(1)

Commission Regulation (EC) No 891/2009 (2) opened annual tariff quotas for imports of sugar products.

(2)

The submission of applications for import licences under order number 09.4320 was suspended from 28 September 2016 by Commission Implementing Regulation (EU) 2016/1728 (3).

(3)

Commission Implementing Regulation (EU) 2017/1085 (4) increased the annual quantity for that order number. The suspension of applications should therefore be lifted.

(4)

In order to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

(1)

It is appropriate to set out common standard forms, templates and procedures to ensure a common understanding and enforcement among Member States' competent authorities of the authorisation process regarding the provision of data reporting services as well as to ensure efficient information flows. In order to facilitate communications between the applicant and the competent authority, competent authorities should designate a contact point and should publish the information on that contact point on their website.

(2)

The organisational requirements for approved publication arrangements, consolidated tape providers and approved reporting mechanisms differ from each other in some respects. As a result, an applicant should only be required to include in its application the information needed for assessing the application for the data reporting service it intends to provide.

(3)

In order to allow competent authorities to assess whether changes to the management body of a data reporting services provider may pose a threat to the effective, sound and prudent management of the data reporting services provider and to adequately take into consideration of the interests of its clients and the integrity of the market, it is appropriate to set out clear time limits for the submission of information on those changes.

(4)

Data reporting services providers should be able to submit information on a change to the management body after that change takes effect where the change is due to factors beyond the control of the data reporting services provider.

(5)

For reasons of consistency and in order to ensure the smooth functioning of the financial markets, it is necessary that the provisions laid down in this Regulation and the provisions laid down in Directive 2014/65/EU apply from the same date.

(6)

This Regulation is based on the draft implementing technical standards submitted by the European Securities and Markets Authority (ESMA) to the Commission.

(7)

ESMA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based. ESMA has not analysed potential related costs and benefits as this would have been disproportionate in relation to their scope and impact.

(8)

ESMA has requested the opinion of the Securities and Markets Stakeholder Group established by Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (2),

(1)

It is appropriate to set out common procedures and forms for competent authorities to submit information to the European Securities and Markets Authority (ESMA) on sanctions and measures referred to in Article 71 of Directive 2014/65/EU.

(2)

In order to facilitate the communication between competent authorities and ESMA and avoid unnecessary delays or failed submissions, each competent authority should designate a contact point specifically for the purpose of communication on sanctions and measures.

(3)

To ensure that all required information concerning sanctions and measures imposed by competent authorities is correctly identified and registered by ESMA, competent authorities should provide detailed and harmonised information using specific forms to that purpose.

(4)

With a view to including meaningful information in the annual report on sanctions and measures to be published by ESMA in accordance with Article 71 of Directive 2014/65/EU, competent authorities should report the information by using specific forms clearly indicating the provisions of Directive 2014/65/EU, as transposed in their national legislation, that were infringed.

(5)

For reasons of consistency and in order to ensure the smooth functioning of the financial markets, it is necessary that the provisions laid down in this Regulation and the related national provisions transposing Directive 2014/65/EU apply from the same date.

(6)

This Regulation is based on the draft implementing technical standards submitted by ESMA to the Commission.

(7)

ESMA did not conduct open public consultations on the draft implementing technical standards on which this Regulation is based, nor did it analyse potential related costs and benefits of introducing the standard forms and procedures for the relevant competent authorities, as this would have been disproportionate in relation to their scope and impact, taking into account that the addressees of the implementing technical standards would only be the national competent authorities of the Member States and not market participants.

(8)

ESMA has requested the opinion of the Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (2),

(1)

Pursuant to Article 27(1)(a) of Directive 92/83/EEC, Member States are required to exempt from excise duty alcohol which has been completely denatured in accordance with the requirements of any Member State, provided that those requirements have been duly notified and accepted in accordance with the conditions laid down in paragraphs 3 and 4 of that Article.

(2)

Denaturants which are employed in each Member State for the purposes of the complete denaturing of alcohol as referred to in Article 27(1)(a) of Directive 92/83/EEC are described in the Annex to Commission Regulation (EC) No 3199/93 (2).

(3)

Commission Implementing Regulation (EU) 2016/1867 (3) amended Regulation (EC) No 3199/93 by introducing a single common procedure for the complete denaturing of alcohol. That common procedure involved the use, per hectolitre of absolute ethanol, of one litre of isopropyl alcohol (IPA), one litre of methyl ethyl ketone (MEK) and one gram of denatonium benzoate. It was also intended to replace all of the various national denaturing procedures, in order to prevent evasion, avoidance and abuse.

(4)

The procedure followed in adopting Implementing Regulation (EU) 2016/1867 was not in accordance with Article 27(3) and (4) of Directive 92/83/EEC. This Implementing Regulation should therefore be repealed.

(5)

On or before 15 March 2017 certain Member States communicated to the Commission the denaturants for the complete denaturing of alcohol which they intend to employ for the purposes of Article 27(1)(a) from 1 August 2017.

(6)

The Commission transmitted the communications received to the other Member States at the latest on 15 March 2017.

(7)

One Member State raised an objection as referred to in Article 27(4) of Directive 92/83/EEC on the ground that the procedure for the complete denaturing of alcohol containing one litre of isopropyl alcohol (IPA), one litre of methyl ethyl ketone (MEK) and one gram of denatonium benzoate per hectolitre of absolute ethanol is open to misuse and therefore does not fulfil the requirements of Article 27(1) of Directive 92/83/EEC with regard to preventing any evasion, avoidance or abuse.

(8)

In respect of Member States that did not communicate their intention to use new denaturants, the procedures already contained in the Annex to Regulation (EC) No 3199/93 before it was amended by Implementing Regulation (EU) 2016/1867 should continue to apply.

(9)

Procedures which are no longer included in the Annex to Regulation (EC) No 3199/93 may be used in a Member State in which they are authorised, for the production of denatured alcohol to be used in the manufacture of any product not for human consumption, pursuant to Article 27(1)(b) of Directive 92/83/EEC.

(10)

Regulation (EC) No 3199/93 should therefore be amended accordingly.

(11)

In order to avoid any doubt about the applicable provisions in these specific circumstances, Implementing Regulation (EU) 2016/1867 should be explicitly repealed.

(12)

For reasons of legal certainty this Regulation should apply from the same date as Implementing Regulation (EU) 2016/1867 and should therefore enter into force as a matter of urgency.

(13)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Excise Duties,

(1)

Commission Directive 2004/30/EC (2) included benzoic acid as an active substance in Annex I to Council Directive 91/414/EEC (3).

(2)

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

(3)

The approval of the active substance benzoic acid, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 31 January 2018.

(4)

An application for the renewal of the approval of benzoic acid was submitted in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) within the time period provided for in that Article.

(5)

The applicant submitted the supplementary dossiers required in accordance with Article 6 of Implementing Regulation (EU) No 844/2012. The application was found to be complete by the rapporteur Member State.

(6)

The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (‘the Authority’) and the Commission on 4 January 2016.

(7)

The Authority communicated the renewal assessment report to the applicant and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.

(8)

On 30 November 2016 the Authority communicated to the Commission its conclusion (6) on whether benzoic acid can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented the draft renewal report for benzoic acid to the Standing Committee on Plants, Animals, Food and Feed on 24 January 2017.

(9)

The applicant was given the possibility to submit comments on the renewal report.

(10)

It has been established with respect to one or more representative uses of at least one plant protection product containing benzoic acid that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied.

(11)

It is therefore appropriate to renew the approval of benzoic acid.

(12)

The risk assessment for the renewal of the approval of benzoic acid is based on a limited number of representative uses, which however do not restrict the uses for which plant protection products containing benzoic acid may be authorised. It is therefore appropriate not to maintain the restriction for use only as a disinfectant.

(13)

In accordance with Article 14(1) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, however, it is necessary to include certain conditions.

(14)

In accordance with Article 20(3) of Regulation (EC) No 1107/2009, in conjunction with Article 13(4) thereof, the Annex to Implementing Regulation (EU) No 540/2011 should be amended accordingly.

(15)

Commission Implementing Regulation (EU) 2016/2016 (7) extended the approval period of benzoic acid to 31 January 2018 in order to allow the renewal process to be completed before the expiry of the approval of that substance. However, given that a decision on renewal has been taken ahead of this extended expiry date, this Regulation should apply from 1 September 2017.

(16)

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

(1)

Commission Directive 2003/31/EC (2) included pendimethalin as an active substance in Annex I to Council Directive 91/414/EEC (3).

(2)

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

(3)

The approval of the active substance pendimethalin, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 31 July 2017.

(4)

An application for the renewal of the approval of pendimethalin was submitted in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) within the time period provided for in that Article.

(5)

The applicant submitted the supplementary dossiers required in accordance with Article 6 of Implementing Regulation (EU) No 844/2012. The application was found to be complete by the rapporteur Member State.

(6)

The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (‘the Authority’) and the Commission on 4 February 2015.

(7)

The Authority communicated the renewal assessment report to the applicant and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.

(8)

On 17 March 2016 the Authority communicated to the Commission its conclusion on whether pendimethalin can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 (6). The Commission presented the draft renewal report for pendimethalin to the Standing Committee on Plants, Animals, Food and Feed on 6 December 2016.

(9)

The applicant was given the possibility to submit comments on the draft renewal report.

(10)

It has been established with respect to one or more representative uses of at least one plant protection product containing pendimethalin that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied. It is therefore appropriate to renew the approval of pendimethalin.

(11)

The risk assessment for the renewal of the approval of pendimethalin is based on a limited number of representative uses, which however do not restrict the uses for which plant protection products containing pendimethalin may be authorised. It is therefore appropriate to remove the restriction for use only as a herbicide.

(12)

The Commission however considers that pendimethalin is a candidate for substitution pursuant to Article 24 of Regulation (EC) No 1107/2009. Pendimethalin is a persistent and toxic substance in accordance with points 3.7.2.1 and 3.7.2.3 respectively, of Annex II to Regulation (EC) No 1107/2009, given that the half-life in soil is greater than 120 days and the long-term no-observed-effect concentration for freshwater organisms is less than 0,01 mg/L. Pendimethalin therefore fulfils the condition set in the second indent of point 4 of Annex II to Regulation (EC) No 1107/2009.

(13)

It is therefore appropriate to renew the approval of pendimethalin as a candidate for substitution.

(14)

In accordance with Article 14(1) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions. In particular, it is appropriate to require further confirmatory information.

(15)

In accordance with Article 20(3) of Regulation (EC) No 1107/2009, in conjunction with Article 13(4) thereof, the Annex to Implementing Regulation (EU) No 540/2011 should be amended accordingly.

(16)

Commission Implementing Regulation (EU) 2017/841 (7) extended the approval period pendimethalin to 31 July 2018 in order to allow the renewal process to be completed before the expiry of the approval of that substance. However, given that a decision on renewal has been taken ahead of this extended expiry date, this Regulation shall apply from 1 September 2017.

(17)

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

(1)

Commission Directive 2003/119/EC (2) included propoxycarbazone as an active substance in Annex I to Council Directive 91/414/EEC (3).

(2)

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

(3)

The approval of the active substance propoxycarbazone, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 31 January 2018.

(4)

An application for the renewal of the approval of propoxycarbazone was submitted in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) within the time period provided for in that Article.

(5)

The applicant submitted the supplementary dossiers required in accordance with Article 6 of Implementing Regulation (EU) No 844/2012. The application was found to be complete by the rapporteur Member State.

(6)

The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (‘the Authority’) and the Commission on 19 November 2015.

(7)

The Authority communicated the renewal assessment report to the applicant and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.

(8)

On 19 October 2016 the Authority communicated to the Commission its conclusion (6) on whether propoxycarbazone (variant evaluated propoxycarbazone-sodium) can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented the draft renewal report for propoxycarbazone-sodium to the Standing Committee on Plants, Animals, Food and Feed on 23 January 2017.

(9)

The applicant was given the possibility to submit comments on the renewal report.

(10)

It has been established with respect to one or more representative uses of at least one plant protection product containing propoxycarbazone that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied.

(11)

It is therefore appropriate to renew the approval of propoxycarbazone.

(12)

The risk assessment for the renewal of the approval of propoxycarbazone is based on a limited number of representative uses, which however do not restrict the uses for which plant protection products containing propoxycarbazone may be authorised. It is therefore appropriate not to maintain the restriction for use only as a herbicide.

(13)

In accordance with Article 14(1) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, however, it is necessary to include certain conditions and restrictions. In particular, it is appropriate to require further confirmatory information.

(14)

In accordance with Article 20(3) of Regulation (EC) No 1107/2009, in conjunction with Article 13(4) thereof, the Annex to Implementing Regulation (EU) No 540/2011 should be amended accordingly.

(15)

Commission Implementing Regulation (EU) 2016/2016 (7) extended the approval period of propoxycarbazone to 31 January 2018 in order to allow the renewal process to be completed before the expiry of the approval of that substance. However, given that a decision on renewal has been taken ahead of this extended expiry date, this Regulation should apply from 1 September 2017.

(16)

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

(1)

Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.

(2)

In the light of the tenders received for the tenth partial invitation to tender, a minimum selling price should be fixed.

(3)

The Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit laid down by its Chair,

(1)

Commission Implementing Regulation (EU) 2015/2077 (2) opened annual tariff quotas for imports of eggs and egg albumin originating in Ukraine.

(2)

The quantities covered by the applications for import licences lodged from 1 to 7 June 2017 for the subperiod from 1 July to 30 September 2017 are less than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the next quota subperiod.

(3)

In order to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

(1)

Commission Implementing Regulation (EU) 2015/2078 (2) opened annual tariff quotas for imports of poultrymeat products originating in Ukraine.

(2)

For the quota with order number 09.4273, the quantities covered by the applications for import licences lodged from 1 to 7 June 2017 for the subperiod from 1 July to 30 September 2017 exceed those available. The extent to which import rights may be allocated should therefore be determined and an allocation coefficient laid down to be applied to the quantities applied for, calculated in accordance with Article 6(3) in conjunction with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

(3)

In order to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

(1)

Commission Regulation (EC) No 2535/2001 (2) opened annual tariff quotas for imports of products of the milk and milk products sector.

(2)

For some quotas, the quantities covered by the applications for import licences lodged from 1 June 2017 to 10 June 2017 for the subperiod from 1 July 2017 to 31 December 2017 exceed those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

(3)

The quantities covered by the applications for import licences lodged from 1 June 2017 to 10 June 2017 for the subperiod from 1 July 2017 to 31 December 2017 are, for some quotas, less than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod.

(4)

In order to ensure the efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

(1)

Commission Regulation (EC) No 442/2009 (2) opened annual tariff quotas for imports of pigmeat products. The quotas listed in Part B of Annex I to that Regulation are managed using the simultaneous examination method.

(2)

The quantities covered by import licence applications lodged from 1 to 7 June 2017 for the subperiod 1 July to 30 September 2017 are smaller than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod.

(3)

In order to ensure the efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

(1)

On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

(2)

A member's seat on the Committee of the Regions has become vacant following the end of the mandate on the basis of which Mr Christian BUCHMANN (Regierungsmitglied mit politischer Verantwortung gegenüber dem Landtag (Mitglied der Steirischen Landesregierung)) was proposed,

—

Mag. Christian BUCHMANN, Mitglied des steiermärkischen Landtages (change of mandate).

(1)

On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 18 September 2015, by Council Decision (EU) 2015/1571 (4), Mr Alberto GARRE LÓPEZ was replaced by Mr Pedro Antonio SÁNCHEZ LÓPEZ as a member.

(2)

A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Pedro Antonio SÁNCHEZ LÓPEZ,

—

Mr Fernando LÓPEZ MIRAS, Presidente Región de Murcia.