agreement (8) (9).

(6)

The tariff quotas set out in Regulation (EC) No 992/95 that concern products other than the products of CN Chapters 3, 15 and 16 are provided for either in the 1992 Agreement, or in the Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning additional trade preferences in agricultural products undertaken on the basis of Article 19 of the Agreement on the European Economic Area (10), or in the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products reached on the basis of Article 19 of the Agreement on the European Economic Area (11). All of those Agreements provide for the rules of origin set out in Annex IV to the 1992 Agreement to apply to the tariff quotas they concern. Regulation (EC) No 992/95 should therefore be amended to take account of the applicability of the rules of origin set out in Annex IV to the 1992 Agreement.

(7)

In order to take account of a large number of minor amendments to the Combined Nomenclature codes laid down in Council Regulation (EEC) No 2658/87 (12) and of the TARIC subdivisions, it is appropriate to replace the Annex to Regulation (EC) No 992/95. For reasons of clarity, the tariff quotas set out in Regulation (EC) No 992/95 should be divided into two separate Annexes according to the rules of origin set out in the agreements providing for the respective tariff quotas for fishery products and for agricultural products.

(8)

The tariff quotas set out in Annex IV to the 2018 Agreement are expressed as annual quantities; imports should therefore be managed on a calendar-year basis. However, as the 2018 Agreement only enters into force on 1 October 2018, the additional quantities for 2018 that are calculated pro rata, as well as the annual quantities for the following years, should be laid down in accordance with Annex IV to the 2018 Agreement.

(9)

The tariff quotas should be managed by the Commission on the basis of the chronological order of dates of acceptance of customs declarations for release for free circulation in accordance with the rules for the management of tariff quotas laid down in Commission Implementing Regulation (EU) 2015/2447 (13).

(10)

Regulation (EC) No 992/95 should therefore be amended accordingly.

(11)

The 2018 Agreement enters into force on 1 October 2018. This Regulation should therefore apply from the same date.

(12)

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 992/95 is amended as follows:

(1)

Article 1(3) is replaced by the following:

‘3.   Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, as amended by Decision of the EU-Norway Joint Committee No 1/2016 (*1), shall apply to the tariff quotas set out in Annex I to this Regulation.

3a.   The rules of origin laid down in Annex IV to the Agreement in the form of an Exchange of Letters of 2 May 1992 between the European Economic Community and the Kingdom of Norway concerning certain arrangements in agriculture (*2) (‘the 1992 Agreement’) shall apply to the tariff quotas set out in Annex II to this Regulation.

However, Annex II to Protocol 4 to the Agreement on the European Economic Area (*3), as that Protocol was amended by Decision of the EEA Joint Committee No 71/2015 (*4), shall apply to those tariff quotas instead of the Appendix to the 1992 Agreement.

(*1)  Decision of the EU-Norway Joint Committee No 1/2016 of 8 February 2016 amending Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (OJ L 72, 17.3.2016, p. 63)."

(*2)  OJ L 109, 1.5.1993, p. 47,"

(*3)  OJ L 1, 3.1.1994, p. 3,"

(*4)  Decision of the EEA Joint Committee No 71/2015 of 20 March 2015 amending Protocol 4 (rules of origin) to the EEA Agreement [2016/754] (OJ L 129, 19.5.2016, p. 56).’;"

(2)

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

Article 2

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

It shall apply from 1 October 2018.

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

Done at Brussels, 24 October 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 101, 4.5.1995, p. 1.

(2)  OJ L 129, 25.5.2018, p. 3.

(3)  Council Decision (EU) 2018/760 of 14 May 2018 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products (OJ L 129, 25.5.2018, p. 1).

(4)  Commission Implementing Regulation (EU) No 1354/2011 of 20 December 2011 opening annual Union tariff quotas for sheep, goats, sheepmeat and goatmeat (OJ L 338, 21.12.2011, p. 36).

(5)  Commission Implementing Regulation (EU) 2018/1232 of 11 September 2018 amending Implementing Regulation (EU) No 1354/2011 as regards Union tariff quotas for sheepmeat and goatmeat originating in Norway and in New Zealand (OJ L 231, 14.9.2018, p. 13).

(6)  Decision of the EU-Norway Joint Committee No 1/2016 of 8 February 2016 amending Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (OJ L 72, 17.3.2016, p. 63).

(7)  OJ L 109, 1.5.1993, p. 47.

(8)  OJ L 1, 3.1.1994, p. 3.

(9)  Decision of the EEA Joint Committee No 71/2015 of 20 March 2015 amending Protocol 4 (rules of origin) to the EEA Agreement [2016/754] (OJ L 129, 19.5.2016, p. 56).

(10)  OJ L 156, 25.6.2003, p. 49.

(11)  OJ L 327, 9.12.2011, p. 2.

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

(13)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 58).


ANNEX

ANNEX I

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes as they exist at the time of adoption of this Regulation. Where ex CN codes are indicated, the preferential scheme is to be determined by the application of the CN code and the corresponding description taken together.

Order No

CN code

TARIC subdivision

Description of products

Quota period

Quota volume (in tonnes net weight unless otherwise specified)

Quota duty (%)

09.0701

ex

1504 20 10

90

Oils and fats and their fractions of marine animals, other than whale oil and sperm oil, in packings of a net capacity of more than 1 kg

From 1.1 to 31.12

1 000

8,5

ex

1504 30 10

99

09.0702

 

0303 19 00

 

Other frozen Salmonidae, excluding fish fillets and other fish meat of heading 0304 and excluding livers and roes

From 1.9.2016 to 30.4.2017

2 000

0

ex

0303 99 00

35

From 1.5.2017 to 30.4.2018

3 000

From 1.5.2018 to 30.4.2019

3 000

From 1.5.2019 to 30.4.2020

3 000

From 1.5.2020 to 30.4.2021

3 000

09.0703

ex

0305 51 90

10

20

Dried, salted but not smoked cod, excluding cod of the species Gadus macrocephalus

From 1.4 to 31.12

13 250

0

ex

0305 53 10

90

Dried, salted but not smoked fish of the species Boreogadus saida

09.0710

 

0303 51 00

 

Herrings (Clupea harengus, Clupea pallasii), frozen, excluding fish fillets and other fish meat of heading 0304 and excluding livers and roes (1)

From 1.9.2016 to 30.4.2017

26 500

0

ex

0303 99 00

75

From 1.5.2017 to 30.4.2018

39 750

From 1.5.2018 to 30.4.2019

39 750

From 1.5.2019 to 30.4.2020

39 750

From 1.5.2020 to 30.4.2021

39 750

09.0711

 

 

 

Prepared or preserved fish:

From 1.1 to 31.12

400

3

ex

1604 13 90

91

92

99

Sardinella, brisling or sprats, excluding raw fillets merely coated with batter or breadcrumbs, whether or not pre-fried in oil, deep-frozen

 

1604 17 00

 

Eels

 

1604 18 00

 

Shark fins

 

1604 19 92

 

Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)

ex

1604 19 93

90

Coalfish (Pollachius virens), excluding smoked coalfish

 

1604 19 94

 

Hake (Merluccius spp., Urophycis spp.)

 

1604 19 95

 

Alaska pollock (Theragra chalcogramma) and pollack (Pollachius pollachius)

 

1604 19 97

 

Other

ex

1604 20 90

30

35

50

60

90

Other prepared or preserved fish, excluding herring, mackerel and preserved smoked coalfish

ex

1604 20 90

40

Prepared or preserved mackerel (Scomber australasicus)

10

09.0712

 

0303 54 10

 

Mackerel of the species Scomber scombrus or Scomber japonicus, frozen, excluding fish fillets and other fish meat of heading 0304 and excluding livers and roes

From 1.9.2016 to 30.4.2017

25 000

0

ex

0303 99 00

40

From 1.5.2017 to 30.4.2018

37 500

From 1.5.2018 to 30.4.2019

37 500

From 1.5.2019 to 30.4.2020

37 500

From 1.5.2020 to 30.4.2021

37 500

09.0713

 

 

 

Frozen, excluding fish fillets and other fish meat of heading 0304 and excluding livers and roes:

From 1.9.2016 to 30.4.2017

2 200

0

 

0303 55 30

 

Chilean jack mackerel (Trachurus murphyi)

From 1.5.2017 to 30.4.2018

3 300

ex

0303 55 90

90

Other fish of Trachurus spp., excluding Trachurus trachurus, Trachurus murphyi and horse mackerel (scad) (Caranx trachurus)

From 1.5.2018 to 30.4.2019

3 300

 

0303 56 00

 

Cobia (Rachycentron canadum)

From 1.5.2019 to 30.4.2020

3 300

 

0303 59 90

0303 69 90

0303 89 90

 

Other fish

From 1.5.2020 to 30.4.2021

3 300

 

0303 82 00

 

Rays and skates (Rajidae)

 

0303 89 55

 

Gilt-head sea bream (Sparus aurata)

ex

0303 99 00

85

09.0714

 

0304 86 00

 

Fillets of herring (Clupea harengus, Clupea pallasii), frozen

From 1.9.2016 to 30.4.2017

55 600

0

ex

0304 99 23

10

20

30

Flaps of herring (Clupea harengus, Clupea pallasii) (butterflies), frozen (2)

From 1.5.2017 to 30.4.2018

83 400

From 1.5.2018 to 30.4.2019

83 400

From 1.5.2019 to 30.4.2020

83 400

From 1.5.2020 to 30.4.2021

83 400

09.0715

 

0302 11

 

Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), fresh or chilled, excluding fish fillets and other fish meat of heading 0304 and excluding livers and roes

From 1.1 to 31.12

500

0

ex

0302 99 00

11

19

 

0303 14

 

Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), frozen, excluding fish fillets and other fish meat of heading 0304 and excluding livers and roes

ex

0303 99 00

30

09.0716

 

0302 13 00

0302 14 00

 

Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), fresh or chilled, excluding fish fillets and other fish meat of heading 0304 and excluding livers and roes

From 1.1 to 31.12

6 100

0

ex

0302 99 00

30

40

09.0717

 

 

 

Frozen, excluding fish fillets and other fish meat of heading 0304 and excluding livers and roes:

From 1.1 to 31.12

580

0

 

0303 11 00

 

Sockeye salmon (red salmon) (Oncorhynchus nerka)

ex

0303 99 00

10

 

0303 12 00

 

Other Pacific salmon (Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus)

ex

0303 99 00

15

ex

ex

0303 13 00

0303 99 00

10

20

Atlantic salmon (Salmo salar)

09.0718

 

0304 41 00

0304 81 00

 

Fresh, chilled or frozen fillets of Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho)

From 1.1 to 31.12

610

0

09.0719

 

0302 19 00

 

Other Salmonidae, fresh or chilled, excluding livers and roes

From 1.1 to 31.12

670

0

ex

0302 99 00

45

 

0303 19 00

 

Other frozen Salmonidae, excluding livers and roes

09.0720

 

0302 59 40

 

Ling (Molva spp.), fresh or chilled, excluding livers and roes

From 1.1 to 31.12

370

0

09.0721

 

 

 

Fresh or chilled, excluding fish fillets and other fish meat of heading 0304 and excluding livers and roes:

From 1.1 to 31.12

250

0

 

0302 22 00

 

Plaice (Pleuronectes platessa)

ex

0302 99 00

79

 

0302 23 00

 

Sole (Solea spp.)

 

0302 24 00

 

Turbot (Psetta maxima)

 

0302 29

 

Megrim (Lepidorhombus spp.) and other flat fish

 

0302 45

 

Jack and horse mackerel (Trachurus spp.)

 

0302 46 00

 

Cobia (Rachycentron canadum)

 

0302 47 00

 

Swordfish (Xiphias gladius)

 

0302 49 90

 

Other

 

0302 54

 

Hake (Merluccius spp., Urophycis spp.)

ex

0302 99 00

60

ex

0302 56 00

20

Southern blue whiting (Micromesistius australis)

 

0302 59 90

 

Other fish of the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae

 

0302 82 00

 

Rays and skates (Rajidae)

 

0302 83 00

 

Toothfish (Dissostichus spp.)

 

0302 84

 

Sea bass (Dicentrarchus spp.)

 

0302 85 30

 

Gilt-head sea bream (Sparus aurata)

 

0302 85 90

 

Other sea bream (Sparidae) excluding of the species Dentex dentex or Pagellus spp

 

0302 89 50

 

Monkfish (Lophius spp.)

 

0302 89 60

 

Pink cusk-eel (Genypterus blacodes)

 

0302 89 90

 

Other fish

ex

0302 99 00

71

Pacific halibut (Hippoglossus stenolepis)

 

 

 

Frozen flat fish, excluding fish fillets and other fish meat of heading 0304 and excluding livers and roes:

 

0303 34 00

 

Turbot (Psetta maxima)

 

0303 39 10

 

Flounder (Platichtys flesus)

 

0303 39 30

 

Fish of the genus Rhombosolea

 

0303 39 85

 

Other flat fish, excluding halibut, plaice, sole, turbot, flounder, fish of the genus Rhombosolea and fish of the species Pelotreis flavilatus or Peltorhamphus novaezelandiae

09.0722

 

 

 

Frozen meat of:

From 1.1 to 31.12

500

0

 

0304 91 00

 

Swordfish (Xiphias gladius)

 

0304 94 90

 

Alaska pollock (Theragra chalcogramma), excluding surimi

 

0304 95 21

0304 95 25

0304 95 29

0304 95 30

0304 95 40

0304 95 50

0304 95 60

0304 95 90

 

Fish of the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae, other than Alaska pollock (Theragra chalcogramma), excluding surimi of subheading 0304 95 10

 

0304 96

 

Dogfish and other sharks

 

0304 97 00

 

Rays and skates (Rajidae)

ex

0304 99 99

20

25

40

50

65

69

70

90

Other fish, excluding surimi and freshwater fish and excluding mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus)

09.0723

 

0302 41 00

 

Herring (Clupea harengus, Clupea pallasii), fresh, chilled or frozen, excluding livers and roes

From 16.6 to 14.2

800

0

ex

0302 99 00

0303 51 00

55

ex

0303 99 00

75

09.0724

 

0302 44 00

 

Mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus), fresh or chilled, excluding livers and roes

From 16.6 to 14.2

260

0

ex

0302 99 00

20

09.0725

 

0303 54 10

 

Mackerel (Scomber scombrus, Scomber japonicus), frozen, excluding livers and roes

From 16.6 to 14.2

30 600

0

ex

0303 99 00

40

09.0726

 

0302 89 31

0302 89 39

 

Redfish (Sebastes spp.), fresh, chilled or frozen, excluding livers and roes

From 1.1 to 31.12

130

0

ex

0302 99 00

0303 89 31

0303 89 39

50

ex

0303 99 00

80

09.0727

 

 

 

Fresh or chilled and frozen fillets of:

From 1.1 to 31.12

110

0

 

0304 31 00

0304 61 00

 

Tilapia (Oreochromis spp.)

 

0304 32 00

0304 62 00

 

Catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.)

 

0304 33 00

0304 63 00

 

Nile perch (Lates niloticus)

 

0304 39 00

0304 69 00

 

Carp (Cyprinus carpio, Carassius carassius, Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus), eels (Anguilla spp.), and snakeheads (Channa spp.)

 

0304 42 50

0304 82 50

 

Trout of the species Oncorhynchus apache or Oncorhynchus chrysogaster

 

0304 49 10

0304 89 10

 

Other freshwater fish

09.0728

 

 

 

Fresh or chilled fillets of:

From 1.1 to 31.12

180

0

 

0304 44 30

 

Coalfish (Pollachius virens)

 

0304 45 00

 

Swordfish (Xiphias gladius)

 

0304 46 00

 

Toothfish (Dissostichus spp.)

 

0304 47

 

Dogfish and other sharks

 

0304 48 00

 

Rays and skates (Rajidae)

 

0304 49 50

 

Redfish (Sebastes spp.)

 

0304 49 90

 

Other fish

09.0729

 

0304 53 00

0304 56

0304 57 00

0304 59 90

 

Fresh or chilled meat (whether or not minced) of fish of the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae and of other fish than freshwater fish

From 1.1 to 31.12

130

0

 

0304 59 50

 

Flaps of herring, fresh or chilled (3)

09.0730

 

 

 

Frozen fillets of:

From 1.1 to 31.12

9 000

0

 

0304 71

 

Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)

 

0304 72 00

 

Haddock (Melanogrammus aeglefinus)

 

0304 73 00

 

Coalfish (Pollachius virens)

 

0304 74

 

Hake (Merluccius spp., Urophycis spp.)

 

0304 75 00

 

Alaska pollock (Theragra chalcogramma)

 

0304 79 10

 

Fish of the species Boreogadus saida

 

0304 79 50

 

Blue grenadier (Macruronus novaezelandiae)

 

0304 79 90

 

Other fish

 

0304 83 10

 

Plaice (Pleuronectes platessa)

ex

0304 83 90

11

19

90

Other flat fish, excluding Limanda aspera, Lepidopsetta bilineata, Pleuronectes quadrituberculatus, Limanda ferruginea, Lepidopsetta polyxystra

 

0304 84 00

 

Swordfish (Xiphias gladius)

 

0304 85 00

 

Toothfish (Dissostichus spp.)

 

0304 88 90

 

Rays and skates (Rajidae)

 

0304 89 21

0304 89 29

 

Redfish (Sebastes spp.)

 

0304 89 60

 

Monkfish (Lophius spp.)

ex

0304 89 90

10

30

40

50

60

90

Other fish, excluding Ray's bream (Brama spp.)

09.0731

ex

0305 20 00

11

18

19

21

30

73

75

77

79

99

Livers and roes of fish, dried, salted or in brine, but not smoked

From 1.1 to 31.12

1 900

0

09.0732

 

0305 41 00

 

Smoked Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), including fillets, other than edible fish offal

From 1.1 to 31.12

450

0

09.0733

 

0305 42 00

0305 43 00

0305 44

0305 49

 

Smoked fish other than Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), including fillets, other than edible offal

From 1.1 to 31.12

140

0

ex

0305 71 00

10

Smoked shark fins

09.0734

 

 

 

Fish, salted but not dried or smoked and fish in brine, other than edible fish offal:

From 1.1 to 31.12

250

0

 

0305 64 00

 

Tilapia (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus carpio, Carassius carassius, Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus), eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.)

ex

0305 69 80

20

25

30

40

50

61

64

65

67

90

Other fish, excluding Lesser or Greenland Halibut (Reinhardtius hippoglossoides), and Pacific Halibut (Hippoglossus stenolepis)

ex

0305 71 00

90

Shark fins not smoked

09.0735

 

0305 61 00

 

Herring (Clupea harengus, Clupea pallasii), salted but not dried or smoked and herring in brine, other than edible fish offal

From 1.1 to 31.12

1 440

0

09.0736

 

0306 15 00

 

Frozen Norway lobsters (Nephrops norvegicus)

From 1.1 to 31.12

950

0

 

0306 16 99

0306 17 93

 

Frozen Pandalidae shrimps, other than smoked

09.0737

ex

0306 95 20

10

Pandalidae shrimps, not frozen boiled on board

From 1.1 to 31.12

800

0

ex

0306 95 30

10

09.0738

 

0306 34 00

0306 94 00

 

Norway lobsters (Nephrops norvegicus), not frozen

From 1.1 to 31.12

900

0

ex

0306 35 90

12

14

20

92

93

96

Pandalidae shrimps, not frozen, for processing (4)

ex

0306 36 10

11

91

ex

0306 95 20

21

29

ex

0306 95 30

21 ,

29

09.0739

 

1604 11 00

 

Prepared or preserved salmon, whole or in pieces, but not minced

From 1.1 to 31.12

170

0

09.0740

 

1604 12 91

1604 12 99

 

Prepared or preserved herring, whole or in pieces, but not minced

From 1.1 to 31.12

3 000

0

09.0741

 

1604 13 90

 

Prepared or preserved sardinella and brisling or sprats, whole or in pieces, but not minced

From 1.1 to 31.12

180

0

09.0742

 

1604 15 11

1604 15 19

 

Prepared or preserved mackerel of the species Scomber scombrus and Scomber japonicus, whole or in pieces, but not minced

From 1.1 to 31.12

130

0

09.0743

 

 

 

Prepared or preserved fish, whole or in pieces, but not minced:

From 1.1 to 31.12

5 500

0

 

1604 17 00

 

Eels

 

1604 18 00

 

Shark fins

 

1604 19 92

 

Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)

 

1604 19 93

 

Coalfish (Pollachius virens)

 

1604 19 94

 

Hake (Merluccius spp., Urophycis spp.)

 

1604 19 95

 

Alaska pollock (Theragra chalcogramma) and Pollack (Pollachius pollachius)

 

1604 19 97

 

Other

 

1604 20 90

 

Prepared or preserved meat of other fish

09.0744

 

1604 20 10

 

Prepared or preserved salmon meat

From 1.1 to 31.12

300

0

09.0745

ex

1605 21 10

20

40

50

91

Shrimps and prawns, prepared or preserved, peeled and frozen

From 1.1. to 31.12

8 000

0

ex

1605 21 90

20

40

57

60

91

ex

1605 29 00

20

40

45

91

09.0746

ex

1605 21 10

30

96

99

Shrimps and prawns, prepared or preserved, other than peeled and frozen

From 1.1 to 31.12

1 000

0

ex

1605 21 90

30

45

49

55

58

62

65

96

99

ex

1605 29 00

30

50

55

60

96

99

09.0748

 

1605 10 00

 

Prepared or preserved crab

From 1.1 to 31.12

50

0

09.0749

ex

1605 21 10

20

40

50

91

Shrimps and prawns, prepared or preserved, peeled and frozen

From 1.9.2016 to 30.4.2017

7 000

0

ex

1605 21 90

20

40

57

60

91

From 1.5.2017 to 30.4.2018

10 500

ex

1605 29 00

20

40

45

91

From 1.5.2018 to 30.4.2019

10 500

From 1.5.2019 to 30.4.2020

10 500

From 1.5.2020 to 30.4.2021

10 500

09.0750

ex

1604 12 91

11

91

Herring, spiced and/or vinegar cured, in brine

From 1.9.2016 to 30.4.2017

11 400 tonnes net drained weight

0

ex

1604 12 99

11

19

From 1.5.2017 to 30.4.2018

17 100 tonnes net drained weight

From 1.5.2018 to 30.4.2019

17 100 tonnes net drained weight

From 1.5.2019 to 30.4.2020

17 100 tonnes net drained weight

From 1.5.2020 to 30.4.2021

17 100 tonnes net drained weight

09.0752

 

0303 51 00

 

Herrings (Clupea harengus, Clupea pallasii), frozen, excluding fish fillets and other fish meat of heading 0304 and excluding livers and roes

From 1.1 to 31.12

44 000

0

ex

0303 99 00

75

09.0756

 

0304 86 00

 

Fillets of herrings (Clupea harengus, Clupea pallasii), frozen

From 1.1 to 31.12

67 000

0

ex

0304 99 23

10

20

30

Flaps of herrings (butterflies) (Clupea harengus, Clupea pallasii), frozen

09.0776

 

1504 20 10

 

Solid fractions of fats and oils of fish, other than liver oils

From 1.1 to 31.12

384

0

09.0818

ex

0304 89 49

10

20

Fillets of mackerel, frozen

From 1.9.2016 to 30.4.2017

11 300

0

ex

0304 99 99

11

Flaps of mackerel, frozen

From 1.5.2017 to 30.4.2018

16 950

From 1.5.2018 to 30.4.2019

16 950

From 1.5.2019 to 30.4.2020

16 950

From 1.5.2020 to 30.4.2021

16 950

09.0819

ex

0304 49 90

10

Fillets of herrings (Clupea harengus, Clupea pallasii), fresh or chilled

From 1.9.2016 to 30.4.2017

9 000

0

 

0304 59 50

 

Flaps of herring, fresh or chilled

From 1.5.2017 to 30.4.2018

13 500

From 1.5.2018 to 30.4.2019

13 500

From 1.5.2019 to 30.4.2020

13 500

From 1.5.2020 to 30.4.2021

13 500

09.0820

 

0305 10 00

 

Flours, meals and pellets of fish, fit for human consumption

From 1.9.2016 to 30.4.2017

1 000

0

From 1.5.2017 to 30.4.2018

1 500

From 1.5.2018 to 30.4.2019

1 500

From 1.5.2019 to 30.4.2020

1 500

From 1.5.2020 to 30.4.2021

1 500

ANNEX II

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes as they exist at the time of adoption of this Regulation. Where ex CN codes are indicated, the preferential scheme is to be determined by the application of the CN code and the corresponding description taken together.

Order No

CN Code

TARIC subdivision

Description of Products

Quota Period

Quota volume (in tonnes net weight unless otherwise specified)

Quota duty (%)

09.0751

ex

0704 10 00

90

Cauliflowers, fresh or chilled

From 1.8 to 31.10:

2 000

0

09.0757

 

0809 21 00

0809 29 00

 

Cherries, fresh

From 16.7 to 15.9:

900

0 (5)

09.0759

 

0809 40 05

 

Plums, fresh

From 1.9 to 15.10:

600

0 (5)

09.0761

 

0810 10 00

 

Strawberries, fresh

From 9.6 to 31.7:

900

0

09.0762

 

0810 10 00

 

Strawberries, fresh

From 1.8 to 15.9:

900

0

09.0783

 

0705 11 00

 

Cabbage lettuce (head lettuce), fresh or chilled

From 1.1 to 31.12:

300

0

09.0784

 

0705 19 00

 

Other lettuce, fresh or chilled

From 1.1 to 31.12:

300

0

09.0786

 

0602 90 70

 

Indoor plants: rooted cuttings and young plants, excluding cacti

From 1.1 to 31.12:

EUR 544 848

0

09.0787

 

1601

 

Sausages and similar products, of meat, meat offal or blood; food preparations based on these products

From 1.1 to 31.12:

300

0

09.0815

 

0810 20 10

 

Raspberries, fresh

From 1.1 to 31.12:

400

0

09.0816

 

2005 20 20

 

Thin slices of potatoes, fried or baked, whether or not salted or flavoured, in airtight packings, suitable for immediate consumption

From 1.1.2018 to 31.12.2018:

200

0

For each calendar year from 1.1.2019:

350

09.0817

 

2309 10 13

2309 10 15

2309 10 19

2309 10 33

2309 10 39

2309 10 51

2309 10 53

2309 10 59

2309 10 70

2309 10 90

 

Dog or cat food put up for retail sale

From 1.1 to 31.12:

13 000

0

09.0821

 

2005 20 20

 

Thin slices of potatoes, fried or baked, whether or not salted or flavoured, in airtight packings, suitable for immediate consumption

From 1.10.2018 to 31.12.2018:

37,5

0

09.0822

 

0207 14 30

 

Meat and edible offal, of the poultry of heading 0105 , fresh, chilled or frozen:

From 1.10.2018 to 31.12.2018:

137,5

0

Of fowls of the species Gallus domesticus

Cuts with bone in, frozen

Whole wings, with or without tips

For each calendar year from 1.1.2019:

550

09.0823

 

0207 14 70

 

Meat and edible offal, of the poultry of heading 0105 , fresh, chilled or frozen:

From 1.10.2018 to 31.12.2018:

37,5

0

Of fowls of the species Gallus domesticus

Other cuts with bone in, frozen

For each calendar year from 1.1.2019:

150

09.0824

 

0204

 

Meat of sheep or goats, fresh, chilled or frozen

From 1.10.2018 to 31.12.2018:

200 (6)

0

0210

 

Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal

For each calendar year from 1.1.2019:

500

09.0825

 

0603 19 70

 

Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, other than Roses, Carnations, Orchids, Chrysantemums, Lilies (Lilium spp.), Gladioli and Ranunculi

From 1.10.2018 to 31.12.2018:

125 000 EUR

0

For each calendar year from 1.1.2019:

500 000 EUR

09.0826

 

1602

 

Other prepared or preserved meat, meat offal or blood

From 1.10.2018 to 31.12.2018:

75

0

For each calendar year from 1.1.2019:

300

09.0827

 

2309 90 96

 

Preparation of a kind used in animal feeding: other

From 1.10.2018 to 31.12.2018:

50

0

For each calendar year from 1.1.2019:

200

09.0828

 

3502 20

 

Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter), albuminates and other albumin derivatives:

Milk albumin, including concentrates of two or more whey proteins

From 1.10.2018 to 31.12.2018:

125

0

For each calendar year from 1.1.2019:

500


(1)  As the Most-Favoured-Nation (‘MFN’) duty is free from 15 February to 15 June, the benefit of the tariff quota shall not be granted to goods declared for release for free circulation during this period.

(2)  As for goods of CN code 0304 99 23, the MFN duty is free from 15 February to 15 June, the benefit of the tariff quota shall not be granted to goods declared for free circulation during this period.

(3)  As for goods of CN code 0304 59 50, the MFN duty is free from 15 February to 15 June, the benefit of the tariff quota shall not be granted to goods declared for free circulation during this period.

(4)  Entry under this subheading is subject to the conditions laid down in the relevant provisions of the European Union [see Article 254 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1)].

(5)  The specific additional duty shall be applied.

(6)  The volume of this quota for 2018 will be reduced by the amount allocated under tariff quota Order No 09.0782 for declarations that have an acceptance date within the period from 1.1.2018 to 30.9.2018.


26.10.2018   

EN

Official Journal of the European Union

L 268/42


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1608

of 24 October 2018

amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 183(b) thereof,

Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,

Whereas:

(1)

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

(2)

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

(3)

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

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

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

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

Done at Brussels, 24 October 2018.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General

Directorate-General for Agriculture and Rural Development


(1)  OJ L 347, 20.12.2013, p. 671.

(2)  OJ L 150, 20.5.2014, p. 1.

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


ANNEX

ANNEX I

CN code

Description

Representative price

(EUR/100 kg)

Security under Article 3

(EUR/100 kg)

Origin (1)

0207 14 10

Fowls of the species Gallus domesticus, boneless cuts, frozen

287,2

4

AR

238,7

18

BR

338,7

0

CL

226,6

22

TH

0207 27 10

Turkeys, boneless cuts, frozen

318,4

0

BR

333,3

0

CL

1602 32 11

Preparations of fowls of the species Gallus domesticus, uncooked

277,7

3

BR


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


DECISIONS

26.10.2018   

EN

Official Journal of the European Union

L 268/44


COUNCIL DECISION (EU) 2018/1609

of 28 September 2018

on the position to be taken on behalf of the European Union within the United Nations Economic Commission for Europe (UNECE) Working Party on Customs Questions affecting Transport and within the UNECE Inland Transport Committee concerning the adoption of the Convention on the facilitation of border crossing procedures for passengers, luggage and load-luggage carried in international traffic by rail

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(b), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

The Russian Federation has proposed a new UNECE Convention on the facilitation of border crossing procedures for passengers, luggage and load-luggage carried in international traffic by rail (‘the draft Convention’). The Organisation for Cooperation between Railways (OSJD) has supported the draft Convention.

(2)

The Working Party on Customs Questions affecting Transport (WP.30) acts within the framework of the policies of UNECE and subject to the general supervision of the Inland Transport Committee (ITC). The role of the WP.30 is to initiate and pursue actions aimed at harmonisation and simplification of regulations, rules and documentation for border crossing procedures for the various modes of inland transport.

(3)

The WP.30 will take a decision on the endorsement of the draft Convention and on its transmission to the ITC for formal approval.

(4)

The Union is represented in the WP.30 and the ITC by the Member States of the Union. All Member States of the Union are members of the WP.30 and the ITC with a right to vote.

(5)

The draft Convention contains general provisions on how to organise border controls of passenger trains. It can be seen as a basis for any multilateral and bilateral agreements in the absence of which none of the elements covered by the draft Convention could work.

(6)

For the Member States of the Union, such multilateral and bilateral agreements can be concluded even without the draft Convention. For the Russian Federation and some other countries represented in the OSJD, the legal framework seems to necessitate such a convention in order to make it easier to conclude multilateral and bilateral agreements.

(7)

The substance of the draft Convention appears to have neither beneficial nor adverse effects for the Member States of the Union. Therefore the Union should not support the draft Convention but has no reason to block its adoption.

(8)

Even if it does not appear to be in the Union's interest to accede to the draft Convention, in accordance with its general policy on institutional aspects, any new international convention should contain a clause allowing for the participation of regional economic integration organisations. The draft Convention does not contain a clause which would allow the Union to accede to the Convention.

(9)

Therefore, the Union position within the WP.30 and the ITC should be neutral if a clause allowing for the participation of regional economic integration organisations is inserted. In that case, the Member States of the Union should abstain. Otherwise the Member States of the Union should vote against the adoption of the draft Convention.

(10)

In accordance with Articles 1 and 2 of Protocol No 22 on the Position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Decision whether it will implement it in its national law.

(11)

This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (1); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(12)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (2); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(13)

As regards Bulgaria, Croatia, Cyprus and Romania, the provisions of this Decision constitute provisions building upon, or otherwise relating to, the Schengen acquis, within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession, Article 4(2) of the 2005 Act of Accession and Article 4(2) of the 2012 Act of Accession.

(14)

It is appropriate to establish the position to be taken on the Union's behalf within the WP.30 and the ITC as the draft Convention concerns elements on visa formalities that fall within the competence of the Union,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union's behalf within the UNECE Working Party on Customs Questions affecting Transport and within the UNECE Inland Transport Committee concerning the draft UNECE Convention on the facilitation of border crossing procedures for passengers, luggage and load-luggage carried in international traffic by rail shall be the following:

The Member States of the Union shall abstain if the clause allowing for the participation of regional economic integration organisations is introduced in the draft Convention. If that clause is not introduced, the Member States of the Union shall vote against.

Article 2

The position referred to in Article 1 shall be expressed by the Member States of the Union.

Article 3

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

Done at Brussels, 28 September 2018.

For the Council

The President

M. SCHRAMBÖCK


(1)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

(2)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).


26.10.2018   

EN

Official Journal of the European Union

L 268/46


COUNCIL DECISION (CFSP) 2018/1610

of 25 October 2018

amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

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

Whereas:

(1)

On 27 September 2010, the Council adopted Decision 2010/573/CFSP (1).

(2)

On the basis of a review of Decision 2010/573/CFSP, the restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova should be extended until 31 October 2019. The Council will carry out a review of the situation with regard to the restrictive measures after six months.

(3)

Decision 2010/573/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Article 4(2) of Decision 2010/573/CFSP is hereby replaced by the following:

‘2.   This Decision shall apply until 31 October 2019. It shall be kept under constant review. It shall be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’.

Article 2

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

Done at Brussels, 25 October 2018.

For the Council

The President

J. BOGNER-STRAUSS


(1)  Council Decision 2010/573/CFSP of 27 September 2010 concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova (OJ L 253, 28.9.2010, p. 54).


26.10.2018   

EN

Official Journal of the European Union

L 268/47


COUNCIL DECISION (CFSP) 2018/1611

of 25 October 2018

amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

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

Whereas:

(1)

On 25 October 2010, the Council adopted Decision 2010/638/CFSP (1) concerning restrictive measures against the Republic of Guinea.

(2)

On the basis of a review of Decision 2010/638/CFSP, those restrictive measures should be extended until 27 October 2019.

(3)

Information concerning the military rank of two of the persons listed in the Annex to Decision 2010/638/CFSP should be updated.

(4)

Decision 2010/638/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2010/638/CFSP is amended as follows:

(1)

Article 8(2) is replaced by the following:

‘2.   This Decision shall apply until 27 October 2019. It shall be kept under constant review. It shall be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’;

(2)

the Annex to Decision 2010/638/CFSP is replaced by the text set out in the Annex to this Decision.

Article 2

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

Done at Brussels, 25 October 2018.

For the Council

The President

J. BOGNER-STRAUSS


(1)  Council Decision 2010/638/CFSP of 25 October 2010 concerning restrictive measures against the Republic of Guinea (OJ L 280, 26.10.2010, p. 10).


ANNEX

ANNEX

LIST OF PERSONS REFERRED TO IN ARTICLES 3 AND 4

 

Name

(and possible aliases)

Identifying information

Reasons

1.

Captain Moussa Dadis CAMARA

d.o.b.: 1.1.64 or 29.12.68

Pass: R0001318

Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea

2.

Colonel Moussa Tiégboro CAMARA

d.o.b.: 1.1.68

Pass: 7190

Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea

3.

Colonel Dr. Abdoulaye Chérif DIABY

d.o.b.: 26.2.57

Pass: 13683

Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea

4.

Lieutenant Aboubacar Chérif (alias Toumba) DIAKITÉ

 

Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea

5.

Colonel Jean-Claude PIVI (alias Coplan)

d.o.b.: 1.1.60

Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea


26.10.2018   

EN

Official Journal of the European Union

L 268/49


COUNCIL DECISION (CFSP) 2018/1612

of 25 October 2018

amending Decision (CFSP) 2015/1763 concerning restrictive measures in view of the situation in Burundi

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

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

Whereas:

(1)

On 1 October 2015, the Council adopted Decision (CFSP) 2015/1763 (1) concerning restrictive measures in view of the situation in Burundi.

(2)

On the basis of a review of Decision (CFSP) 2015/1763, the restrictive measures should be renewed until 31 October 2019.

(3)

Additional identifying information concerning one natural person is available.

(4)

Decision (CFSP) 2015/1763 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The second paragraph of Article 6 of Decision (CFSP) 2015/1763 is replaced by the following:

‘This Decision shall apply until 31 October 2019.’.

Article 2

The Annex to Decision (CFSP) 2015/1763 is amended as set out in the Annex to this Decision.

Article 3

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

Done at Brussels, 25 October 2018.

For the Council

The President

J. BOGNER-STRAUSS


(1)  Council Decision (CFSP) 2015/1763 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi (OJ L 257, 2.10.2015, p. 37).


ANNEX

In the Annex to Decision (CFSP) 2015/1763, entry 3 under the heading ‘List of natural and legal persons, entities and bodies referred to in Articles 1 and 2’ is replaced by the following:

 

Name

Identifying Information

Grounds for designation

‘3.

Mathias/Joseph NIYONZIMA

alias KAZUNGU

DOB: 6.3.1956; 2.1.1967

POB: Kanyosha Commune, Mubimbi, Bujumbura-Rural Province, Burundi

Registration number (SNR): O/00064

Burundian nationality. Passport number: OP0053090

Officer of the National Intelligence Service. Responsible for obstructing the search for a political solution in Burundi by inciting violence and acts of repression during the demonstrations that started on 26 April 2015 following the announcement of the presidential candidacy of President Nkurunziza. Responsible for helping to train, coordinate and arm the Imbonerakure paramilitary militias, including outside Burundi, who are responsible for acts of violence, repression and serious human rights abuses in Burundi.’


26.10.2018   

EN

Official Journal of the European Union

L 268/51


COUNCIL IMPLEMENTING DECISION (CFSP) 2018/1613

of 25 October 2018

implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,

Having regard to Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (1), and in particular Article 33(1) thereof,

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

Whereas:

(1)

On 27 May 2016, the Council adopted Decision (CFSP) 2016/849.

(2)

On 16 October 2018, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 1718 (2006) designated three vessels for a port entry ban and for deflagging.

(3)

Annex IV to Decision (CFSP) 2016/849 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex IV to Decision (CFSP) 2016/849 is amended as set out in the Annex to this Decision.

Article 2

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

Done at Brussels, 25 October 2018.

For the Council

The President

J. BOGNER-STRAUSS


(1)  OJ L 141, 28.5.2016, p. 79.


ANNEX

1)   

In Annex IV to Decision (CFSP) 2016/849, under the heading ‘A. Deflagged vessels’, the following vessels are added to the list of vessels:

 

Vessel name

IMO number

Date of UN designation

‘13.

SHANG YUAN BAO

The merchant vessel M/V SHANG YUAN BAO engaged in a ship-to-ship transfer, likely for oil, with UN-designated DPRK vessel M/V PAEK MA on May 18, 2018. The SHANG YUAN BAO also engaged in a ship-to-ship transfer, likely for oil, with the DPRK vessel MYONG RYU 1 on June 2, 2018.

8126070

16.10.2018

14.

NEW REGENT

The M/V NEW REGENT engaged in a ship-to-ship transfer, likely for oil, with DPRK oil tanker KUM UN SAN 3 on June 7, 2018.

8312497

16.10.2018

15.

KUM UN SAN 3

The DPRK oil tanker KUM UN SAN 3 engaged in a ship-to-ship transfer, likely for oil, with the M/V NEW REGENT on June 7, 2018.

8705539

16.10.2018’

2)   

In Annex IV to Decision (CFSP) 2016/849, under the heading ‘D. Vessels which are prohibited entry into ports’, the following vessels are added to the list:

 

Vessel name

IMO number

Date of UN designation

‘34.

SHANG YUAN BAO

The merchant vessel M/V SHANG YUAN BAO engaged in a ship-to-ship transfer, likely for oil, with UN-designated DPRK vessel M/V PAEK MA on May 18, 2018. The SHANG YUAN BAO also engaged in a ship-to-ship transfer, likely for oil, with the DPRK vessel MYONG RYU 1 on June 2, 2018.

8126070

16.10.2018

35.

NEW REGENT

The M/V NEW REGENT engaged in a ship-to-ship transfer, likely for oil, with DPRK oil tanker KUM UN SAN 3 on June 7, 2018.

8312497

16.10.2018

36.

KUM UN SAN 3

The DPRK oil tanker KUM UN SAN 3 engaged in a ship-to-ship transfer, likely for oil, with the M/V NEW REGENT on June 7, 2018.

8705539

16.10.2018’


26.10.2018   

EN

Official Journal of the European Union

L 268/53


COMMISSION IMPLEMENTING DECISION (EU) 2018/1614

of 25 October 2018

laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (1), and in particular Article 47(2) and (5) thereof,

Whereas:

(1)

To ensure traceability of vehicles and their history, vehicles should be registered under a European vehicle number in a vehicle register. The rules for the establishment of the European vehicle number should be harmonised to ensure that vehicles are registered in the same way throughout the Union.

(2)

Vehicles are currently registered in national vehicle registers and each Member State manages its national vehicle register. There is a need to improve the usability of national vehicle registers and to avoid redundant registration of one vehicle in several vehicle registers, including vehicle registers of third countries connected to the Virtual Vehicle Register. Commission Decision 2007/756/EC (2) should therefore be amended accordingly.

(3)

The cost-benefit analysis performed by the European Union Agency for Railways (‘the Agency’) highlighted significant advantages for the Union rail system stemming from the establishment of a European Vehicle Register that would replace national vehicle registers.

(4)

To reduce administrative burden and costs for Member States and stakeholders, the Commission should adopt technical and functional specifications for the European Vehicle Register which would incorporate the national vehicle registers.

(5)

The Agency should set up and maintain, where relevant in cooperation with the national registration entities, the European Vehicle Register. The national safety authorities, investigating bodies, and in response to any legitimate request, the regulatory bodies, and the Agency, the railway undertakings and the infrastructure managers, as well as those persons or organisations registering vehicles or identified in the register should be able to consult the European Vehicle Register.

(6)

Member States should designate a registration entity responsible for the registering of vehicles and the processing and update of information in relation to vehicles that entity has registered in the European Vehicle Register.

(7)

Keepers should fill in an application for registration with the required information and be able to submit its application via web-based tool using a harmonised e-form. Keepers should ensure that vehicle data submitted to registration entities is up-to-date and accurate.

(8)

Member States should be responsible for ensuring the quality and the integrity of vehicle data registered by the designated registration entity in the European Vehicle Register in accordance with Article 22 of Directive (EU) 2016/797 while the Agency should be responsible for the development and maintenance of the European Vehicle Register IT system in accordance with this Decision.

(9)

The European Vehicle Register should be a centralised register which provides a harmonised interface to all users for the consultation, registration of vehicle and data management.

(10)

There is a need for technical development and testing of the European Vehicle Register functionalities. The European Vehicle Register should however be operational on 16 June 2021 in accordance with Article 47(5) of Directive (EU) 2016/797.

(11)

In order to address Member States' specific needs, some national vehicle registers are used for other purposes than to ensure the traceability of vehicles and their history. To allow for the adaptation of national registers not specifically used for vehicle registration to interface with the European Vehicle Register, the migration towards the centralised registration of vehicles should be progressive. After the introduction of the European Vehicle Register, Member States should therefore be given the possibility to use a ‘de-centralised registration function’ until 16 June 2024 while other functions should be centralised from 16 June 2021. After 16 June 2024 all Member States should use only the centralised registration function.

(12)

The European Vehicle Register should allow for the registering of specific additional information required by Member States. Keepers should provide additional information required by a Member State when submitting an application for registration to that Member State.

(13)

In order to facilitate the use of vehicles registered in the European Vehicle Register in third countries, in particular those applying the provisions of the Convention concerning international carriage by rail to which the European Union is party, the relevant data of the European Vehicle Register should be accessible to authorising competent authorities in these third countries. For this purpose, the Agency should facilitate the implementation of Decisions adopted in accordance with the Convention concerning international carriage by rail of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999.

(14)

On 21 December 2016, the Agency issued a recommendation on the specifications of the national vehicle register indicating possibilities of improvement of the usability of national vehicle registers. On 14 December 2017, the Agency issued a recommendation on the specifications for the European Vehicle Register.

(15)

The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 51(1) of Directive (EU) 2016/797,

HAS ADOPTED THIS DECISION:

CHAPTER 1

GENERAL PROVISIONS

Article 1

Subject matter

This Decision amends common specifications for the national vehicle registers and lays down the technical and functional specifications for the European Vehicle Register.

CHAPTER 2

NATIONAL VEHICLE REGISTERS

Article 2

Amendments to common specifications for the national vehicle registers

The Annex to Decision 2007/756/EC is amended in accordance with Annex I to this Decision.

Article 3

Withdrawal of redundant registrations

1.   The keeper shall ensure that redundant registrations of vehicles pursuant to point 3.2.5(1) of the Annex to Decision 2007/756/EC as amended by Commission Decision 2011/107/EU (3) are withdrawn from the national vehicle registers within one year from 15 November 2018.

2.   The keeper shall ensure that redundant registrations of vehicles of third countries intended to run on the Union rail system and registered in a vehicle register in accordance with the specifications of the Annex to Decision 2007/756/EC and connected to the Virtual Vehicle Register specified in that Decision are withdrawn within one year from 15 November 2018.

CHAPTER 3

EUROPEAN VEHICLE REGISTER

Article 4

Specifications of the European Vehicle Register

The technical and functional specifications of the European Vehicle Register shall be those laid down in Annex II.

Article 5

Registration entity

1.   Each Member State shall designate a registration entity independent of any railway undertaking which will be responsible for the processing of the applications and updating of data in the European Vehicle Register in relation to vehicles registered in that Member State by 15 May 2019.

2.   This registration entity may be the body designated in accordance with Article 4(1) of Decision 2007/756/EC. Member States shall ensure that those registration entities cooperate and share information in order to communicate the changes in the European Vehicle Register in a timely manner.

3.   Where the registration entity is not the body designated in accordance with Article 4(1) of Decision 2007/756/EC, Member States shall inform the Commission and the other Member States by 15 November 2019 at the latest of the entity designated in accordance with paragraph 1.

Article 6

Registration of vehicles authorised to be placed on the market

1.   A keeper shall submit an application for registration through the European Vehicle Register to a Member State of its choice within the area of use of the vehicle.

2.   Registration entities shall take reasonable steps to ensure the accuracy of the data registered in the European Vehicle Register.

3.   Each registration entity shall be able to extract data of their recorded vehicle registrations.

Article 7

Architecture of the European Vehicle Register

1.   The Agency shall set up and maintain the European Vehicle Register in accordance with this Decision.

2.   Following the migration referred to in Article 8, the European Vehicle Register shall be a centralised register and provide a harmonised interface to all users for the consultation, registration of vehicle and data management.

3.   By derogation from paragraph 1, Member States may use the registration function referred to in point 2.1.4 of Annex II in a de-centralised manner until 16 June 2024 at the latest.

4.   Member States shall notify the Agency by 15 May 2019 at the latest whether they intend to use the centralised registration function setup by the Agency or to set up a de-centralised registration function. They shall demonstrate how they plan to fulfil the conditions laid down in paragraph 5 by 16 June 2020.

5.   Where a Member State implements the registration function in a de-centralised manner, it shall ensure the compatibility and communication with the European Vehicle Register. It shall also ensure that the de-centralised registration function is operational in accordance with the European Vehicle Register specifications by 16 June 2021 at the latest.

6.   Member States may at any time modify their decision to use a de-centralised registration function and instead opt in to the centralised registration function by notifying the Agency. The decision shall take effect six months from the notification.

Article 8

Migration from the national vehicle registers to the European Vehicle Register

1.   Member States shall ensure that data for registered vehicles is transferred from the national vehicle registers to the European Vehicle Register and this data shall be migrated by 16 June 2021. During the migration, the Agency shall coordinate with the registration entities the transition from the respective national vehicle registers to the EVR and the Agency shall ensure the availability of the IT environment.

2.   The Agency shall make the European Vehicle Register functions available to Member States by 15 November 2020 at the latest.

3.   The Agency shall define the specifications for the implementation of the interfaces with the de-centralised registration function and make them available to the Member States by 16 January 2020 at the latest.

4.   From 16 June 2021, Member States shall register vehicles in the European Vehicle Register in accordance with Article 7.

5.   From 16 June 2024, Member States shall use the centralised registration function.

CHAPTER 4

FINAL PROVISIONS

Article 9

Repeal

Decision 2007/756/EC is repealed with effect from 16 June 2021.

Article 10

Entry into force and application

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

Sections 2.2, 2.3, 2.4, 2.5, 3, 4.3, 5 of Annex II and Appendices 1 to 6 to that Annex shall apply from 16 June 2021.

Done at Brussels, 25 October 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 138, 26.5.2016, p. 44.

(2)  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).

(3)  Commission Decision 2011/107/EU of 10 February 2011 amending Decision 2007/756/EC adopting a common specification of the national vehicle register (OJ L 43, 17.2.2011, p. 33).


ANNEX I

The Annex to Decision 2007/756/EC is amended as follows:

(1)

point 3.2.1 is replaced by the following:

‘3.2.1.   Application for registration

The form in Appendix 4 shall be used for the application for registration.

The entity applying for vehicle registration shall tick the ‘New registration’ box. It shall fill in the form and forward it to the:

RE of the Member State where registration is sought, filling in all fields,

RE of the first Member State where it intends to operate, for a vehicle coming from a third country (see point 3.2.5(2)). In that case the form shall contain at least the information on the identification of the owner of the vehicle and the keeper, the restrictions on how the vehicle may be used, the entity in charge of maintenance.’;

(2)

in point 3.2.3, the following paragraph is added:

‘The RE shall register the changes in the NVR within 20 working days from the receipt of a complete application file. The RE shall, within this deadline, either register the vehicle or request correction/clarification.’;

(3)

point 3.2.5 is replaced by the following:

‘3.2.5.   Authorisation in several Member States

1.

Vehicles shall be registered only in the NVR of the Member State where they are first authorised for placing in service or, for vehicles to which an authorisation for placing on the market has been issued in accordance with Directive (EU) 2016/797 of the European Parliament and of the Council (*1), only in a Member State in the area of use of the authorisation for placing on the market, without prejudice to the transfer of registration to a different NVR in accordance with point 3.2.6(2).

2.

Vehicles entering the Union rail system from third countries and registered in a vehicle register not in line with this specification or not connected to EC VVR shall be registered only in the NVR of the first Member State where the vehicle is intended to be operated on the Union rail system.

3.

Vehicles entering the Union rail system from third countries and registered in a vehicle register in line with this specification and connected to the EC VVR, when an international agreement to which the European Union is party provides for that, shall not be registered in any NVR.

4.

For any vehicle, the NVR where it is registered shall contain the data relating to items 2, 6, 12 and 13 for each of the Member States where an authorisation for placing in service has been granted to this vehicle.

This provision is without prejudice to Articles 3 and 5.

(*1)  Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44)’;"

(4)

in Section 3.2, the following point 3.2.6 is added:

‘3.2.6.   Transfer of registration and change of EVN

1.

The EVN shall be changed when it does not reflect the interoperability capability or technical characteristics in accordance with Appendix 6 due to technical modifications of the vehicle. Such technical modifications may require a new authorisation for placing in service in accordance with Articles 21 to 26 of Directive 2008/57/EC of the European Parliament and of the Council (*2) or a new authorisation for placing on the market and, where appropriate, a new vehicle type authorisation, in accordance with Articles 21 and 24 of Directive (EU) 2016/797. The keeper shall inform the RE of the Member State where the vehicle is registered of those changes and, if applicable, of the new authorisation for placing in service or of a new authorisation for placing on the market. That RE shall assign to the vehicle a new EVN.

2.

The EVN may be changed at the request of the keeper through a new registration of the vehicle in the NVR of a different Member State connected to EC VVR and subsequent withdrawal of the old registration.

(*2)  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).’;"

(5)

Section 3.3 is replaced by the following:

‘3.3.   Access rights

The access rights to data of an NVR from a given Member State ‘XX’ are listed in the table below:

Entity

Read rights

Update rights

RE of Member State ‘XX’

All data

All data in vehicle register of MS ‘XX’

NSA

All data

None

Agency

All data

None

Keeper

All data on vehicles of which it is keeper

None

ECM

All data, except owner's references, of vehicles for which it is ECM

None

Owner

All data on vehicles of which it is owner

None

Railway undertaking

All data, except owner's references, based on one or more vehicle numbers

None

Infrastructure manager

All data, except owner's references, based on one or more vehicle numbers

None

Investigating body referred to in Article 22 of Directive (EU) 2016/798 of the European Parliament and of the Council (1) and regulatory body referred to in Article 55 of Directive 2012/34/EU of the European Parliament and of the Council (2)

All data on vehicles being checked or audited

None

EC declaration of verification issuing body (the applicant)

All data on vehicles of which it is EC declaration of verification issuing body (the applicant), except owner's references

None

Other legitimate user recognised by NSA or the Agency (3)

To be defined as appropriate, duration possibly limited, except owner's references

None

The access rights to data of NVRs may be extended to relevant third country entities or intergovernmental organisation when an international agreement to which the European Union is party provides for that.’

(6)

Appendices 1 and 2 are replaced by the following:

APPENDIX 1

RESTRICTION CODING

1.   PRINCIPLES

The restrictions referred to in the authorisation for placing in service in accordance with Articles 21 to 26 of Directive 2008/57/EC or in the authorisation for placing on the market and, where appropriate, a new vehicle type authorisation, in accordance with Articles 21 and 24 of Directive (EU) 2016/797 shall be assigned a harmonised code or a national code.

2.   STRUCTURE

Each code is a combination of:

category of restriction,

type of restriction,

value or specification,

which are joined by a dot (.):

[Category].[Type].[Value or specification].

3.   RESTRICTION CODES

1.

Harmonised restriction codes shall be applicable in all the Member States.

The Agency shall keep up-to-date and publish on its web site the list of harmonised restriction codes for the whole of the Union rail system.

If a national safety authority considers that a new code needs to be added to the list of harmonised restriction codes, it shall request the Agency to evaluate the inclusion of this new code.

The Agency shall evaluate the request, in consultation with other national safety authorities, where appropriate. When appropriate, the Agency shall include a new restriction code in the list.

2.

The Agency shall keep up-to-date the list of national restriction codes. The use of national restriction codes shall be limited to those restrictions that reflect particular characteristics of the existing rail system of a Member State and are unlikely to be applied with the same meaning in other Member States.

For types of restrictions not indicated in the list referred to in point 1, the national safety authority shall request the Agency the inclusion of a new code in the list of national restriction codes. The Agency shall evaluate the request, where appropriate in consultation with other national safety authorities. If appropriate, the Agency shall include a new restriction code in the list.

3.

The restriction code for multinational safety authorities shall be treated as national restriction code.

4.

The use of non-coded restrictions shall be limited to those restrictions that due to their particular character are unlikely to be applied to several types of vehicle.

The Agency shall keep a unique list of restriction codes for the EVR, the European register of authorised types of vehicles referred to in Article 48 of Directive (EU) 2016/797, the one-stop shop and the European Railway Agency Database of Interoperability and Safety.

5.

Where relevant, the Agency may coordinate the process of harmonisation of restriction codes with relevant intergovernmental organisation when an international agreement to which the European Union is party provides for that.

APPENDIX 2

STRUCTURE AND CONTENT OF THE EUROPEAN IDENTIFICATION NUMBER

The Agency shall set out the structure and content of the European Identification Number (EIN), including the codification of the types of documents concerned, in a technical document and shall publish this technical document on its web site.

’;

(7)

point 1 of Part 1 of Appendix 6 is replaced by the following:

‘1.   Definition of the Vehicle Keeper Marking (VKM)

A Vehicle Keeper Marking (VKM) is an alphabetic code, consisting of 2 to 5 letters (*3). A VKM is inscribed on each rail vehicle, near the European Vehicle Number. The VKM identifies the Vehicle Keeper as registered in a National Vehicle Register.

A VKM is unique and valid in all Member States and all countries that enter into an agreement that involves the application of the system of vehicle numbering and VKM as set out in this Decision.

(*3)  For NMBS/SNCB, the use of an encircled single letter B can be continued.’"

(8)

Part 4 of Appendix 6 is replaced by the following:

‘PART 4 — CODING OF THE COUNTRIES IN WHICH THE VEHICLES ARE REGISTERED (DIGITS 3-4 AND ABBREVIATION)

The Information relating to third countries is given for information purposes only.

Countries

Alphabetical country code (1)

Numerical country code

 

Countries

Alphabetical country code (1)

Numerical country code

Albania

AL

41

 

Lithuania

LT

24

Algeria

DZ

92

 

Luxembourg

L

82

Armenia

AM

58

 

Former Yugoslav Republic of Macedonia

MK

65

Austria

A

81

 

Malta

M

 

Azerbaijan

AZ

57

 

Moldova

MD (1)

23

Belarus

BY

21

 

Monaco

MC

 

Belgium

B

88

 

Mongolia

MGL

31

Bosnia-Herzegovina

BIH

50 and 44 (2)

 

Montenegro

MNE

62

Bulgaria

BG

52

 

Morocco

MA

93

China

RC

33

 

Netherlands

NL

84

Croatia

HR

78

 

North Korea

PRK (1)

30

Cuba

CU (1)

40

 

Norway

N

76

Cyprus

CY

 

 

Poland

PL

51

Czech Republic

CZ

54

 

Portugal

P

94

Denmark

DK

86

 

Romania

RO

53

Egypt

ET

90

 

Russia

RUS

20

Estonia

EST

26

 

Serbia

SRB

72

Finland

FIN

10

 

Slovakia

SK

56

France

F

87

 

Slovenia

SLO

79

Georgia

GE

28

 

South Korea

ROK

61

Germany

D

80

 

Spain

E

71

Greece

GR

73

 

Sweden

S

74

Hungary

H

55

 

Switzerland

CH

85

Iran

IR

96

 

Syria

SYR

97

Iraq

IRQ (1)

99

 

Tajikistan

TJ

66

Ireland

IRL

60

 

Tunisia

TN

91

Israel

IL

95

 

Turkey

TR

75

Italy

I

83

 

Turkmenistan

TM

67

Japan

J

42

 

Ukraine

UA

22

Kazakhstan

KZ

27

 

United Kingdom

GB

70

Kyrgyzstan

KS

59

 

Uzbekistan

UZ

29

Latvia

LV

25

 

Vietnam

VN (1)

32

Lebanon

RL

98

 

(1)

According to the alphabetical coding system described in Appendix 4 to the 1949 convention and Article 45(4) of the 1968 convention on road traffic.

(2)

Bosnia-Herzegovina uses 2 specific railway codes. A numerical country code 49 is reserved.’


(1)  Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102).

(2)  Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ L 343, 14.12.2012, p. 32).

(3)  The Agency shall, in cooperation with the NSAs, define the procedure for recognising legitimate users.


ANNEX II

1.   CONTENT AND DATA FORMAT

The content and data format of the European Vehicle Register (‘EVR’) shall be as set out in the following table.

Table 1

Parameters of the EVR

Parameter number

Parameter name

Description

Format

Compulsory/Optional

1

Vehicle Identification

 

 

 

1.1

European Vehicle Number

European Vehicle Number. Numeric identification code as defined in Appendix 6.

See Appendix 6 (1)

Compulsory

1.2

Previous vehicle number

Previous number (if applicable, for renumbered vehicle)

 

Compulsory (when applicable)

2

Member State of Registration

 

 

 

2.1

Member State of registration

Member State where the vehicle has been registered

2-letter code (*1)

Compulsory

3

Member States where the vehicle is authorised

 

 

 

3.1

Resulting area of use

Field automatically filled in by the system based on the values of parameter 11.4.

Text

Field automatically filled in by the system based on the values of parameter 11.4.

4

Additional conditions

 

 

 

4.1

Additional conditions applicable to the vehicle

Identification of applicable bilateral or multilateral agreements such as RIV, RIC, TEN, TEN-CW, TEN-GE, …

Text

Compulsory (when applicable)

5

Manufacturing

 

 

 

5.1

Manufacturing year

Year in which the vehicle left the factory

YYYY

Compulsory

5.2

Manufacturing serial number

Manufacturing serial number as marked on the vehicle frame.

Text

Optional

5.3

ERATV Reference

Identification in ERATV of the authorised (2) vehicle type (or version or variant) the vehicle is in conformity to.

Alphanumeric code(s)

Compulsory (when available)

5.4

Series

Identification of the series the vehicle is part of.

Text

Compulsory (when applicable)

6

References to ‘EC’ Declarations of verification (3)

 

 

 

6.1

Date of ‘EC’ declaration

Date of ‘EC’ declaration of verification

Date (YYYYMMDD)

Compulsory (when available)

6.2

‘EC’ declaration reference

Reference to the ‘EC’ declaration of verification

For existing vehicles: text.

For new vehicles: alphanumeric code based on EIN, see Appendix 2

Compulsory (when available)

6.3

‘EC’ Declaration of verification issuing body (the applicant)

 

 

 

6.3.1

Organisation name

 

Text

Compulsory (when available)

6.3.2

Registered business number

 

Text

Compulsory (when available)

6.3.3

Address

Address of organisation, street and number

Text

Compulsory (when available)

6.3.4

Town

 

Text

Compulsory (when available)

6.3.5

Country code

 

2-letter code (*1)

Compulsory (when available)

6.3.6

Post code

 

Alphanumeric code

Compulsory (when available)

6.3.7

Email address

 

Email

Compulsory (when available)

6.3.8

Organisation Code

 

Alphanumeric code

Compulsory (when available)

7

Owner

Identification of the owner of the vehicle

 

 

7.1

Organisation Name

 

Text

Compulsory

7.2

Registered business number

 

Text

Compulsory

7.3

Address

 

Text

Compulsory

7.4

Town

 

Text

Compulsory

7.5

Country code

 

2-letter code (*1)

Compulsory

7.6

Post code

 

Alphanumeric code

Compulsory

7.7

Email address

 

Email

Compulsory

7.8

Organisation Code

 

Alphanumeric code

Compulsory

8

Keeper

Identification of the keeper of the vehicle

 

 

8.1

Organisation name

 

Text

Compulsory

8.2

Registered business number

 

Text

Compulsory

8.3

Address

 

Text

Compulsory

8.4

Town

 

Text

Compulsory

8.5

Country code

 

2-letter code (*1)

Compulsory

8.6

Post code

 

Alphanumeric code

Compulsory

8.7

Email address

 

Email

Compulsory

8.8

Organisation Code

 

Alphanumeric code

Compulsory

8.9

Vehicle Keeper Marking

 

Alphanumeric code

Compulsory

9

Entity in charge of maintenance

Reference to the entity in charge of maintenance

 

 

9.1

Organisation name

 

Text

Compulsory

9.2

Registered business number

 

Text

Compulsory

9.3

Address

 

Text

Compulsory

9.4

Town

 

Text

Compulsory

9.5

Country code

 

2-letter code (*1)

Compulsory

9.6

Post code

 

Alphanumeric code

Compulsory

9.7

Email address

 

Email

Compulsory

9.8

Organisation Code

 

Alphanumeric code

Compulsory

10

Registration status

 

 

 

10.1

Registration status (see Appendix 3)

 

2-digit code

Compulsory

10.2

Registration status date

Date of the status of the registration

Date (YYYYMMDD)

Compulsory

10.3

Registration status reason

 

Text

Compulsory (when applicable)

11

Authorisations (4) for placing on the market (5)

 

 

 

11.1

Name of authorising entity

Entity (National Safety Authority or the Agency) that authorised the placing on the market

Text

Compulsory

11.2

Member State of authorising entity

Member State of authorising entity

2-letter code (*1)

Compulsory

11.3

European identification number (EIN)

Harmonised authorisation number for placing in service, generated by authorising entity

Authorisation number.

For new vehicles: alphanumeric code based on EIN, see Appendix 2.

Compulsory

11.4

Area of use

As stated in the issued vehicle authorisation.

Text

Compulsory

11.5

Date of authorisation

 

Date (YYYYMMDD)

Compulsory

11.6

Authorisation valid until (if specified)

 

Date (YYYYMMDD)

Compulsory (when applicable)

11.7

Date of suspension of authorisation

 

Date (YYYYMMDD)

Compulsory (when applicable)

11.8

Date of revocation of authorisation

 

Date (YYYYMMDD)

Compulsory (when applicable)

11.9

Conditions for use of the vehicle and other restrictions on how the vehicle may be used

 

 

 

11.9.1

Coded conditions for use and restrictions

Conditions for use and restrictions on how the vehicle may be used

List of codes (see Appendix 1).

Compulsory (when applicable)

11.9.2

Non-coded conditions for use and restrictions

Conditions for use and restrictions on how the vehicle may be used

Text

Compulsory (when applicable)

12

Additional fields (6)

 

 

 

2.   ARCHITECTURE

2.1.   The EVR architecture

2.1.1.   Data search and consultation function (DSC function)

The DSC function shall be implemented by the Agency via a centralised web-based tool and an interface for machine to machine communication. The function shall enable the searching and consultation of data in the EVR after authentication.

The DSC function shall provide the registration entities with the means to extract the values of parameters in table 1 of their recorded vehicle registrations.

2.1.2.   User creation and administration function (UCA function)

The UCA function shall be implemented via a centralised web-based tool setup by the Agency. The function shall enable persons and organisations to request access to EVR data and the competent registration entity (‘RE’) to create users and manage access rights.

2.1.3.   Reference data administration function (RDA function)

The RDA function shall be implemented via a centralised web-based tool setup by the Agency. The function shall enable REs and the Agency to manage the common reference data.

2.1.4.   Application, registration and data storage functions (ARS functions)

The ARS function shall enable keepers, after authentication, to submit applications for registration or update of an existing registration to the selected RE, via a web-based tool presenting the harmonised e-form (see Appendix 4). This function shall also allow the RE to register the registration data. The set of registrations for a given Member State shall be referred to as the vehicle register of such Member State.

Member States may decide to use the centralised ARS function (C-ARS) provided by the Agency or may implement the ARS function autonomously in a de-centralised manner. In the latter case, the Member State and the Agency shall ensure the compatibility and communication between the de-centralised ARS functions (D-ARS) and the centralised functions (DSC, UCA and RDA).

The centralised ARS function shall provide pre-reservation and management of vehicle numbers. The pre-reservation process shall allow for pre-filling of information required in the e-form by the applicant or the keeper.

2.2.   Usability

The EVR functions shall be accessible to users with the most commonly used web browsers and in all Union official languages.

2.3.   Availability

As a general rule, the EVR shall be permanently available, with a target system availability of 98 %.

However, in the case of a failure occurring out of business hours — Monday to Friday from 07:00 to 20:00 Central European Time — the restoration of the service shall be handled the next working day after the failure. The unavailability of the system shall be minimal during the maintenance.

2.4.   Service level

Support shall be provided during business hours by a Help Desk to users on matters related to the use of the system and to the REs on the functioning of the system.

The Agency shall provide a test environment for the EVR.

2.5.   Change control

The Agency shall establish a change control management process for the EVR.

2.6.   Data integrity

The EVR shall ensure appropriate data integrity.

2.7.   Pre-check

The EVR system shall provide automatic checks of data entered in the e-form, including checks against EVR vehicle registrations, completeness check and check of the format of data entered.

2.8.   Facilitation of the use in the Union of vehicles registered in third countries

The Agency may implement the DSC function to allow for relevant entities in third countries to get access to appropriate data of the EVR when an international agreement to which the European Union is party provides for that.

The Agency may allow for the use of EVR functions by entities in third countries when an international agreement to which the European Union is party provides for that.

3.   OPERATING MODE

3.1.   Use of the EVR

The EVR may be used for purposes such as:

checking if a vehicle is duly registered and the status of the registration;

retrieving information on the authorisations for placing on the market, including the authorising entity, the area of use, the conditions for use and other restrictions;

retrieving the reference to the authorised vehicle type to which the vehicle conforms to;

identifying the keeper, the owner or the entity in charge of maintenance.

3.2.   Registration of vehicles

3.2.1.   General rules

1.

A vehicle, after the authorisation for placing on the market and before being operated, shall be registered in the EVR at the request of the keeper. The keeper shall fill in the e-form and submit the application for registration to one Member State of its choice within the area of use. At the request of the applicant or keeper, the Member State chosen for registering the vehicle shall offer procedures for the pre-reservation of a vehicle number or a range of vehicle numbers.

2.

For a given vehicle, only one valid registration may exist in the EVR. A vehicle without a valid registration may not be operated.

3.

Upon registration, the vehicle is assigned a European vehicle number (EVN) by the RE in the registering Member State. The EVN shall comply with the rules set in Appendix 6. In case the applicant or keeper — upon their request — received a pre-reserved vehicle number, that vehicle number shall be used for the first registration.

4.

The EVN may be changed in the cases specified in points 3.2.2.8 and 3.2.2.9.

5.

In case of vehicles entering the Union rail system from third countries and registered in a vehicle register not in conformity with this Annex or not connected to the EVR, the keeper shall submit the application for registration to the first Member State where the vehicle is intended to be operated on the Union rail system.

6.

Rolling stock placed in service for the first time in a third country and intended to be used inside the Union as part of the common 1 520 mm rail system wagons fleet shall not be registered in the EVR. However, in accordance with Article 47(7) of Directive (EU) 2016/797, it shall be possible to retrieve information on the keeper of the vehicle concerned, the entity in charge of its maintenance and the restrictions on how the vehicle may be used.

7.

When an international agreement to which the European Union is party provides for that, in case of vehicles entering the Union rail system from third countries and registered in a vehicle register connected to the EVR (via the DSC function), in conformity with this Annex, they shall be registered only in that vehicle register.

8.

For each vehicle, the EVR shall contain the references of all authorisations granted to the vehicle and of non-Member States in which the vehicle is admitted to international traffic in accordance with Appendix G to the Convention concerning international carriage by rail, and the corresponding conditions for use and other restrictions.

9.

The RE shall take reasonable steps to ensure the accuracy of the data registered in the EVR. To this end the RE may request information from other REs, in particular when the keeper applying for registration is established in another Member State. The RE may decide to suspend a vehicle registration in duly justified cases.

10.

If either the NSA or the Agency consider there is a justified case for suspension of registration of a vehicle in accordance with Article 54 of Commission Implementing Regulation (EU) 2018/545 (7), they shall request the registration entity to suspend it. The registration entity shall suspend the registration without delay upon such a request.

11.

The keeper shall submit the applications for registration via the electronic web- based form to the competent RE. The web-based form and dashboard shall be made available as part of the ARS function and shall be accessible after authentication.

12.

Applications for registration may concern a single vehicle or a list of vehicles.

13.

In some registration cases, Member States may require supporting documents to be electronically attached to the application for registration; to that end the RE shall publish the list of supporting documents required in each registration case.

14.

Besides the data referred to in Table 1, Member States may require additional fields to be provided in the registration application; to that end the RE shall publish the list of such fields.

15.

The EVR shall provide the keeper and the RE with the possibility to review in the system the applications for registration and their related attachments and provide the recording of registrations and registration changes with the information related to these changes.

16.

The RE shall register the data in the EVR within 20 working days of the receipt of a complete application. The RE shall, within that deadline, either register the vehicle or request correction or clarification.

17.

The keeper shall be able to review the progress of its applications via a web-based dashboard.

18.

The EVR shall notify the keeper and RE of any change of status of the application for registration.

3.2.2.   Registration cases

The registration cases are specified below. If applicable, different registration cases may be merged in a single vehicle registration application.

3.2.2.1.   New registration

All mandatory fields listed in Table 1 shall be filled, together with any additional field required by the Member State in accordance with point 3.2.1.14.

Applications shall be submitted by the keeper to the RE of a Member State in the area of use of the vehicle where registration is sought.

For vehicles entering the Union rail system from third countries in accordance with point 3.2.1.5, applications shall be submitted to the RE of the first Member State where the vehicle is intended to be operated. In that case the application shall contain at least the information on the identification of the keeper, the entity in charge of maintenance and the restrictions on how the vehicle may be used.

3.2.2.2.   Update of an existing registration

Applications shall be submitted by the keeper to the RE of the Member State where the vehicle is registered. Only the parameters in Table 1 to be updated shall be filled.

3.2.2.3.   Change of keeper

Should a keeper of a vehicle change, it is the responsibility of the currently registered keeper to inform the RE in due time, so that the latter may update the EVR. The former keeper shall be removed from the EVR registration and relieved of its responsibilities only when the new keeper has acknowledged its acceptance of keeper status. If on the date of de-registration of the currently registered keeper no new keeper has accepted the keeper status, the registration of the vehicle shall be suspended.

3.2.2.4.   Change of entity in charge of maintenance (‘ECM’)

When there is a change of ECM of a vehicle, the keeper shall inform the RE in due time, so that the latter may update the EVR. The former ECM shall deliver the maintenance documentation to either the keeper or the new ECM. The former ECM is relieved of its responsibilities when it is removed from the EVR registration. If on the date of de-registration of the former ECM any new entity has not acknowledged its acceptance of ECM status, the registration of the vehicle is suspended.

3.2.2.5.   Change of owner

When there is a change of owner, the keeper shall inform the RE in due time, so that the latter may update the EVR.

3.2.2.6.   Suspension or reactivation of a registration

The new status (8) and the status reason shall be filled. The status date shall be automatically filled by the EVR.

A vehicle that has its registration suspended may not be operated on the Union rail system.

A reactivation of a registration after suspension will require the reexamination by the RE of the conditions which caused the suspension and, if applicable, in coordination with the NSA that requested the suspension.

3.2.2.7.   Withdrawal of a registration

The new status (8) and the status reason shall be filled. The status date is automatically filled by the system.

A vehicle that has its registration withdrawn may not be operated on the Union rail system under such registration.

3.2.2.8.   Change of EVN following technical modifications

The EVN shall be changed when it does not reflect the interoperability capability or technical characteristics in accordance with Appendix 6 due to technical modifications of the vehicle. Such technical modifications may require a new authorisation for placing on the market and, where appropriate, a new vehicle type authorisation, in accordance with Articles 21 and 24 of Directive (EU) 2016/797. The keeper shall inform the RE of the Member State where the vehicle is registered of those changes and, if applicable, of the new authorisation for placing on the market. That RE shall assign to the vehicle a new EVN.

The change of EVN consists of a new registration of the vehicle and subsequent withdrawal of the old registration.

3.2.2.9.   Change of EVN and of registering Member State

The EVN may be changed at the request of the keeper through a new registration of the vehicle by a different Member State in the area of use and subsequent withdrawal of the old registration.

3.2.3.   Automatic notification of changes

Following a change to one or more registration items, the EVR IT system shall send to the keeper and to the concerned NSAs for the area of use of the vehicle an automatic email notification informing about the change, when they have subscribed to such notifications.

Following a change of keeper or owner or ECM, the EVR IT system shall send an automatic email notification to, respectively, the previous keeper and the new keeper or the previous owner and the new owner or the previous ECM and new ECM.

A keeper or owner or ECM or EC declaration issuing body may opt-in the reception of automatic email notifications informing about changes to registrations they are identified within.

3.2.4.   Historical records

All data in the EVR shall be retained for 10 years from the date of withdrawal of a vehicle registration. As a minimum, data shall be available on-line for the first three years. After three years, data may be archived. If at any time during the 10-year period an investigation involving a vehicle or vehicles is started, data relating to those vehicles shall be retained beyond the 10-year period if so required by investigating bodies referred to in Article 22 of Directive (EU) 2016/798 of the European Parliament and of the Council (9) or national jurisdictions.

After withdrawal of a vehicle registration, any of the registration numbers assigned to the vehicle shall not be assigned to any other vehicle for 100 years from the date the vehicle registration is withdrawn.

Any changes to the data in the EVR shall be recorded.

3.3.   Management of users

3.3.1.   Request of user

Any person or organisation shall be able to request access to EVR via a web-based form (part of the centralised UCA function) from the competent RE where the person or organisation is located.

The RE shall assess the request and, if appropriate, create a user account for the requestor and assign the appropriate access rights in accordance with points 3.3.2 and 3.3.3.

3.3.2.   Access rights

The access rights to data of EVR are listed in the table below:

Table 2

Entity

Read rights

Update rights

RE of Member State ‘XX’

All data

All data in vehicle register of MS ‘XX’

NSA

All data

None

Agency

All data

None

Keeper

All data on vehicles of which it is keeper

None

ECM

All data, except owner's references, of vehicles for which it is ECM

None

Owner

All data on vehicles of which it is owner

None

Railway undertaking

All data, except owner's references, based on one or more vehicle numbers

None

Infrastructure manager

All data, except owner's references, based on one or more vehicle numbers

None

Investigating body referred to in Article 22 of Directive (EU) 2016/798 and regulatory body referred to in Article 55 of Directive 2012/34/EU of the European Parliament and of the Council (10)

All data on vehicles being checked or audited

None

EC declaration of verification issuing body (the applicant)

All data on vehicles of which it is EC declaration of verification issuing body (the applicant), except owner's references

None

Other legitimate user recognised by NSA or the Agency (11)

To be defined as appropriate, duration possibly limited, except owner's references

None

The access rights to data of EVR may be extended to relevant third country entities or intergovernmental organisation when an international agreement to which the European Union is party provides for that.

3.3.3.   Other rights

Keepers shall be able to submit applications for registration.

Any organisation shall be able to submit changes to its own data kept in the reference data (see Section 3.4)

3.3.4.   Security

Authentication of users shall be by means of username and password. In the case of keepers (applicants for vehicle registration) and REs, authentication shall provide the assurance level ‘substantial’ referred to in point 2.2.1 of the Annex to Commission Implementing Regulation (EU) 2015/1502 (12).

3.3.5.   Data protection

Data in the EVR shall be managed according to Regulation (EU) 2016/679 of the European Parliament and of the Council (13) and applicable national legislation on data protection.

3.4.   Reference data

In order to guarantee the harmonisation of data input in the registration process, the EVR shall make use of reference data. EVR reference data for parameters in Table 1 shall be available to keepers in the harmonised e-form via the ARS function.

3.4.1.   Update of reference data

The Agency shall keep reference data updated and available in a central tool (part of the RDA function) in collaboration with the REs.

Any organisation recorded in the reference data shall be able to submit changes to its data via a web-based interface.

Following an application for registration, the RE shall ensure that the organisation data is recorded in the reference data with allocation of an organisation code by the Agency or, if already recorded, that the reference data is updated with the new data submitted by the keeper.

3.4.2.   Organisation codes

3.4.2.1.   Definition of organisation code

An organisation code is a unique identifier, consisting of four alphanumeric characters that shall be assigned by the Agency to one organisation.

3.4.2.2.   Format of organisation codes

For each of the four alphanumeric characters, any of the 26 letters of ISO 8859-1 alphabet or any number from 0 to 9 may be used. Letters are written in capitals.

3.4.2.3.   Allocation of organisation codes

Any organisation accessing EVR or identified therein shall be assigned an organisation code.

The Agency shall publish and keep up-to-date the procedure for the creation and allocation of organisation codes.

A range to be allocated only to companies under scope of TAP and TAF TSI shall be specified in the EVR Guidelines.

3.4.2.4.   Publication of the list of organisation codes

The Agency shall make the list of organisation codes publicly available on its website.

4.   EXISTING VEHICLES

4.1.   Vehicle number

1.

Vehicles already possessing a 12-digit number shall keep their current number. The 12-digit number shall be registered as such without any modification.

2.

For vehicles without a 12-digit number (14), a 12-digit number (in accordance with Appendix 6) shall be allocated in the EVR. The EVR IT system shall link this EVN to the current vehicle number. For vehicles used in international traffic, except those reserved for historical use, the 12-digit number is physically applied to the vehicle itself within a period of six years after allocation in the EVR. For vehicles used in domestic traffic and for those reserved for historical use, the physical application of the 12-digit number is voluntary.

4.2.   Procedure for the migration from national vehicle registers (NVRs) to the EVR

The entity previously responsible for vehicle registration shall make all information available to the RE of the country where it is located.

Existing vehicles shall be registered only by one of the following Member States:

the Member State where they were first authorised for placing in service in accordance with Articles 21 to 26 of Directive 2008/57/EC;

the Member State where they were registered after they have been authorised in accordance with Articles 21 and 25 of Directive (EU) 2016/797;

in the case of registrations transferred to the NVR of another Member State, by such Member State.

4.3.   Existing systems

The standard NVR, translation engine and Virtual Vehicle Register systems referred to in Decision 2007/756/EC shall be discontinued.

5.   GUIDELINES

To facilitate the implementation and usage of this Annex, the Agency shall publish and keep up-to-date guidelines.

Member States shall set up, publish and keep up to date guidelines, in particular describing their language policy including communication provisions.


(*1)  The codes are those officially published and updated on the Union website in the Interinstitutional style guide. In case of the multinational safety authority Channel Tunnel Intergovernmental Commission, the country code CT shall be used. In case of the Agency, the country code EU shall be used.

(1)  Rolling stock placed in service for the first time in Estonia, Latvia or Lithuania and intended to be used outside the Union as part of common 1 520 mm rail system wagons fleet shall be registered in both the EVR and the Information Database of the Council of Railway Transport of the Commonwealth of Independent States. In this case, the 8-digit numbering system may be applied instead of the numbering system specified in Appendix 6.

(2)  For vehicle types authorised in accordance with Article 26 of Directive 2008/57/EC of the European Parliament and of the Council (OJ L 191, 18.7.2008, p. 1) and Article 24 of Directive (EU) 2016/797.

(3)  It must be possible to specify the references to the EC Declaration of verification of the rolling stock subsystem and the CCS subsystem.

(4)  It must be possible to specify the data for all authorisations granted to the vehicle.

(5)  Authorisation for placing on the market delivered in accordance with Chapter V of Directive (EU) 2016/797 or authorisation for placing in service delivered in accordance with Chapter V of Directive 2008/57/EC or in accordance with the authorisation regimes existing before transposition of Directive 2008/57/EC.

(6)  When appropriate, additional fields as referred to in point 3.2.1.14.

(7)  Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council (OJ L 90, 6.4.2018, p. 66).

(8)  As set out in Appendix 3.

(9)  Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102).

(10)  Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ L 343, 14.12.2012, p. 32).

(11)  The Agency shall, in cooperation with the NSAs, define the procedure for recognising legitimate users.

(12)  Commission Implementing Regulation (EU) 2015/1502 of 8 September 2015 on setting out minimum technical specifications and procedures for assurance levels for electronic identification means pursuant to Article 8(3) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market (OJ L 235, 9.9.2015, p. 7).

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

(14)  Without prejudice to footnote (1) of Table 1.

APPENDIX 1

RESTRICTION CODING

1.   PRINCIPLES

The restrictions referred to in the authorisation for placing on the market shall be assigned a harmonised code or a national code.

2.   STRUCTURE

Each code is a combination of:

category of restriction,

type of restriction,

value or specification,

which are joined by a dot (.):

[Category].[Type].[Value or specification].

3.   RESTRICTION CODES

1.

Harmonised restriction codes shall be applicable in all the Member States.

The Agency shall keep up-to-date and publish on its web site the list of harmonised restriction codes for the whole of the Union rail system.

If a NSA considers that a new code needs to be added to the list of harmonised restriction codes, it shall request the Agency to evaluate the inclusion of that new code.

The Agency shall evaluate the request, in consultation with other NSAs, where appropriate. Where appropriate, the Agency shall include a new restriction code in the list.

2.

The Agency shall keep up-to-date the list of national restriction codes. The use of national restriction codes shall be limited to those restrictions that reflect particular characteristics of the existing rail system of a Member State and are unlikely to be applied with the same meaning in other Member States.

For types of restrictions not indicated in the list referred to in point 1, the NSA shall request the Agency the inclusion of a new code in the list of national restriction codes. The Agency shall evaluate the request, where appropriate in consultation with other NSAs. If appropriate, the Agency shall include a new restriction code in the list.

3.

The restriction code for multinational safety authorities shall be treated as national restriction code.

4.

The use of non-coded restrictions shall be limited to those restrictions that due to their particular character are unlikely to be applied to several types of vehicle.

The Agency shall keep a unique list of restriction codes for the EVR, the European Register of Authorised Types of Vehicles referred to in Article 48 of Directive (EU) 2016/797, the one-stop shop and the European Railway Agency Database of Interoperability and Safety.

5.

Where relevant, the Agency may coordinate the process of harmonisation of restriction codes with relevant intergovernmental organisation when an international agreement to which the European Union is party provides for that.

APPENDIX 2

STRUCTURE AND CONTENT OF THE EUROPEAN IDENTIFICATION NUMBER

The Agency shall set out the structure and content of the European identification number (EIN), including the codification of the types of documents concerned, in a technical document and shall publish this technical document on its web site.

APPENDIX 3

REGISTRATION STATUS CODING

Code

Registration status (1)

Registration status reason

Description

00

Valid

Not applicable

The vehicle has a valid registration.

10

Suspended

Not applicable

The vehicle's registration is suspended at the request of the keeper or by a decision of the NSA of the registering Member State or RE.

Code not to be used anymore.

11

Suspended

Not applicable

The vehicle registration is suspended at the request of the keeper.

The vehicle is destined for storage in working order as an inactive or strategic reserve.

12

Suspended

To be specified by the Keeper and recorded in parameter 10.3.

The vehicle registration is suspended at the request of the keeper.

Other reason.

13

Suspended

To be specified by the NSA of the registering Member State and recorded in parameter 10.3.

The vehicle registration is suspended at the request of the NSA of the registering Member State.

14

Suspended

To be specified by the RE and recorded in parameter 10.3

The vehicle registration is suspended by decision of the RE.

20

Withdrawn

Not applicable

The vehicle registration is withdrawn at the request of the keeper.

The vehicle is known to be re-registered under a different number, for continued use on (all or part of the) Union rail system.

Code not to be used anymore.

21

Withdrawn

Not applicable

The vehicle registration is withdrawn at the request of the keeper.

The vehicle is known to be re-registered under a different EVN due to technical modifications of the vehicle. See point 3.2.2.8.

22

Withdrawn

Not applicable

The vehicle registration is withdrawn at the request of the keeper.

The vehicle is known to be re-registered under a different EVN and by a different Member State in the area of use. See point 3.2.2.9.

30

Withdrawn

To be specified by the keeper and recorded in parameter 10.3.

The vehicle registration is withdrawn at the request of the keeper.

The vehicle's registration for operating on the Union rail system has ended without known re-registration.

31

Withdrawn

Not applicable

The vehicle registration is withdrawn at the request of the keeper.

The vehicle is destined for continued use as a rail vehicle outside the Union rail system.

32

Withdrawn

Not applicable

The vehicle registration is withdrawn at the request of the keeper.

The vehicle is destined for the recovery of major interoperable constituents/modules/spares or major rebuilding.

33

Withdrawn

Not applicable

The vehicle registration is withdrawn at the request of the keeper.

The vehicle has been scrapped and disposed for materials (including major spares) for recycling.

34

Withdrawn

Not applicable

The vehicle registration is withdrawn at the request of the keeper.

The vehicle is destined to be ‘historic preserved rolling stock’ for operation on a segregated network, or for static display, outside the Union rail system.

Use of codes

The codes and the reason shall be based solely on information provided to the RE by the entity requesting the change of registration status.


(1)  This table sets out registration status of completed registration only.

APPENDIX 4

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APPENDIX 5

GLOSSARY

Acronym/Abbreviation

Definition

Agency

European Union Agency for Railways established by the Regulation (EU) 2016/796 of the European Parliament and of the Council (1)

Applicant

A natural or legal person requesting an authorisation for placing a vehicle on the market

Area of use of a vehicle

A network or networks within a Member State or a group of Member States in which a vehicle is intended to be used, as referred to in Article 2 of Directive (EU) 2016/797

ARS function

Application, Registration and data Storage functions

ATMF

Uniform Rules concerning the Technical Admission of Railway Material used in International Traffic (ATMF — Appendix G to COTIF)

Authorising entity

Entity (NSA or the Agency) that authorised the vehicle for placing on the market

Authorisation

Authorisation for placing on the market

C-ARS function

Application, Registration and data Storage (ARS) function (centralised)

COTIF

Convention concerning International Carriage by Rail

D-ARS function

Application, Registration and data Storage (ARS) function (decentralised)

DSC function

Data Search and Consultation function

ECM

Entity in Charge of Maintenance

EIN

European identification number

EVN

European vehicle number

EVR

European Vehicle Register, as referred to in Article 47 of Directive (EU) 2016/797

ERATV

European Register of Authorised Types of Vehicles, as referred to in Article 48 of Directive (EU) 2016/797

GDPR

Regulation (EU) 2016/679

ISO

International Organisation for Standardisation

IT

Information Technology

NSA

National Safety Authority

NVR

National vehicle register referred to in Article 47 of Directive (EU) 2016/797

OTIF

Intergovernmental Organisation for International Carriage by Rail

RDA function

Reference Data Administration function

RE

Registration Entity, that is the body designated by each Member State in accordance with this Decision

RIC

Regulations governing the reciprocal use of carriages and brake vans in international traffic

RIV

Regulations concerning the reciprocal use of wagons in international traffic

TAF (TSI)

Telematics Applications for Freight (TSI)

TAP (TSI)

Telematics Applications for Passengers (TSI)

TSI

Technical Specification for Interoperability

UCA function

User Creation and Administration function

VKM

Vehicle Keeper Marking

VKMR

Vehicle Keeper Marking Register

VVR

Virtual Vehicle Register, as defined in Decision 2007/756/EC


(1)  Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 26.5.2016, p. 1).

APPENDIX 6

PART ‘0’

Vehicle identification

General remarks

This Appendix describes the European vehicle number and linked marking applied in a visible manner on the vehicle to identify it uniquely and in a permanent manner during operation. It does not describe other numbers or markings eventually engraved or fixed in a permanent manner on the chassis or the main components of the vehicle during its construction.

European vehicle number and linked abbreviations

Each railway vehicle shall receive a number consisting of 12 figures (called European vehicle number (EVN)) with the following structure:

Rolling stock group

Interoperability capability and vehicle type [2 figures]

Country in which the vehicle is registered

Technical characteristics

Serial number

Check digit

[2 figures]

[4 figures]

[3 figures]

[1 figure]

Wagons

00 to 09

10 to 19

20 to 29

30 to 39

40 to 49

80 to 89

[details in part 6]

01 to 99

[details in part 4]

0000 to 9999

[details in part 9]

000 to 999

0 to 9

[details in part 3]

Hauled passenger vehicles

50 to 59

60 to 69

70 to 79

[details in part 7]

0000 to 9999

[details in part 10]

000 to 999

Tractive rolling stock and units in a trainset in fixed or pre-defined formation

90 to 99

[details in part 8]

0000000 to 8999999

[the meaning of these figures is defined by the Member States, eventually by bilateral or multilateral agreement]

Special vehicles

9000 to 9999

[details in part 11]

000 to 999

In a given country, the 7 digits of technical characteristics and serial number are sufficient to identify uniquely a vehicle inside the groups of hauled passenger vehicles and special vehicles (1).

Alphabetical markings complete the number:

(a)

abbreviation of the country in which the vehicle is registered (details in part 4);

(b)

Vehicle Keeper Marking (details in part 1);

(c)

abbreviations of the technical characteristics (details in part 12 for the wagons, part 13 for the hauled passenger vehicles).

PART 1

Vehicle Keeper Marking

1.   Definition of the Vehicle Keeper Marking (VKM)

A Vehicle Keeper Marking (VKM) is an alphabetic code, consisting of 2 to 5 letters (2). A VKM shall be inscribed on each rail vehicle, near the EVN. The VKM shall identify the keeper as registered in the EVR.

A VKM shall be unique and valid in all countries covered by this Decision and all countries that enter into an agreement that involves the application of the system of vehicle numbering and VKM as described in this Decision.

A VKM for a keeper which has its main place of business in a non-EU OTIF Contracting State is to be requested from OTIF Secretariat-General.

2.   Format of the Vehicle Keeper Marking

The VKM shall be a representation of the full name or abbreviation of the keeper, if possible in a recognisable manner. Any of the 26 letters of ISO 8859-1 alphabet may be used. The letters in the VKM shall be written in capitals. Letters that do not stand for first letters of words in the keeper's name may be written in lower case. For checking uniqueness, the letters written in lower case shall be taken as written in capitals.

Letters may contain diacritical signs (3). Diacritical signs used by those letters shall be ignored for checking uniqueness.

For vehicles of keepers that reside in a country that does not use the Latin alphabet, a translation of the VKM in its own alphabet may be applied behind the VKM separated from it by a slash-sign (‘/’). This translated VKM shall be disregarded for data-processing purposes.

3.   Provisions about allocation of Vehicle Keeper Markings

More than one VKM may be assigned to a keeper, in case:

the keeper has a formal name in more than one language;

a keeper has good cause to distinguish between separate vehicle fleets within his organisation.

A single VKM may be issued for a group of companies:

which belong to single corporate structure (e.g. holding structure);

which belong to a single corporate structure that has appointed and mandated one organisation within this structure to handle all issues on behalf of all others;

which have mandated a separate, single legal entity for handling all issues on their behalf. In that case the legal entity shall be the keeper.

4.   Register of Vehicle Keeper Markings and procedure for allocation

The register of VKM shall be public and updated on a real-time basis.

An applicant shall request a VKM to the NSA of the Member State where the applicant has its main place of business. That NSA shall check the application and then forward it to the Agency. A VKM may be used only after publication by the Agency.

The holder of a VKM shall inform the competent national authority when it ends the use of a VKM, and the competent national authority shall forward the information to the Agency. A VKM shall then be revoked once the keeper has proved that the marking has been changed on all vehicles concerned. It shall not be reissued for 10 years, unless it is reissued to the original holder or at his request to another holder.

A VKM may be transferred to another holder, which is the legal successor to the original holder. A VKM shall stay valid when the VKM's holder changes his name to a name that does not bear resemblance to the VKM.

In case of a change of keeper which entails a change of VKM, the wagons concerned shall be marked with the new VKM within three months from the date of registration of the change of keeper in the EVR. In case of inconsistency between the VKM marked on the vehicle and the data registered in the EVR, the EVR-registration supersedes.

PART 2

Not used

PART 3

Rules for the determination of the check-digit (digit 12)

The check-digit shall be determined in the following manner:

the digits in the even positions of the basic number (counting from the right) are taken at their own decimal value;

the digits in the odd positions of the basic number (counting from the right) are multiplied by 2;

the sum formed by the digits in even position and by all the digits which constitute the partial products obtained from the odd positions is then established;

the units digit of this sum is retained;

the complement required to bring the units digit to 10 forms the check-digit; should this units digit be nought, then the check-digit shall also be nought.

Examples

1 -

Let the basic number be

3

3

8

4

4

7

9

6

1

0

0

 

Multiplication factor

2

1

2

1

2

1

2

1

2

1

2

 

 

6

3

16

4

8

7

18

6

2

0

0

 

Sum: 6 + 3 + 1 + 6 + 4 + 8 + 7 + 1 + 8 + 6 + 2 + 0 + 0 = 52

 

The unit's digit of this sum is 2.

The check-digit number will therefore be 8 and the basic number thus becomes the registration number 33 84 4796 100 – 8.


2 -

Let the basic number be

3

1

5

1

3

3

2

0

1

9

8

 

Multiplication factor

2

1

2

1

2

1

2

1

2

1

2

 

 

6

1

10

1

6

3

4

0

2

9

16

 

Sum: 6 + 1 + 1 + 0 + 1 + 6 + 3 + 4 + 0 + 2 + 9 + 1 + 6 = 40

 

The unit's digit of this sum is 0.

The check-digit number will therefore be 0 and the basic number thus becomes the registration number 31 51 3320 198 – 0.

PART 4

Coding of the countries in which the vehicles are registered (digits 3-4 and abbreviation)

The information relating to third countries is given for information purposes only.

Countries

Alphabetical country code (1)

Numerical country code

 

Countries

Alphabetical country code (1)

Numerical country code

Albania

AL

41

 

Lithuania

LT

24

Algeria

DZ

92

 

Luxembourg

L

82

Armenia

AM

58

 

Former Yugoslav Republic of Macedonia

MK

65

Austria

A

81 (6)

 

Malta

M

 

Azerbaijan

AZ

57

 

Moldova

MD (1)

23

Belarus

BY

21

 

Monaco

MC

 

Belgium

B

88

 

Mongolia

MGL

31

Bosnia-Herzegovina

BIH

50 and 44 (2)

 

Montenegro

MNE

62

Bulgaria

BG

52

 

Morocco

MA

93

China

RC

33

 

Netherlands

NL

84

Croatia

HR

78

 

North Korea

PRK (1)

30

Cuba

CU (1)

40

 

Norway

N

76

Cyprus

CY

 

 

Poland

PL

51

Czech Republic

CZ

54

 

Portugal

P

94

Denmark

DK

86

 

Romania

RO

53

Egypt

ET

90

 

Russia

RUS

20

Estonia

EST

26

 

Serbia

SRB

72

Finland

FIN

10

 

Slovakia

SK

56

France

F

87

 

Slovenia

SLO

79

Georgia

GE

28

 

South Korea

ROK

61

Germany

D

80 (7)

 

Spain

E

71

Greece

GR

73

 

Sweden

S

74

Hungary

H

55 (5)

 

Switzerland

CH

85 (4)

Iran

IR

96

 

Syria

SYR

97

Iraq

IRQ (1)

99

 

Tajikistan

TJ

66

Ireland

IRL

60

 

Tunisia

TN

91

Israel

IL

95

 

Turkey

TR

75

Italy

I

83 (3)

 

Turkmenistan

TM

67

Japan

J

42

 

Ukraine

UA

22

Kazakhstan

KZ

27

 

United Kingdom

GB

70

Kyrgyzstan

KS

59

 

Uzbekistan

UZ

29

Latvia

LV

25

 

Vietnam

VN (1)

32

Lebanon

RL

98

 

(1)

In accordance with the alphabetical coding system described in Appendix 4 to the 1949 convention and Article 45(4) of the 1968 convention on road traffic.

(2)

Bosnia-Herzegovina uses 2 specific railway codes. A numerical country code 49 is reserved.

(3)

And specific code (*) 64 for FNME (Ferrovie Nord Milano Esercizio)

(4)

And specific code (*) 63 for BLS (Bern–Lötschberg–Simplon Eisenbahn) was used for vehicles authorised before 2007.

(5) (6)

And specific code (*) 43 for GySEV/ROeEE (Győr-Sopron-Ebenfurti Vasút Részvénytársaság/Raab-Ödenburg-Ebenfurter Eisenbahn) was used for vehicles authorised before 2007.

(7)

And specific code (*) 68 for AAE (Ahaus Alstätter Eisenbahn).

(*)

Any new vehicles registered in EVR for AAE, BLS, FNME or GySEV/ROeEE are to be given the standard country code. The EVR IT system shall consider both codes (main country code and specific code) as relating to the same country.

Liechtenstein

FL

 

 

PART 5

Not used

PART 6

Interoperability codes used for wagons (digits 1-2)

 

 

2nd digit

0

1

2

3

4

5

6

7

8

9

2nd digit

 

1st digit

 

 

1st digit

 

 

Track Gauge

fixed or variable

fixed

variable

fixed

variable

fixed

variable

fixed

variable

fixed or variable

Track Gauge

 

Wagons conform to TSI WAG (1) including section 7.1.2 and all conditions set out in Appendix C

0

with axles

Not to be used

wagons

not to be used (3)

PPV/PPW wagons

(variable gauge)

with axles

0

1

with bogies

with bogies

1

2

with axles

wagons

PPV/PPWwagons

(fixed gauge)

with axles

2

3

with bogies

with bogies

3

Other wagons

4

with axles (2)

maintenance related wagons

Other wagons

Wagons with special numbering for technical characteristics not placed in service inside EU

with axles (2)

4

8

with bogies (2)

with bogies (2)

8

 

 

 

 

 

 

 

1st digit

 

0

1

2

3

4

5

6

7

8

9

 

1st digit

 

2nd digit

2nd digit

 

PART 7

International traffic ability codes used for hauled passenger vehicles (digits 1-2)

 

Domestic traffic

TEN (4) and/or COTIF (5) and/or PPV/PPW

Domestic traffic or international traffic by special agreement

TEN (4) and/or COTIF (5)

PPV/PPW

 

2nd digit

0

1

2

3

4

5

6

7

8

9

1st digit

 

5

Vehicles for domestic traffic

Fixed-gauge non air-conditioned vehicles (including car-carrying wagons)

Gauge-adjustable (1435/1520) non-air-conditioned vehicles

Not to be used

Gauge-adjustable (1435/1668) non-air-conditioned vehicles

Historical vehicles

Not to be used (6)

Fixed-gauge vehicles

Gauge-adjustable (1435/1520) vehicles with change of bogies

Gauge-adjustable (1435/1520) vehicles with gauge-adjustable axles

6

Service vehicles

Fixed-gauge air-conditioned vehicles

Gauge-adjustable (1435/1520) air-conditioned vehicles

Service vehicles

Gauge-adjustable (1435/1668) air-conditioned vehicles

Car-carrying wagons

Not to be used (6)

7

Air-conditioned and pressure-tight vehicles

Not to be used

Not to be used

Pressure-tight fixed-gauge air-conditioned vehicles

Not to be used

Other vehicles

Not to be used

Not to be used

Not to be used

Not to be used

PART 8

Types of tractive rolling stock and units in a trainset in fixed or pre- defined formation (digits 1-2)

The first digit shall be ‘9’.

If the second digit shall describe the type of tractive stock, following coding is mandatory:

Code

General vehicle type

0

Miscellaneous

1

Electric locomotive

2

Diesel locomotive

3

Electric multiple-unit set (high speed) [power car or trailer]

4

Electric multiple-unit set (except high speed) [power car or trailer]

5

Diesel multiple-unit set [power car or trailer]

6

Specialised trailer,

7

Electric shunting engine

8

Diesel shunting engine

9

Special vehicle

PART 9

Standard numerical marking of wagons (digits 5 to 8)

The Agency shall manage the numerical marking associated to the main technical characteristics of the wagon and publish them on its website (www.era.europa.eu).

An application for a new code shall be filed with the registration entity, which shall send it to the Agency. A new code may be used only after publication by the Agency.

PART 10

Codes for the technical characteristics of the hauled passenger stock (digits 5-6)

The Agency shall manage the codes for the technical characteristics of the hauled passenger stock and publish them on its website (www.era.europa.eu).

An application for a new code shall be filed with the registration entity, which shall send it to the Agency. A new code may be used only after publication by the Agency.

PART 11

Codes for the technical characteristics of the special vehicles (digit 6 to 8)

The Agency shall manage the codes for the technical characteristics of special vehicles and publish them on its website (www.era.europa.eu).

An application for a new code shall be filed with the registration entity, which shall send it to the Agency. A new code may be used only after publication by the Agency.

PART 12

Letter marking for wagons

The Agency shall manage the codes for letter marking for wagons (except articulated and multiple wagons) and publish them on its website (www.era.europa.eu).

An application for a new code shall be filed with the registration entity, which shall send it to the Agency. A new code may be used only after publication by the Agency.

PART 13

Letter marking for hauled passenger stock

The Agency shall manage the codes for letter marking for hauled passenger stock and publish them on its website (www.era.europa.eu).

An application for a new code shall be filed with the registration entity, which shall send it to the Agency. A new code may be used only after publication by the Agency.


(1)  For special vehicles, the number has to be unique in a given country with the first digit and the 5 last digits of the technical characteristics and serial number.

(2)  For NMBS/SNCB, the use of an encircled single letter B may be continued.

(3)  Diacritical marks are ‘accent-signs’, such as in À, Ç, Ö, Č, Ž, Å etc. Special letters such as Ø and Æ will be represented by a single letter; in tests for uniqueness Ø is treated as O and Æ as A.

(1)  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).

(2)  Fixed or variable gauge.

(3)  Except for wagons in category I (temperature-controlled wagons), not to be used for new vehicles authorised placed in service.

(4)  Compliance with the applicable TSIs, see Appendix H, Part 6 of Commission Regulation (EU) 2015/995 of 8 June 2015 amending Decision 2012/757/EU concerning the technical specification for interoperability relating to the ‘operation and traffic management’ subsystem of the rail system in the European Union (OJ L 165, 30.6.2015, p. 1).

(5)  Including vehicles, which according to existing regulations carry the digits defined in the present table. COTIF: vehicle compliant with COTIF regulation in force at the moment of placing in service.

(6)  Excepted for coaches with fixed gauge (56) and adjustable gauge (66) already in service, not to be used for new vehicles


Corrigenda

26.10.2018   

EN

Official Journal of the European Union

L 268/92


Corrigendum to Council Implementing Regulation (EU) 2018/1285 of 24 September 2018 implementing Article 21(5) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya

( Official Journal of the European Union L 240 of 25 September 2018 )

On page 6, the Annex, point 4:

for:

‘24.

Name: 1: MUS'AB 2: MUSTAFA 3: ABU AL QUASSIM 4: OMAR’,

read:

‘24.

Name: 1: MUS'AB 2: MUSTAFA 3: ABU AL QASSIM 4: OMAR’.

26.10.2018   

EN

Official Journal of the European Union

L 268/92


Corrigendum to Council Implementing Decision (CFSP) 2018/1290 of 24 September 2018 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya

( Official Journal of the European Union L 240 of 25 September 2018 )

On page 65, Annex, point (4):

for:

‘24.

Name: 1: MUS'AB 2: MUSTAFA 3: ABU AL QUASSIM 4: OMAR’,

read:

‘24.

Name: 1: MUS'AB 2: MUSTAFA 3: ABU AL QASSIM 4: OMAR’.

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