5.3.2018   

EN

Official Journal of the European Union

L 62/1

(1)

Article 13(1) of Regulation (EC) No 1967/2006 prohibits the use of towed gears within 3 nautical miles of the coast or within the 50 m isobath where that depth is reached at a shorter distance from the coast.

(2)

At the request of a Member State, the Commission may allow a derogation from Article 13(1) of Regulation (EC) No 1967/2006, provided that a number of conditions set out in Article 13(5) and (9) are fulfilled.

(3)

On 10 January 2014 the Commission received a request from Italy for a derogation from the first subparagraph of Article 13(1) of that Regulation, for the use of boat seines fishing for transparent goby (Aphia minuta) in the territorial waters of Italy adjacent to the coast in the Gulf of Manfredonia (Apulia region).

(4)

The request concerns vessels registered in the maritime Directorate of Manfredonia with a track record in the fishery of more than 5 years and operating under a management plan regulating boat seines fishing for transparent goby (Aphia minuta) in the Manfredonia fishing district.

(5)

The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the derogation requested by Italy and the related management plan in July 2016. STECF highlighted need for clarifications on fishing effort, gears used, monitoring and scientific data. Italy provided adequate clarifications to the Commission and revised accordingly its management plan by changing gears used, reducing fishing effort and re-enforcing monitoring measures.

(6)

Italy adopted the management plan by Decree (2) in accordance with Article 19(2) of Regulation (EC) No 1967/2006.

(7)

The derogation requested by Italy complies with the conditions laid down in Article 13(5) and (9) of Regulation (EC) No 1967/2006.

(8)

In particular, there are specific geographical constraints given both the limited size of the continental shelf and the spatial distribution of the target species, which is exclusively limited to certain zones in the coastal areas at depths smaller than 50 m. The fishing grounds are therefore limited.

(9)

Boat seines fishing is carried out close to the shore in shallow depths. The nature of this type of fishery is such that it cannot be undertaken with any other gears.

(10)

Boat seines fishing has no significant impact on the marine environment and is very selective, since the seines are hauled in the water column and do not touch the seabed because collection of material from the seabed would damage the target species and make the selection of the fished species virtually impossible due to their very small size.

(11)

The derogation requested by Italy affects a total of 100 vessels, although only 30 vessels will be authorised daily, through a turnover mechanism. It can therefore be concluded that the derogation affects a limited number of vessels.

(12)

Those vessels are included on a list communicated to the Commission in accordance with the requirements of Article 13(9) of Regulation (EC) No 1967/2006.

(13)

The management plan sets out all relevant definitions on the fisheries concerned and guarantees no future increase of the fishing effort, as fishing authorisations will be issued to specified 100 vessels that are already authorised to fish by Italy.

(14)

The fishing activities concerned fulfil the requirements of Article 4 of Regulation (EC) No 1967/2006 since the Italian management plan explicitly prohibits to fish above protected habitats.

(15)

The requirements of Article 8(1)(h) of Regulation (EC) No 1967/2006 are not applicable since they relate to trawlers.

(16)

As regards the requirement to comply with Article 9(3) of Regulation (EC) No 1967/2006 establishing the minimum mesh size, the Commission notes that in accordance with Article 9(7) of that Regulation, Italy authorised a derogation from Article 9(3) of that Regulation in its management plan, as the fisheries concerned are highly selective, have a negligible effect on the marine environment and are not affected by the provisions in Article 4(5) of that Regulation.

(17)

The fishing activities concerned take place at a very short distance from the coast and therefore do not interfere with the activities of other vessels.

(18)

The management plan ensures that catches of species mentioned in Annex III to Regulation (EC) No 1967/2006 are minimal. Moreover, according to Chapter 6.1.2 of the Italian management plan, the fishing for transparent goby (Aphia minuta) is limited to a fishing season from 1 November to 31 March each year.

(19)

Boat seines do not target cephalopods.

(20)

The fishing activities concerned fulfil the recording requirements laid down in Articles 14 and 15 of Council Regulation (EC) No 1224/2009 (3).

(21)

The Italian management plan includes measures for the monitoring of fishing activities, as provided for in the third subparagraph of Article 13(9) of Regulation (EC) No 1967/2006.

(22)

The requested derogation should therefore be granted.

(23)

Italy should report to the Commission at regular intervals and in accordance with the monitoring plan provided for in the Italian management plan.

(24)

A limitation in duration of the derogation will allow ensuring prompt corrective management measures in case the report to the Commission shows a poor conservation status of the exploited stock, while providing scope to enhance the scientific basis for an improved management plan.

(25)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

(a)

registered in the maritime Directorate of Manfredonia;

(b)

having a track record in the fishery of more than 5 years and not involving any future increase in the fishing effort deployed; and

(c)

holding a fishing authorisation and operating under the management plan adopted by Italy in accordance with Article 19(2) of Regulation (EC) No 1967/2006.

5.3.2018   

EN

Official Journal of the European Union

L 62/4

(1)

The purpose of the data collected under Regulation (EU) No 1011/2012 of the European Central Bank (ECB/2012/24) (2) is to provide the European System of Central Banks (ESCB) with comprehensive statistical information on the exposure of economic sectors and group data reporting agents in the Member States whose currency is the euro to specific classes of securities at a very disaggregated level. This information facilitates the in-depth analysis of the monetary policy transmission mechanism and the evaluation of the Eurosystem's risk exposures in its monetary policy operations. It also allows for in-depth analysis of financial stability, including the identification and monitoring of risks to it.

(2)

Within the framework of Council Regulation (EU) No 1024/2013 (3), Regulation (EU) No 806/2014 of the European Parliament and of the Council (4) and of Council Regulation (EU) No 1096/2010 (5), the data obtained are also used for prudential supervision and resolution purposes and are provided to the European Systemic Risk Board.

(3)

The concept of group data reporting agents has been introduced and defined in Regulation (EU) No 1011/2012 (ECB/2012/24) by Regulation (EU) 2016/1384 of the European Central Bank (ECB/2016/22) (6). The Governing Council of the European Central Bank (ECB) will identify group data reporting agents for the purpose of the data collection under Regulation (EU) No 1011/2012 (ECB/2012/24) taking into account several criteria, including the relevance of the group data reporting agent for the stability and functioning of the financial system in the euro area and/or individual Member States. It needs to be specified for greater legal clarity that all significant supervised entities that are directly supervised by the ECB in accordance with Council Regulation (EU) No 1024/2013, are to be regarded as being of relevance for the stability and functioning of the financial system, and consequently they can also be identified as group data reporting agents.

(4)

Subject to the decision of the relevant national central bank (NCB), after the entry into force of Regulation (EU) 2016/1384 group data reporting agents can report data reported pursuant to Article 3a of Regulation (EU) No 1011/2012 (ECB/2012/24) (hereinafter ‘group data’) directly to the ECB. This will allow a more efficient use of the available information technology infrastructure of the ESCB Securities Holdings Statistics Database and avoid the need to set up separate national data processing systems at each NCB.

(5)

If an NCB decides not to collect group data, it should inform the ECB, in which case the ECB should take over the task of collecting the data directly from the group data reporting agents. The ECB and the NCB concerned should make the necessary arrangements between them.

(6)

Therefore, Regulation (EU) No 1011/2012 (ECB/2012/24) should be amended accordingly,

(1)

in Article 2(4), point (b) is replaced by the following:

(2)

Article 3a is amended as follows:

(3)

Article 4a is replaced by the following:

‘Article 4a

Derogations for group data reporting agents

1.   The relevant NCB or, where group data is reported to the ECB pursuant to Article 3a(5), the ECB, after consulting the relevant NCB, may grant derogations to group data reporting agents from the reporting requirements set out in Article 3a as follows:

2.   The relevant NCB or, where group data is reported to the ECB pursuant to Article 3a(5), the ECB, after consulting the relevant NCB, may grant derogations from the reporting requirements to group data reporting agents with respect to the flag “issuer is part of the reporting group (prudential scope)”, on a security-by-security basis, as set out in Article 3a(3), provided that the relevant NCB or the ECB, as applicable, is able to derive these data from data collected from other sources.

3.   For a period of two years from the first reporting in accordance with Article 10b(2), the relevant NCB, or, where group data is reported to the ECB pursuant to Article 3a(5), the ECB, after consulting the relevant NCB, may grant derogations from the reporting requirements to group data reporting agents with respect to the reporting on entity-by-entity basis set out in Chapter 2 of Annex I for entities resident outside the Union provided that the relevant NCB or the ECB, as applicable, are able to derive the information in Chapter 2 of Annex I for the entities resident outside the Union as a whole.’;

(4)

Article 4b is replaced by the following:

‘Article 4b

General derogations and framework applicable to all derogations

1.   The relevant NCB or, where group data is reported to the ECB pursuant to Article 3a(5), the ECB, after consulting the relevant NCB, may grant derogations from the reporting requirements under this Regulation if the actual reporting agents report the same data under: (a) Regulation (EU) No 1071/2013 of the European Central Bank (ECB/2013/33) (*1); (b) Regulation (EU) No 1073/2013 (ECB/2013/38); (c) Regulation (EU) No 1075/2013 (ECB/2013/40); or (d) Regulation (EU) No 1374/2014 (ECB/2014/50); or if the relevant NCB or the ECB, as applicable, are able to derive the same data by other means, in accordance with the minimum statistical standards specified in Annex III.

2.   The relevant NCB, or, where group data is reported to the ECB pursuant to Article 3a(5), the ECB, after consulting the relevant NCB, shall ensure that the conditions set out under this Article and Articles 4 and 4a are complied with for the purposes of granting, renewing or withdrawing, as applicable and when necessary, any derogation with effect from the start of each calendar year.

3.   The relevant NCB, or where group data is reported to the ECB pursuant to Article 3a(5), the ECB, after consulting the relevant NCB, may make actual reporting agents, which have been granted derogations under this Article, Article 4 or 4a subject to additional reporting requirements, where further detail is deemed necessary by the relevant NCB or the ECB, as applicable. Actual reporting agents shall report the data requested within 15 working days of a request made by the relevant NCB or the ECB, as applicable.

4.   Where derogations have been granted by the relevant NCB or, where group data is reported to the ECB pursuant to Article 3a(5), by the ECB, actual reporting agents may nonetheless fulfil the full reporting requirements. An actual reporting agent that opts not to avail itself of derogations granted by the relevant NCB or the ECB, as applicable, shall obtain the consent of the relevant NCB or the ECB, as applicable, prior to availing itself of the derogations granted at a later date.

(*1)  Regulation (EU) No 1071/2013 of the European Central Bank of 24 September 2013 concerning the balance sheet of the monetary financial institutions sector (ECB/2013/33) (OJ L 297, 7.11.2013, p. 1).’;"

(5)

Article 6a is replaced by the following:

‘Article 6a

Timeliness of group data

1.   NCBs shall transmit to the ECB quarterly security-by-security group data in accordance with Article 3a(1) and Chapter 2 of Annex I by 18.00 CET on the 55th calendar day following the end of the quarter to which the data relate.

2.   If an NCB decides pursuant to Article 3a(5) that reporting agents shall report the statistical information directly to the ECB, the reporting agents shall transmit such information to the ECB by 18.00 CET on the 45th calendar day following the end of the quarter to which the data relate.’;

(6)

Article 7a is replaced by the following:

‘Article 7a

Mergers, divisions and reorganisations

In the event of a merger, division or reorganisation that might affect the fulfilment of statistical obligations, the reporting agents concerned shall inform the relevant NCB, or, where group data is reported to the ECB pursuant to Article 3a(5), the ECB, directly or via the relevant NCA in accordance with the cooperation arrangements, once the intention to implement such operation has become public and in due time before it takes effect, of the procedures that are planned in order to fulfil the statistical reporting requirements set out in this Regulation.’;

(7)

the following Article 10c is inserted:

‘Article 10c

First reporting following the entry into force of Regulation (EU) 2018/318 of the European Central Bank (ECB/2018/7)

The first reporting of group data pursuant to Article 3a following the entry into force of Regulation (EU) 2018/318 of the European Central Bank (ECB/2018/7) (*2) shall start with data for the reference period September 2018.

(*2)  Regulation (EU) 2018/318 of the European Central Bank of 22 February 2018 amending Regulation (EU) No 1011/2012 concerning statistics on holdings of securities (ECB/2018/7) (OJ L 62, 5.3.2018, p. 4).’;"

(8)

Annexes I, II and III are amended in accordance with the Annex to this Regulation.

5.3.2018   

EN

Official Journal of the European Union

L 62/10

(1)

The Union has acceded to the Convention concerning International Carriage by Rail of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (the ‘COTIF Convention’), in accordance with Council Decision 2013/103/EU (1).

(2)

All Member States, with the exception of Cyprus and Malta, apply the COTIF Convention.

(3)

The Revision Committee of the Intergovernmental Organisation for International Carriage by Rail (OTIF) (the ‘Revision Committee’) was set up in accordance with point (c) of Article 13(1) of the COTIF Convention. At its 26th session, which is due to take place from 27 February to 1 March 2018, the Revision Committee is expected to decide upon certain amendments to the COTIF Convention as well as to certain Appendices thereto, namely Appendices E (Uniform Rules concerning the Contract of Use of Infrastructure in International Rail Traffic — CUI), F (Uniform Rules concerning the Validation of Technical Standards and the Adoption of Uniform Technical Prescriptions applicable to Railway Material intended to be used in International Traffic — APTU) and G (Uniform Rules concerning the Technical Admission of Railway Material used in International Traffic — ATMF).

(4)

At its 26th session, the Revision Committee is also to decide on the adoption of a new Appendix H regarding the safe operation of trains in international traffic.

(5)

The amendments to the Rules of Procedure of the Revision Committee aim to update certain provisions as a result of the accession of the Union to the COTIF Convention in 2011, in particular with regard to provisions governing the right to vote of the regional organisation and establishing the quorum.

(6)

The amendments to the COTIF Convention aim to improve and facilitate the procedure for revising the COTIF Convention with a view to the consistent and rapid implementation of amendments to the COTIF Convention and the Appendices thereto, and in order to prevent adverse effects of the current lengthy revision procedure, including the risk of internal misalignment between amendments adopted by the Revision Committee and those adopted by the General Assembly of the OTIF, as well as external misalignment, in particular with Union law.

(7)

The amendments to Appendix E (CUI) aim to clarify the scope of application of the CUI Uniform Rules to ensure that those rules are more systemically applied for their intended purpose, i.e. in international railway traffic such as in freight corridors or in international passenger trains.

(8)

The amendments to Appendices F (APTU) and G (ATMF) aim to achieve harmonisation between the OTIF rules and the Union rules, in particular after the adoption of the fourth railway package by the Union in 2016.

(9)

The new Appendix H is intended to improve interoperability beyond the Union based on the concept of harmonised criteria for the issuance by State authorities of Safety Certificates for railway undertakings as proof that the railway undertakings are able to operate trains safely in the State concerned.

(10)

Most of the proposed amendments are in line with the law and the strategic objectives of the Union, and should therefore be supported by the Union. Some amendments need more discussion within the Union and should be rejected at the 26th session of the Revision Committee.

(11)

The position of the Union at the 26th session of the Revision Committee should therefore be based on the attachment to this Decision,

5.3.2018   

EN

Official Journal of the European Union

L 62/18

(1)

Since 2013, Batrachochytrium salamandrivorans (Bsal), which is an emerging pathogen fungus of salamanders, has been occuring in Belgium, Germany, the Netherlands and the United Kingdom. It affects kept and wild salamander populations, and it can cause significant morbidity and mortality in those populations. Bsal is lethal to certain species of salamanders, while other species are fully or partly resistant to it, but may carry Bsal on their skin and therefore act as a reservoir and source of infection or contamination for other species of salamanders.

(2)

According to current scientific knowledge concerning Bsal, compiled by a scientific opinion (3) of the European Food Safety Authority (EFSA) about Bsal within its Assessment of listing and categorisation of animal diseases in the framework of Regulation (EU) 2016/429 of the European Parliament and of the Council (4), Bsal seems to be endemic at least in Japan, Thailand and Vietnam with around a 3 % prevalence rate in wild salamander populations. It is generally thought to have originated in East Asia and to be widespread and endemic there. At the same time, there is a lack of information on how widespread it is in other parts of the world. It is also generally thought that trade in infected or carrier salamanders contributes to the spread of Bsal.

(3)

According to available data, both resistant and susceptible salamander species are traded. Council Directive 92/65/EEC (5) lays down the animal health requirements governing trade in and imports into the Union of animals not subject to the animal health requirements laid down in the specific Union acts listed in Annex F thereto. Union animal health legislation, including Directive 92/65/EEC, currently lays down no specific animal health requirements for trade in salamanders or for their imports into the Union that would be effective in protecting animal health against the spread of Bsal in the Union.

(4)

The EFSA, in its scientific and technical assistance concerning the survival, establishment and spread of Batrachochytrium salamandrivorans (Bsal) in the EU (6) (the EFSA Assistance), assessed the potential of Bsal to affect the health of wild and kept salamanders in the Union, the effectiveness and feasibility of a movement ban on traded salamanders, the validity, reliability and robustness of available diagnostic methods for Bsal detection and possible alternative methods and feasible risk mitigation measures to ensure safe international and intra-Union trade in salamanders.

(5)

According to the EFSA Assistance, quarantining salamanders, the testing of salamanders to demonstrate that they are free of infection from Bsal, restricting movements of salamanders, hygienic procedures and biosecurity measures or treating salamanders against Bsal are important risk mitigation measures in preventing the spread of that disease.

(6)

The EFSA Assistance also highlighted many gaps and uncertainties in the current state of knowledge as regards Bsal. In particular, it concluded, that due to the complexity of the taxonomy as well as the lack of current evidence concerning which species are susceptible to Bsal, rules at the level of the taxonomic order are likely to be both more effective and more feasible than species-specific rules.

(7)

It is therefore appropriate to lay down animal health protection measures for intra-Union trade in consignments of salamanders and the introduction of such consignments into the Union on the taxonomic order of Caudata, in order to ensure that Bsal is not spread by intra-Union trade in those animals and the introduction of such animals into the Union. These measures should take into account the risk mitigation measures referred to in the EFSA Assistance and in particular provide for the appropriate quarantine, diagnostic testing and treatment of salamanders as well as for certification of their health status for their trade in and introduction into the Union. These measures are of an emergency nature and are not deemed specific measures within the meaning of Article 18(2) of Council Directive 92/65/EEC.

(8)

Regulation (EU) No 576/2013 of the European Parliament and of the Council (7) lays down the animal health requirements applicable to the non-commercial movements of pet animals listed in Annex I thereto, and amphibia are included in the animals listed in that Annex. The animal health protection measures laid down in this Decision should not apply to the non-commercial movements of pet salamanders which fall within the scope of Regulation (EU) No 576/2013, due the specificities of those movements and given the lack of information concerning such movements.

(9)

These measures should apply regardless of other Union rules potentially relevant for trade in and introduction of salamanders, in particular Council Regulation (EC) No 338/97 (8).

(10)

The World Organisation for Animal Health (OIE) listed infection with Bsal in its Aquatic Animal Health Code during its 85th General Session on 21-26 May 2017. But detailed international standards are not yet available and there is a lack of information on the technical capabilities of veterinary services and laboratories around the world to test for Bsal, while various concerned stakeholders in the European Union are in the forefront of progress on the diagnosis and treatment of Bsal and the safe handling of traded salamanders. It is therefore appropriate that most risk-mitigating measures, in particular the quarantining in an appropriate establishment, testing and treatment of traded and introduced salamanders are to be done by competent veterinary authorities, operators and laboratories located within the Union.

(11)

According to the EFSA Assistance, it is possible that Bsal is transmitted between salamander species native to different areas and cross-contamination may take place in various establishments breeding, collecting or distributing salamanders. This makes the risk of Bsal occurring in traded salamanders independent from their place of origin and from the situation in the wild. Therefore all consignments of salamanders destined for intra-Union trade or introduced into the Union should be subject to risk mitigation measures.

(12)

Minimum conditions for appropriate establishments to be used for quarantining salamanders should be laid down to ensure their biosecurity, while the handling of salamanders which die in those establishments should be done according to existing specific rules laid down in the Animal by-products Regulation (9).

(13)

As regards the size of the quarantined epidemiological units, a minimum size eligible for certification for negative diagnostic test results should be specified due to the limited sensitivity of the best available real-time quantitative polymerase chain reaction (qPCR) assay which is sufficiently reliable to be used only if the epidemiological units comprise at least 62 salamanders.

(14)

Salamanders which have undergone quarantine with testing with negative results or satisfactory treatment in the Union should not be subjected to quarantine or testing again, provided that they have been kept isolated from salamanders of a different health status in an appropriate establishment.

(15)

As regards treatments, these should be specified and be in line with the protocols already described in peer-reviewed scientific literature as highlighted by the EFSA Assistance or with comparable ones.

(16)

A list of third countries approved for issuing animal health certificates for the introduction into the Union of consignments of salamanders should be established and limited to those countries which have already provided sufficient guarantees for issuing certificates to prevent misleading and fraudulent certification, at least equivalent to Council Directive 96/93/EC (10). Therefore, it is appropriate to refer to already available lists existing in the context of introduction into the Union of other commodities. Such third countries are listed in Annex I to Commission Decision 2004/211/EC (11), Part 2 of Annex II to Commission Decision 2007/777/EC (12), Annex I to Commission Regulation (EC) No 798/2008 (13), Part 1 of Annex I to Commission Regulation (EC) No 119/2009 (14), Part 1 of Annex II to Commission Regulation (EU) No 206/2010 (15), or Annex I to Commission Regulation (EU) No 605/2010 (16), respectively.

(17)

Consignments of salamanders should be introduced in the Union only if they comply with all the requirements and the competent veterinary authority of the border inspection post of entry can also ascertain that the consignments will be accepted by an operator responsible for an appropriate establishment of destination to be duly quarantined.

(18)

The actual arrival of consignments of salamanders introduced into the Union from third countries at their place of quarantine in the Union should be recorded in the electronic version of the common veterinary entry document set out in Annex I to Commission Regulation (EC) No 282/2004 (17) and managed by the integrated computerised veterinary system known as Traces, so that the competent veterinary authority of the border inspection post of entry can be reliably informed of their arrival.

(19)

This Decision should provide for a transitional period in order to give the Member States, the competent authorities and economic operators time to put in place the necessary procedures so that they are in a position to comply with the rules laid down in this Decision. The length of this period should be limited to a few months. At the same time, risk mitigation measures based on the required level of protection by the Member States of destination should already apply.

(20)

It is expected that more information will be available in the coming years about Bsal from scientific sources and from results of official controls carried out by the Member States, supplementing the current knowledge concerning that disease. Therefore, the animal health protection measures laid down in this Decision should be of a temporary nature. Nevertheless, they should apply at least until 31 December 2019 to allow for 1 year of implementation by the Member States and subsequent annual reporting and consideration thereof, while permanent EU animal health rules may be laid down under the new Regulation (EU) 2016/429 on transmissible animal diseases to apply from the date of application of that Regulation.

(21)

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

(a)

‘salamanders’ means all amphibians of the order Caudata;

(b)

‘Bsal’ means the fungus Batrachochytrium salamandrivorans (kingdom fungi, Phylum Chytridiomycota, order Rhizophydiales);

(c)

‘epidemiological unit’ means a group of salamanders with the same likelihood of exposure to Bsal;

(d)

‘quarantine’ means the keeping of salamanders in isolation with no direct or indirect contact with salamanders outside their epidemiological unit, for the purposes of ensuring that there is no spread of Bsal while the animals in isolation are undergoing observation for a specified length of time and testing and, if appropriate, treatment;

(e)

‘operator’ means any natural or legal person having salamanders under its responsibility, including for a limited duration of time, but excluding pet keepers;

(f)

‘appropriate establishment’ means premises:

(g)

‘appropriate diagnostic test’ means a real-time quantitative polymerase chain reaction (qPCR) assay containing species-specific STerF and STerR primers amplifying a 119 nucleotide long fragment of Bsal DNA;

(h)

‘common veterinary entry document’ or ‘CVED’ means the document notifying the arrival of animals into the Union as provided for in Article 1 of Regulation (EC) No 282/2004 and drawn up in accordance with the model set out in Annex I thereto and managed by the integrated computerised veterinary system known as Traces;

(i)

‘confirmed case of Bsal’ means the confirmation of the presence of Bsal or its genetic material on or in the tissues of salamanders by the appropriate diagnostic test;

(a)

they are accompanied by an animal health certificate which complies with the model animal health certificate set out in Part A of Annex I;

(b)

the salamanders must not show clinical signs of Bsal, in particular they must show no skin lesions and ulcers at the time of examination by the official veterinarian; that examination must be carried out within a period of 24 hours prior to the time of dispatch of the consignment to the Member State of destination;

(c)

the salamanders must come from a population where there have been no mortalities due to Bsal and no clinical signs of Bsal, in particular skin lesions and ulcers must not have been observed by the operator;

(d)

the consignment must consist of:

(a)

the animal health conditions laid down in paragraph 1(a), (b) and (c);

(b)

the salamanders have been kept in quarantine in the appropriate establishment which complies with the minimum conditions set out in Annex II, between the end of the period of quarantine following their introduction into the Union and the issuing of the animal health certificate set out in Part A of Annex I.

(a)

they come from third countries listed in one of the following:

(b)

they are accompanied by an animal health certificate which complies with the model animal health certificate set out in Part B of Annex I;

(c)

the salamanders must not show clinical signs of Bsal, in particular there must be no signs of skin lesions and ulcers at the time of examination by the official veterinarian; and that examination must have been carried out within a period of 24 hours prior to the time of dispatch of the consignment to the Union;

(d)

before issuing the animal health certificate referred to in point (b), the epidemiological unit comprising the salamanders in the consignment must have been isolated from other salamanders at the latest at the time of the examination for the purposes of issuing of animal health certificate and they must not have been in contact with other salamanders since that time.

(a)

the name and address of the appropriate establishment of destination;

(b)

that the appropriate establishment of destination complies with the minimum conditions set out in Annex II;

(c)

that the consignment of salamanders will be accepted for quarantine.

1.

The official or approved veterinarian responsible for the appropriate establishment of destination records the arrival of the consignment of salamanders introduced into the Union from a third country in Box 45 of Part 3 in the electronic version of the common veterinary entry document.

2.

The official or approved veterinarian ensures that the operator keeps the consignment of salamanders in quarantine in the appropriate establishment of destination as one epidemiological unit.

3.

The official or approved veterinarian inspects the conditions of quarantine for each consignment of salamanders, including an examination of the mortality records and a clinical inspection of the salamanders in the appropriate establishment of destination, checking in particular for skin lesions and ulcers.

4.

Where a consignment comprises 62 or more salamanders, the official or approved veterinarian carries out the examination, sampling, testing and treatment procedures for Bsal in accordance with the procedures referred to in points 1 and 2 of Annex III, following the arrival of the consignment of salamanders at the appropriate establishment of destination.

5.

Where the consignment comprises less than 62 salamanders, the official or approved veterinarian ensures that the consignment is treated to the satisfaction of the competent authority against Bsal in accordance with point 3 of Annex III.

6.

The official or approved veterinarian releases the consignment of salamanders from the appropriate establishment of destination by a written authorisation:

(a)

all salamanders in the same epidemiological unit are either:

(b)

following completion of the measures referred to in point (a), the area of the appropriate establishment of destination where the epidemiological unit had been kept is cleaned and disinfected to the satisfaction of the competent authority.

(a)

the number of epidemiological units with at least one confirmed case of Bsal;

(b)

the number of epidemiological units treated without a confirmed case;

(c)

any further information they deem relevant on testing, treating or handling the consignments and on the implementation of this Decision.

5.3.2018   

EN

Official Journal of the European Union

L 62/34

(1)

The technical and operational specifications set out in the annex to Commission Implementing Decision (EU) 2017/224 (2) provide that the general specifications of the ‘CS high precision’ service offered by the commercial service envisage a positioning error of less than a decimetre and that access to this ‘CS high precision’ service, monitored by one or more service providers, is subject to a fee depending on the pricing policy in force.

(2)

It seems, however, that fee-paying access to the commercial service's high precision service could slow the development of the applications required to use this service and hinder the promising growth of economic activities based on satellite navigation systems, particularly within the Union. It could, moreover, make it more difficult for the system established under the Galileo programme to penetrate global markets given that rival systems propose to offer high precision services free of charge.

(3)

Furthermore, enterprises in the expanding sectors most likely to use the high precision commercial service, such as those developing autonomous vehicles, robotics or drones, do not need such high precision positioning as initially envisaged for the commercial service. Positioning error of less than two decimetres is sufficient for those enterprises, and is more attractive if, in return, the time needed to achieve such precision can be reduced. There is therefore a positive correlation between positioning accuracy and the time needed to achieve it. Changing the minimum precision requirement from one decimetre to two will thus reduce the time needed to achieve that precision, which may vary depending on the technology used and the user's environment and location.

(4)

Furthermore, users requiring a service offering a smaller positioning error than the ‘CS high precision’ service will still be able to obtain it from the enterprises that already offer commercial services to that level of precision locally.

(5)

It should also be noted that the fact that the commercial service's high precision service is free does not rule out other services provided by the system established under the Galileo programme perhaps being subject to a fee.

(6)

Accordingly, provision should be made for free access to the ‘CS high precision’ service offered by the commercial service, on the one hand, and for the general specifications of the ‘CS high precision’ service to provide for a positioning error of less than two decimetres.

(7)

Lastly, in deploying the ‘CS high precision’ service, the two planned phases should be renamed in order to better reflect what each really involves.

(8)

Implementing Decision (EU) 2017/224 should be amended accordingly.

(9)

The measures provided for in this Decision are in line with the opinion of the committee established pursuant to Article 36(1) of Regulation (EU) No 1285/2013,

(1)

the text in the row entitled ‘General specifications’ and in the column headed ‘CS high precision’ is replaced by the following: ‘Supply of high precision data in order to obtain a positioning error of less than two decimetres in nominal conditions of use’;

(2)

the text in the row entitled ‘Access to the service’ and in the column headed ‘CS high precision’ is replaced by the following: ‘— free access’;

(3)

in the row entitled ‘Deployment of the service’ and in the column headed ‘CS high precision’, the words ‘— Initial commercial operating phase between 2018 and 2020’ and ‘— Full commercial operating phase from 2020’ are replaced by the words ‘— Initial signals supply phase between 2018 and 2020’ and ‘— Full service supply phase from 2020’.

5.3.2018   

EN

Official Journal of the European Union

L 62/36

(1)

On 21 April 2017 the Confederation of European Paper Industries (‘CEPI’) lodged a complaint on behalf of the Union paper industry pursuant to Article 3 of the Trade Barriers Regulation.

(2)

CEPI claimed that the Republic of Turkey introduced on 28 September 2015 an import surveillance system for uncoated wood free paper, which includes a specific import licencing requirement, renders impossible imports under a certain threshold value and creates barriers to trade for imports above that threshold value.

(3)

The Commission decided that the complaint contained sufficient evidence to justify the initiation of an examination procedure. A Notice of Initiation was therefore published in the Official Journal of the European Union on 7 July 2017 (2).

(4)

During the investigation, the Republic of Turkey revoked the application of the import surveillance system with regard to uncoated wood free paper.

(5)

Despite the revocation of the measure subjecting uncoated wood free paper to the surveillance system, the surveillance system continues to exist and could be reintroduced for uncoated wood free paper. The Commission considers, therefore, that it is appropriate not to terminate but to suspend the procedure.

(6)

The Commission will monitor the situation.

(7)

The measures provided for in this Decision are in accordance with the opinion of the Trade Barriers Committee,

5.3.2018   

EN

Official Journal of the European Union

L 62/38

(1)

Regulation (EU) No 1011/2012 (ECB/2012/24) has been amended to: (i) clarify the scope of the group data reporting agents which can be identified as part of the actual reporting population by the Governing Council for the purpose of that Regulation, and (ii) to incorporate the possibility that group data pursuant to Article 3a of Regulation (EU) No 1011/2012 (ECB/2012/24) can be directly reported to the European Central Bank (ECB). Guideline ECB/2013/7 of the European Central Bank (3) needs to be amended to take account of these changes since it sets out the procedures that must be followed by the national central banks (NCBs) when reporting to the ECB under Regulation (EU) No 1011/2012 (ECB/2012/24).

(2)

In particular, Annex II containing the letter of notification of classification as group data reporting agent pursuant to Regulation (EU) No 1011/2012 (ECB/2012/24) needs to reflect the further specification of the criteria the Governing Council uses for classifying group data reporting agents.

(3)

Therefore, Guideline ECB/2013/7 should be amended accordingly,

(1)

in Article 3a, the following paragraph 3 is added:

‘3.   Notwithstanding the reporting requirement specified in paragraph 1, an NCB may decide that the group data reporting agents identified pursuant to Article 2 of Regulation (EU) No 1011/2012 (ECB/2012/24) shall report the statistical information specified in Chapter 2 of Annex I of that Regulation to the ECB. In such case, the NCB shall inform the ECB and the reporting agents accordingly, whereupon the ECB shall define and implement the reporting arrangements to be followed by the reporting agents and take over the task of collecting the required data directly from the reporting agents.’;

(2)

in Article 4b, the following paragraph 3 is added:

‘3.   Notwithstanding the reporting requirement specified in paragraph 1, an NCB may decide that the group data reporting agents identified pursuant to Article 2 of Regulation (EU) No 1011/2012 (ECB/2012/24) shall report the statistical information specified in Chapter 2 of Annex I of that Regulation to the ECB. In such case, the NCB shall inform the ECB and the reporting agents accordingly, whereupon the ECB shall define and implement the reporting arrangements to be followed by the reporting agents and take over the task of collecting the required data directly from the reporting agents.’;

(3)

Annex II is replaced by the Annex to this Guideline.