14.11.2017   

EN

Official Journal of the European Union

L 295/1

(1)

In accordance with Article 6(2) of the Act of Accession of the Republic of Croatia, the accession of Croatia to, inter alia, the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (2) (‘the Agreement’) is to be agreed by means of a protocol to that Agreement (‘the Protocol’). Pursuant to the Agreement, a simplified procedure is to apply to such accessions, whereby a protocol is to be concluded by the Council, acting unanimously on behalf of the Member States, and by the third country concerned.

(2)

On 14 September 2012, the Council authorised the Commission to open negotiations with the third countries concerned in view of the accession of Croatia to the Union. The negotiations with Chile were successfully concluded and the Protocol was signed, on behalf of the European Union and its Member States, on 29 June 2017 in Brussels.

(3)

The Protocol should be approved,

14.11.2017   

EN

Official Journal of the European Union

L 295/3

(1)

Council Regulation (EC) No 2580/2001 (2) gives effect to Common Position 2001/931/CFSP (3).

(2)

Decision (CFSP) 2017/2073 deletes one entity from the list referred to in Article 2(3) of Regulation (EC) No 2580/2001.

(3)

Regulatory action at the level of the Union is necessary, in particular with a view to ensuring its uniform application by economic operators in all Member States.

(4)

Regulation (EC) No 2580/2001 should therefore be amended accordingly,

14.11.2017   

EN

Official Journal of the European Union

L 295/4

(1)

Council Regulation (EU) 2017/1509 (2) gives effect to measures provided for in Decision (CFSP) 2016/849.

(2)

On 16 October 2017, the Council decided to further expand the ban on EU investment in and/or with DPRK to all sectors, lower the amount of personal remittances that could be sent to DPRK from EUR 15 000 to EUR 5 000 and to impose an oil export ban to DPRK.

(3)

Council Regulation (EU) 2017/1858 (3) amended Regulation (EU) 2017/1509 to give effect to the measures provided for in Decision (CFSP) 2016/849.

(4)

The Council also invited the Commission to review the list of luxury goods, subject to an import and export ban, in consultation with Member States.

(5)

These measures fall within the scope of the Treaty and, therefore, in particular with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary.

(6)

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

14.11.2017   

EN

Official Journal of the European Union

L 295/21

(1)

In view of the continuing deterioration of democracy, the rule of law and human rights in Venezuela, the Union has repeatedly expressed concern and called on all Venezuelan political actors and institutions to work in a constructive manner towards a solution to the crisis in the country while fully respecting the rule of law and human rights, democratic institutions and the separation of powers.

(2)

On 13 November 2017, the Council adopted Decision (CFSP) 2017/2074, providing for, inter alia, a ban on the export of arms and equipment which might be used for internal repression, a ban on the export of surveillance equipment and the freezing of funds and economic resources of certain persons, entities and bodies responsible for serious human rights violations or abuses or the repression of civil society and democratic opposition and persons, entities and bodies whose actions, policies or activities otherwise undermine democracy or the rule of law in Venezuela, as well as persons, entities and bodies associated with them.

(3)

Certain measures provided for in Decision (CFSP) 2017/2074 fall within the scope of the Treaty and therefore, with a view, in particular, to ensuring their uniform application by economic operators in all Member States, regulatory action at the level of the Union is necessary in order to implement them.

(4)

This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular the right to an effective remedy and a fair trial and the right to the protection of personal data. This Regulation should be applied in accordance with those rights.

(5)

The power to amend the lists in Annexes IV and V to this Regulation should be exercised by the Council in order to ensure consistency with the process for amending and reviewing Annexes I and II to Decision (CFSP) 2017/2074.

(6)

For the implementation of this Regulation, and in order to create maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources are to be frozen in accordance with this Regulation should be made public. Any processing of personal data should comply with Regulation (EC) No 45/2001 of the European Parliament and of the Council (2) and Directive 95/46/EC of the European Parliament and of the Council (3).

(7)

Member States and the Commission should inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connection with this Regulation.

(8)

Member States should determine the penalties applicable to infringements of this Regulation. The penalties should be effective, proportionate and dissuasive.

(9)

In order to ensure that the measures provided for in this Regulation are effective, it should enter into force immediately,

(a)

‘claim’ means any claim, whether asserted by legal proceedings or not, made before, on or after the date of entry into force of this Regulation, under or in connection with a contract or transaction, and includes in particular:

(b)

‘contract or transaction’ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose, ‘contract’ includes a bond, guarantee or indemnity, in particular a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;

(c)

‘competent authorities’ refers to the competent authorities of the Member States as identified on the websites listed in Annex III;

(d)

‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds, but may be used to obtain funds, goods or services;

(e)

‘freezing of economic resources’ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;

(f)

‘freezing of funds’ means preventing any move, transfer, alteration or use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character or destination or other change that would enable the funds to be used, including portfolio management;

(g)

‘funds’ means financial assets and benefits of every kind, including, but not limited to:

(h)

‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills, or consulting services, including verbal forms of assistance;

(i)

‘brokering services’ means:

(j)

‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace.

(a)

to provide, directly or indirectly, technical assistance, brokering services and other services related to the goods and technology listed in the EU Common List of Military Equipment (‘the Common Military List’) and to the provision, manufacture, maintenance and use of goods and technology listed in the Common Military List to any natural or legal person, entity or body in, or for use in, Venezuela;

(b)

to provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in the Common Military List, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services and other services, directly or indirectly to any person, entity or body in, or for use in, Venezuela.

(a)

to sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression as listed in Annex I, whether or not originating in the Union, to any natural or legal person, entity or body in, or for use in, Venezuela;

(b)

to provide technical assistance and brokering and other services related to the equipment referred to in point (a), directly or indirectly to any natural or legal person, entity or body in, or for use in, Venezuela;

(c)

to provide financing or financial assistance, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, related to the equipment referred to in point (a), directly or indirectly to any natural or legal person, entity or body in, or for use in, Venezuela.

(a)

the provision of financing and financial assistance and technical assistance related to:

(b)

the sale, supply, transfer or export of equipment which might be used for internal repression and associated financing and financial and technical assistance, intended solely for humanitarian or protective use or for institution-building programmes of the UN or the Union, or for crisis-management operations of the UN and the Union or of regional and subregional organisations;

(c)

the sale, supply, transfer or export of demining equipment and materiel for use in demining operations and associated financing and financial and technical assistance.

(a)

to provide, directly or indirectly, technical assistance or brokering services related to the equipment, technology and software identified in Annex II, or related to the installation, provision, manufacture, maintenance and use of the equipment and technology identified in Annex II or to the provision, installation, operation or updating of any software identified in Annex II, to any person, entity or body in Venezuela or for use in Venezuela;

(b)

to provide, directly or indirectly, financing or financial assistance related to the equipment, technology and software identified in Annex II to any person, entity or body in Venezuela or for use in Venezuela;

(c)

to provide any telecommunication or internet monitoring or interception services of any kind to, or for the direct or indirect benefit of, Venezuela's government, public bodies, corporations and agencies or any person or entity acting on their behalf or at their direction.

(a)

natural or legal persons, entities and bodies responsible for serious human rights violations or abuses or the repression of civil society and democratic opposition in Venezuela;

(b)

natural or legal persons, entities and bodies whose actions, policies or activities otherwise undermine democracy or the rule of law in Venezuela.

(a)

necessary to satisfy the basic needs of natural and legal persons listed in Annex IV or V, and dependent family members of such natural persons, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and public utility charges;

(b)

intended exclusively for payment of reasonable professional fees or reimbursement of incurred expenses associated with the provision of legal services;

(c)

intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources;

(d)

necessary for extraordinary expenses, provided that the relevant competent authority has notified the grounds on which it considers that a specific authorisation should be granted to the competent authorities of the other Member States and to the Commission at least two weeks prior to authorisation; or

(e)

to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, insofar as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation.

(a)

the funds or economic resources are subject to an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in Article 8 was included in Annex IV or V, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to, on or after that date;

(b)

the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

(c)

the decision is not for the benefit of a natural or legal person, entity or body listed in Annex IV or V; and

(d)

recognising the decision is not contrary to public policy in the Member State concerned.

(a)

the funds or economic resources are to be used for a payment by a natural or legal person, entity or body listed in Annex IV or V;

(b)

the payment is not in breach of Article 8(2)

(a)

interest or other earnings on those accounts;

(b)

payments due under contracts, agreements or obligations that were concluded or arose before the date on which the natural or legal person, entity or body referred to in Article 8 was included in Annex IV or V; or

(c)

payments due under judicial, administrative or arbitral decisions rendered in a Member State or enforceable in the Member State concerned.

(a)

supply immediately any information which would facilitate compliance with this Regulation, such as information on accounts and amounts frozen in accordance with Article 8, to the competent authority of the Member State where they are resident or located, and shall transmit such information, directly or through the Member State, to the Commission; and

(b)

cooperate with the competent authority in any verification of the information referred to in point (a).

(a)

designated natural or legal persons, entities or bodies listed in Annexes IV and V;

(b)

any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a).

(a)

funds frozen under Article 8 and authorisations granted under Articles 9 to 11;

(b)

violation and enforcement problems and judgments handed down by national courts.

(a)

within the territory of the Union, including its airspace;

(b)

on board any aircraft or any vessel under the jurisdiction of a Member State;

(c)

to any person inside or outside the territory of the Union who is a national of a Member State;

(d)

to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State;

(e)

to any legal person, entity or body in respect of any business done in whole or in part within the Union.

14.11.2017   

EN

Official Journal of the European Union

L 295/38

(1)

On 4 August 2017, the Council adopted Implementing Regulation (EU) 2017/1420 (2), implementing Article 2(3) of Regulation (EC) No 2580/2001 and establishing an updated list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies (‘the list’).

(2)

The Council has determined that there are no longer grounds for keeping one entity on the list.

(3)

The list should therefore be updated accordingly,

14.11.2017   

EN

Official Journal of the European Union

L 295/40

(1)

The active substance 8-hydroxyquinoline was approved in accordance with Regulation (EC) No 1107/2009 by Commission Implementing Regulation (EU) No 993/2011 (2) and is listed in Part B of the Annex to Commission Implementing Regulation (EU) No 540/2011 (3). In accordance with row 18 of Part B of the Annex to Implementing Regulation (EU) No 540/2011, only uses as fungicide and bactericide in greenhouses may be authorised.

(2)

On 31 January 2014, Probelte S.A.U, at whose request 8-hydroxyquinoline had been approved, submitted an application in accordance with Article 7 of Regulation (EC) No 1107/2009 for an amendment to the conditions of approval of the active substance 8-hydroxyquinoline in order to remove the restriction to greenhouse applications and to allow uses of plant protection products containing 8-hydroxyquinoline in fields. The dossier containing information related to the requested extension of uses was submitted to Spain, which had been designated rapporteur Member State by Commission Regulation (EC) No 1490/2002 (4).

(3)

Spain assessed the information submitted by the applicant and prepared an addendum to the draft assessment report. It submitted that addendum to the Commission, with a copy to the European Food Safety Authority (‘the Authority’), on 25 March 2015.

(4)

The Authority circulated the addendum to the applicant and the other Member States and made it available to the public, granting a period of 60 days for the submission of written comments.

(5)

Taking into account the addendum to the draft assessment report, the Authority adopted its conclusion on 8-hydroxyquinoline on 29 April 2016 (5), as regards unrestricted outdoor uses thereof.

(6)

In parallel, Spain submitted a proposal for a harmonised classification and labelling of 8-hydroxyquinoline to the European Chemicals Agency (ECHA) pursuant to Article 37 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council (6). The Committee for Risk Assessment of ECHA issued an opinion (7) on that proposal concluding that this active substance should be classified as toxic for reproduction Category 1B.

(7)

The Authority identified in its conclusion that some toxic effects were observed on endocrine organs. Therefore 8-hydroxyquinoline should also be regarded as having endocrine-disrupting properties. The Authority communicated its conclusion to the applicant, the Member States and the Commission and made it available to the public.

(8)

Taking into account the addendum to the draft assessment report by the rapporteur Member State, the opinion of the Risk Assessment Committee of ECHA and the conclusion of the Authority, the Commission presented an addenddum to the review report and a draft Regulation to the Standing Committee on Plants, Animals, Food and Feed on 6 October 2017.

(9)

The applicant was given the possibility to submit comments on the addendum to the review report for 8-hydroxyquinoline. The applicant submitted its comments, which have been carefully examined. However, despite the arguments put forward by the applicant, the concerns referred to in recitals 6 and 7 could not be eliminated.

(10)

Consequently, it has not been demonstrated that it may be expected that plant protection products containing 8-hydroxyquinoline satisfy in general the requirements laid down in Article 4 of Regulation (EC) No 1107/2009 unless the restrictions currently provided for that active substance are kept.

(11)

The evaluation of the request of the applicant to amend the condition of approval cannot be considered as a review of the approval of 8-hydroxyquinoline. Therefore the conditions of approval of the active substance 8-hydroxyquinoline, as set out in row 18 of Part B of the Annex to Implementing Regulation (EU) No 540/2011, should remain unchanged, and be confirmed.

(12)

Pursuant to Article 80(7) of Regulation (EC) No 1107/2009 Commission Implementing Regulation (EU) 2015/408 (8) provides for the list of substances included in Annex I to Council Directive 91/414/EEC (9) or approved under Regulation (EC) No 1107/2009 pursuant to the transitional provisions of Article 80(1) of Regulation (EC) No 1107/2009, which satisfy the criteria set out in point 4 of Annex II to Regulation (EC) No 1107/2009 (‘the list of candidates for substitution’). As 8-hydroxyquinoline, approved pursuant to paragraphs (1) and (2) of Article 80 of Regulation (EC) No 1107/2009, also satisfies the criteria set out in sixth and seventh indent of point 4 of Annex II to Regulation (EC) No 1107/2009, it is appropriate to include that active substance in that list. Implementing Regulation (EU) 2015/408 should therefore be amended accordingly.

(13)

Member States should be provided with a reasonable period to adapt to the provisions of this Regulation as some applications for authorisation of plant protection products containing 8-hydroxyquinoline may be close to finalisation without any possibility to conduct the comparative assessment within the deadline provided by Article 37 of the Regulation (EC) No 1107/2009. The obligation to conduct comparative assessment for plant protection products containing candidates for substitution is provided for in Article 50(4) of Regulation (EC) No 1107/2009.

(14)

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

14.11.2017   

EN

Official Journal of the European Union

L 295/43

(1)

In accordance with Article 23(3) of Regulation (EC) No 1107/2009, the Commission received on 6 June 2016 an application from the Institut Technique de l'Agriculture Biologique (ITAB) (France) for the approval of mustard seeds powder as a basic substance. That application was accompanied by the information required by the second subparagraph of Article 23(3) of Regulation (EC) 1107/2009.

(2)

The Commission asked the European Food Safety Authority (hereinafter ‘the Authority’) for scientific assistance. The Authority presented to the Commission a Technical Report on the mustard seeds powder on 20 January 2017 (2). The Commission presented the draft review report (3) and a draft of this Regulation to the Standing Committee on Plants, Animals, Food and Feed on 20 July 2017 and finalised them for the meeting of that Committee on 6 October 2017.

(3)

The documentation provided by the applicant shows that mustard seeds powder fulfils the criteria of a foodstuff as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (4). Moreover, it is not predominantly used for plant protection purposes but nevertheless is useful in plant protection in a product consisting of the substance and water. Consequently, it is to be considered as a basic substance.

(4)

It has appeared from the examinations made that mustard seeds powder may be expected to satisfy, in general, the requirements laid down in Article 23 of Regulation (EC) No 1107/2009, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve mustard seeds powder as a basic substance.

(5)

In accordance with Article 13(2) 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.

(6)

In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 (5) should be amended accordingly.

(7)

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

14.11.2017   

EN

Official Journal of the European Union

L 295/47

(1)

In accordance with Article 23(3) of Regulation (EC) No 1107/2009, the Commission received on 19 June 2015 an application from Group Peyraud Nature for the approval of Capsicum spp. spice as a basic substance. That application was accompanied by the information required under the second subparagraph of Article 23(3) of Regulation (EC) No 1107/2009.

(2)

The Commission asked the European Food Safety Authority (‘the Authority’) for scientific assistance. The Authority provided the Commission with a Technical Report on the substance concerned on 10 October 2016 (2). The Commission presented the review report (3) and the draft of this Regulation on the non-approval of paprika extract (capsanthin, capsorubin E 160 c) to the Standing Committee on Plants, Animals, Food and Feed on 24 January 2017 and finalised them for the meeting of that Committee on 6 October 2017.

(3)

During the consultation organised by the Authority, the applicant agreed to modify the basic substance name to paprika extract (capsanthin, capsorubin E 160 c).

(4)

The documentation provided by the applicant shows that paprika extract (capsanthin, capsorubin E 160 c) fulfils the criteria of a foodstuff as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (4) and is not predominantly used for plant protection pruposes.

(5)

Specific concerns were identified, in the Technical Report of the Authority, regarding exposure to its component capsaicin and the non-availability of exposure estimates for paprika extract (capsanthin, capsorubin E 160 c), specifically through pesticide use and, as a result, the assessment of the risk to operators, workers, bystanders and non-target organisms could not be finalised.

(6)

The Commission invited the applicant to submit its comments on the draft review report. The applicant submitted its comments, which have been carefully examined.

(7)

However, despite the arguments put forward by the applicant, the concerns related to the substance cannot be eliminated.

(8)

Consequently, as laid down in the Commission review report, it has not been established that the requirements laid down in Article 23 of Regulation (EC) No 1107/2009 are satisfied. It is therefore appropriate not to approve paprika extract (capsanthin, capsorubin E 160 c) as a basic substance.

(9)

This Regulation does not prejudice the submission of a further application for the approval of paprika extract (capsanthin, capsorubin E 160 c) as a basic substance in accordance with Article 23(3) of Regulation (EC) No 1107/2009.

(10)

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

14.11.2017   

EN

Official Journal of the European Union

L 295/49

(1)

In accordance with Article 23(3) of Regulation (EC) No 1107/2009, the Commission received on 9 October 2015 an application from Decco Iberica Post Cosecha S.A.U for the approval of potassium sorbate as a basic substance. On 14 July 2016 the Commission received an updated application. That application was accompanied by the information required under the second subparagraph of Article 23(3) of Regulation (EC) No 1107/2009.

(2)

The Commission asked the European Food Safety Authority (‘the Authority’) for scientific assistance. The Authority provided the Commission with a Technical Report on potassium sorbate on 12 May 2017 (2). The Commission presented the review report (3) and the draft of this Regulation on the non-approval of potassium sorbate to the Standing Committee on Plants, Animals, Food and Feed on 20 July 2017 and finalised them for the meeting of that Committee on 6 October 2017.

(3)

The documentation provided by the applicant shows that potassium sorbate fulfils the criteria of a foodstuff as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (4).

(4)

Specific concerns however were identified, in the Technical Report of the Authority, regarding exposure to potassium sorbate specifically through residues of pesticide use. The Authority concluded that the information on residues was very limited and, as a result, it could not conduct a reliable consumer risk assessment. An exceedance of the temporary Acceptable Daily Intake of potassium sorbate due to the additional consumer exposure to residues from pesticide use of potassium sorbate cannot be excluded.

(5)

The Commission invited the applicant to submit its comments on the Technical Report of the Authority and on the draft review report. The applicant submitted no comments.

(6)

Consequently, as laid down in the Commission review report, it has not been established that the requirements laid down in Article 23 of Regulation (EC) No 1107/2009 are satisfied. It is therefore appropriate not to approve potassium sorbate as basic substance.

(7)

This Regulation does not prejudice the submission of a further application for the approval of potassium sorbate as a basic substance in accordance with Article 23(3) of Regulation (EC) No 1107/2009.

(8)

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

14.11.2017   

EN

Official Journal of the European Union

L 295/51

(1)

Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (2) sets out the active substances deemed to have been approved under Regulation (EC) No 1107/2009.

(2)

Applications for the renewal of the approval of the active substances included in this Regulation were submitted in accordance with Commission Implementing Regulation (EU) No 844/2012 (3). However, the approval of those substances may expire for reasons beyond the control of the applicant before a decision has been taken on the renewal of their approval. It is therefore necessary to extend their approval periods in accordance with Article 17 of Regulation (EC) No 1107/2009.

(3)

In view of the time and resources necessary for completing the assessment of applications for the renewal of approvals of the large number of active substances the approvals of which are expiring between 2019 and 2021, Commission Implementing Decision C(2016)6104 (4) established a work programme grouping together similar active substances and setting priorities on the basis of safety concerns for human and animal health or the environment as provided for in Article 18 of Regulation (EC) No 1107/2009.

(4)

As the active substances included in this Regulation do not fall in the prioritised categories of Implementing Decision C(2016)6104, the approval period should be extended by either two or three years, taking into account the current date of expiry, the fact that in accordance with Article 6(3) of Implementing Regulation (EU) No 844/2012 the supplementary dossier for an active substance is to be submitted no later than 30 months before expiry of the approval, the need to ensure a balanced distribution of responsibilities and work among Member States acting as rapporteurs and co-rapporteurs and the available resources necessary for assessment and decision-making. It is therefore appropriate to extend the approval period for active substance proquinazid by two years, and to extend the approval periods of the active substances flonicamid (IKI-220), metalaxyl and penoxsulam by three years.

(5)

In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where no supplementary dossier in accordance with Implementing Regulation (EU) No 844/2012 is submitted no later than 30 months before the respective expiry date laid down in the Annex to this Regulation, the Commission will set the expiry date at the same date as before this Regulation or at the earliest date thereafter.

(6)

In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where the Commission will adopt a Regulation providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the Commission will set the expiry date at the same date as before this Regulation or at the date of the entry into force of the Regulationproviding that the approval of the active substance is not renewed, whichever date is later. As regards cases where the Commission will adopt a Regulation providing for the renewal of an active substance referred to in the Annex to this Regulation, the Commission will endeavour to set, as appropriate under the circumstances, the earliest possible application date.

(7)

Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

(8)

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

14.11.2017   

EN

Official Journal of the European Union

L 295/54

(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)

An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Wille VALVE,

—

Mr Tony WIKSTRÖM, Ledamot i Ålands lagting.

14.11.2017   

EN

Official Journal of the European Union

L 295/55

(1)

On 8 July 2014, the Council adopted Decision 2014/438/CFSP (1) appointing Mr Herbert SALBER as the European Union Special Representative (EUSR) for the South Caucasus and the crisis in Georgia.

(2)

On 17 February 2017, the Council adopted Decision (CFSP) 2017/299 (2) extending the mandate of the EUSR for the South Caucasus and the crisis in Georgia until 30 June 2018.

(3)

Following the appointment of Mr Herbert SALBER to another position, Mr Toivo KLAAR should be appointed as the EUSR for the South Caucasus and the crisis in Georgia from 13 November 2017.

(4)

The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

14.11.2017   

EN

Official Journal of the European Union

L 295/57

(1)

On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

(2)

On 4 August 2017, the Council adopted Decision (CFSP) 2017/1426 (2), updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (‘the list’).

(3)

The Council has determined that there are no longer grounds for keeping one entity on the list.

(4)

The list should therefore be updated accordingly,

14.11.2017   

EN

Official Journal of the European Union

L 295/59

(1)

On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

(2)

The Council has determined that there are no longer grounds for keeping one entity on the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP. The restrictive measures applying to that entity were suspended by Council Decision (CFSP) 2016/1711 (2).

(3)

Common Position 2001/931/CFSP should therefore be amended accordingly,

14.11.2017   

EN

Official Journal of the European Union

L 295/60

(1)

The Union remains deeply concerned at the continuing deterioration of democracy, the rule of law and human rights in Venezuela.

(2)

On 15 May 2017, the Council adopted conclusions calling on all Venezuelan political actors and institutions to work in a constructive manner towards a solution to the crisis in the country while fully respecting the rule of law and human rights, democratic institutions and the separation of powers. It also stated that the release of jailed political opponents and respect for constitutional rights are crucial steps in building trust and helping the country to regain political stability.

(3)

The Union has repeatedly expressed its full support for the efforts in Venezuela to facilitate an urgent, constructive and effective dialogue between the Government and the parliamentary majority in order to create the conditions for peaceful solutions to the multidimensional challenges the country faces.

(4)

The Union has strongly encouraged the facilitation of external cooperation to address the most urgent needs of the population and has fully committed to helping Venezuela find peaceful and democratic solutions, including through support for regional and international efforts to that end.

(5)

On 26 July 2017, the Union expressed concern at the numerous reports of human rights violations and excessive use of force, and called on the Venezuelan authorities to respect the Constitution of Venezuela (‘the Constitution’) and the rule of law and to ensure that fundamental rights and freedoms, including the right to peaceful demonstration, are guaranteed.

(6)

On 2 August 2017, the Union expressed its deep regret at the decision of the Venezuelan authorities to continue with the election of a Constituent Assembly, a decision that durably worsened the crisis in Venezuela and risked undermining other legitimate institutions foreseen by the Constitution, such as the National Assembly. While calling on all parties to refrain from violence and on the authorities to ensure full respect for all human rights, and while expressing readiness to assist on all issues which could alleviate the everyday situation of the Venezuelan people, the Union also indicated its readiness to gradually step up its response in case democratic principles were further undermined and the Constitution was not respected.

(7)

In this context and in line with the Declaration by the Union of 2 August 2017, targeted restrictive measures should be imposed against certain natural and legal persons responsible for serious human rights violations or abuses or the repression of civil society and democratic opposition and persons, entities and bodies whose actions, policies or activities undermine democracy or the rule of law in Venezuela, as well as persons, entities and bodies associated with them.

(8)

Furthermore, in view of the risk of further violence, excessive use of force and violations or abuses of human rights, it is appropriate to impose restrictive measures in the form of an arms embargo as well as specific measures to place restrictions on equipment that might be used for internal repression and to prevent the misuse of communication equipment.

(9)

The restrictive measures should be gradual, targeted, flexible and reversible, without affecting the general population and should aim at fostering a credible and meaningful process that can lead to a peaceful negotiated solution.

(10)

Further action by the Union is needed in order to implement certain measures,

(a)

to provide technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned directly or indirectly to any natural or legal person, entity or body in, or for use in, Venezuela;

(b)

to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of arms and related materiel or for the provision of related technical assistance, brokering services and other services directly or indirectly to any person, entity or body in, or for use in, Venezuela.

(a)

to provide technical assistance, brokering services and other services related to equipment which might be used for internal repression and to the provision, manufacture, maintenance and use of such equipment directly or indirectly to any natural or legal person, entity or body in, or for use in, Venezuela;

(b)

to provide financing or financial assistance related to equipment which might be used for internal repression, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such equipment or for the provision of related technical assistance, brokering services and other services directly or indirectly to any person, entity or body in, or for use in, Venezuela.

(a)

the sale, supply, transfer or export of non-lethal military equipment, or of equipment which might be used for internal repression, intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations (UN) and the Union and its Member States or of regional and subregional organisations, or of materiel intended for crisis-management operations of the UN and the Union or of regional and subregional organisations;

(b)

the sale, supply, transfer or export of demining equipment and materiel for use in demining operations;

(c)

the maintenance of non-lethal equipment which might be used by the navy and coastguard of Venezuela intended solely for border protection, regional stability and the interception of narcotics;

(d)

the provision of financing and financial assistance related to the equipment or materiel referred to in points (a), (b) and (c);

(e)

the provision of technical assistance related to the equipment or materiel referred to in points (a), (b) and (c),

(a)

natural persons responsible for serious human rights violations or abuses or the repression of civil society and democratic opposition in Venezuela; or

(b)

natural persons whose actions, policies or activities otherwise undermine democracy or the rule of law in Venezuela;

(a)

as a host country to an international intergovernmental organisation;

(b)

as a host country to an international conference convened by, or under the auspices of, the UN;

(c)

under a multilateral agreement conferring privileges and immunities; or

(d)

under the 1929 Treaty of Conciliation (Lateran Pact) concluded by the Holy See (State of the Vatican City) and Italy.

(a)

natural or legal persons, entities or bodies responsible for serious human rights violations or abuses or the repression of civil society and democratic opposition in Venezuela;

(b)

natural or legal persons, entities or bodies whose actions, policies or activities otherwise undermine democracy or the rule of law in Venezuela,

(a)

necessary to satisfy the basic needs of the natural or legal persons, entities or bodies listed in Annex I or II and dependent family members of such natural persons, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and public utility charges;

(b)

intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

(c)

intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;

(d)

necessary for extraordinary expenses, provided that the relevant competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation; or

(e)

to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, insofar as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation.

(a)

the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in paragraph 1 or 2 was listed in Annex I or II, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;

(b)

the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

(c)

the decision is not for the benefit of a natural or legal person, entity or body listed in Annex I or II; and

(d)

recognising the decision is not contrary to public policy in the Member State concerned.

(a)

interest or other earnings on those accounts;

(b)

payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the measures provided for in paragraphs 1, 2 and 3; or

(c)

payments due under judicial, administrative or arbitral decisions rendered in the Union or enforceable in the Member State concerned,

(a)

designated natural or legal persons, entities or bodies listed in Annex I or II;

(b)

any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a).

14.11.2017   

EN

Official Journal of the European Union

L 295/69

(1)

The procedures for capacity allocation should be made transparent, while taking into account the efficiency of the allocation process as well as the operational concerns of all stakeholders concerned with the use and the maintenance of rail infrastructure.

(2)

Applicants for the allocation of infrastructure capacity should be able to submit requests for the incorporation of capacity into the annual working timetable between the deadline for requests to the draft timetable and before the change of the working timetable.

(3)

Once the train paths are allocated, the contractual rights of the applicant would include a right to reject or approve a request for rescheduling made by the infrastructure manager

(4)

Temporary capacity restrictions are necessary to keep the infrastructure and its equipment in good condition and to allow infrastructure development in accordance with market needs.

(5)

Applicants should receive early information on upcoming capacity restrictions allowing them to adapt their operations and transport needs in accordance with restrictions in infrastructure capacity. If information on upcoming capacity restrictions is already published at the beginning of the period for submitting requests for the incorporation of capacity into the annual timetable, there should be less need to reschedule already allocated trains paths.

(6)

Infrastructure managers should not only take into account their own costs when choosing between different alternatives of capacity restrictions, but also the commercial and operational constraints of the applicants concerned and the risks of transport being shifted to less environmentally friendly modes of transport.

(7)

Infrastructure managers should establish, publish and apply transparent criteria as regards the diversion of trains and the allocation of a restricted capacity to different types of traffic. They might do so jointly or individually for their capacity restrictions.

(8)

Infrastructure managers should adapt their network statements and timetabling procedures to ensure timely compliance with the new rules on capacity restrictions as introduced by this Decision.

(9)

As regards train operations crossing more than one network, the infrastructure managers concerned should coordinate to minimise impact of capacity restrictions on the traffic and to synchronise works on a given route or avoid restricting capacity on a diversionary route.

(10)

For reasons of legal clarity and taking into account the number of amendments that need to be made in Annex VII to Directive 2012/34/EU, that Annex should be replaced in its entirety. Moreover, in order to simplify the regulatory framework, a Delegated Decision is the appropriate legal instrument as it imposes clear and detailed rules which do not require transposition by Member States ensuring rapid uniform implementation throughout the Union.

(11)

As a result of the timing of the change of the working timetable in accordance with point (2) of the Annex to this Decision and the lead times for coordination, consultation and publication of capacity restrictions set out in points (8) to (11) of the Annex to this Decision, infrastructure managers will only be able to comply for the first time with the requirements of points (8) to (11) for the change of the working timetable taking effect in December 2019 as regards the second round of publication and December 2020 as regards the first round of publication, with the requirements of point (12) for the change of the working timetable to take effect in December 2018 and with the requirements of points (14) to (17) for the change of the working timetable to take effect in December 2018.

(12)

Directive 2012/34/EU should therefore be amended accordingly,

14.11.2017   

EN

Official Journal of the European Union

L 295/74

(1)

The validity of the current ecological criteria for the award of the EU Ecolabel for hard coverings, and of the related assessment and verification requirements, set out in Commission Decision 2009/607/EC (2) expires on 30 November 2017. An assessment has been carried out confirming the relevance and appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by Decision 2009/607/EC. It is therefore appropriate to prolong the period of validity of those criteria and assessment and verification requirements.

(2)

Decision 2009/607/EC should therefore be amended accordingly.

(3)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 16 of Regulation (EC) No 66/2010,

14.11.2017   

EN

Official Journal of the European Union

L 295/75

(1)

Commision Decision 2005/50/EC (2), as amended by Commission Implementing Decision 2011/485/EU (3), harmonises the technical conditions for the availability and efficient use of the 24 GHz range radio spectrum band for automotive short-range radar equipment. These radars help to prevent car collisions.

(2)

Decision 2005/50/EC imposed upon Member States statistical reporting obligations, including the requirement to collect, on a yearly basis, data on the number of vehicles equipped with short-range radar using the 24 GHz range radio spectrum band.

(3)

While the obligation to keep the use of the 24 GHz by short-range radars under scrutiny should remain, it now appears disproportionate to require each national authority to provide statistical data systematically on a yearly basis as envisaged in Decision 2005/50/EC. National administrative resources would be better used if Member States provided these statistical reports only upon request by the Commission. The Commission could request these statistical reports in the possible but unlikely event that interference or a sharp surge in the number of vehicles equipped with 24 GHz radars is reported.

(4)

Since the adoption of Decision 2005/50/EC, there have been no reports of harmful interference by those services which are protected by the Decision. The number of vehicles equipped with short-range radar using the 24 GHz range radio spectrum band has remained generally low and in any case at a level which is well below the threshold of 7 % of the total number of vehicles in circulation in each Member State. This threshold is considered as being the critical proportion below which it is presumed that no harmful interference would be caused to other users of the 24 GHz band.

(5)

Decision 2005/50/EC should therefore be amended accordingly.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,

In the Annex to the Decision, the words ‘The following data shall be collected on a yearly basis:’ are replaced by:

14.11.2017   

EN

Official Journal of the European Union

L 295/77

(1)

Commission Implementing Decision 2011/762/EU (2) authorised, in accordance with Regulation (EC) No 258/97, the placing on the market of yeast beta-glucans as a novel food ingredient to be used in certain foods and foodstuffs, including beverages, as well as in food supplements and in food for special medical purposes, and total diet replacement for weight control.

(2)

On 25 April 2016, the company Leiber GmbH made a request to the competent authority of Ireland for extension of uses and use levels of yeast beta-glucans as a novel food ingredient. In particular, they asked to extend the use of yeast beta-glucans to additional food categories and to increase maximum use levels of yeast beta-glucans per day for food categories already authorised by Implementing Decision 2011/762/EU.

(3)

On 7 November 2016, the competent authority of Ireland issued its initial assessment report. In that report, it came to the conclusion that the extension of uses and proposed maximum use levels of yeast beta-glucans meets the criteria for novel food set out in Article 3(1) of Regulation (EC) No 258/97.

(4)

On 15 November 2016, the Commission forwarded the initial assessment report to the other Member States.

(5)

Reasoned objections were raised by other Member States within the 60-day period laid down in the first subparagraph of Article 6(4) of Regulation (EC) No 258/97. The applicant consequently modified the request concerning the food categories and use levels proposed. That change and additional explanations by the applicant alleviated the concerns to the satisfaction of the Member States and the Commission.

(6)

Directive 2002/46/EC of the European Parliament and of the Council (3) lays down requirements for food supplements. Regulation (EC) No 1925/2006 of the European Parliament and of the Council (4) lays down requirements on the addition of vitamins and minerals and certain other substances to foods. Regulation (EU) No 609/2013 of the European Parliament and of the Council (5) lays down general compositional and information requirements on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control. Those acts may apply to the yeast beta-glucans. Therefore yeast beta-glucans should be authorised without prejudice to the requirements of that and of any other legislation applying in parallel to Regulation (EC) No 258/97.

(7)

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