ISSN 1977-0677

Official Journal

of the European Union

L 31

European flag  

English edition

Legislation

Volume 62
1 February 2019


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Commission Delegated Regulation (EU) 2019/157 of 6 November 2018 amending Annex II to Delegated Regulation (EU) No 1062/2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council ( 1 )

1

 

*

Commission Implementing Regulation (EU) 2019/158 of 31 January 2019 renewing the approval of the active substance methoxyfenozide, as a candidate for substitution, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 ( 1 )

21

 

*

Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products

27

 

 

DECISIONS

 

*

Commission Implementing Decision (EU) 2019/160 of 24 January 2019 providing for a temporary derogation from the conditions required for certified seed provided for in Council Directives 66/401/EEC and 66/402/EEC (notified under document C(2019) 305)  ( 1 )

75

 

*

Commission Implementing Decision (EU) 2019/161 of 31 January 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2019) 821)  ( 1 )

77

 

 

Corrigenda

 

*

Corrigendum to Commission Regulation (EU) 2017/2196 of 24 November 2017 establishing a network code on electricity emergency and restoration ( OJ L 312, 28.11.2017 )

108

 

*

Corrigendum to Council Directive (EU) 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements ( OJ L 139, 5.6.2018 )

108

 


 

(1)   Text with EEA relevance.

EN

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

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


II Non-legislative acts

REGULATIONS

1.2.2019   

EN

Official Journal of the European Union

L 31/1


COMMISSION DELEGATED REGULATION (EU) 2019/157

of 6 November 2018

amending Annex II to Delegated Regulation (EU) No 1062/2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1) and in particular the first subparagraph of Article 89(1) thereof,

Whereas:

(1)

Commission Delegated Regulation (EU) No 1062/2014 (2), as amended by Commission Delegated Regulation (EU) 2017/698 (3), sets out in its Annex II a list of active substance/product-type combinations included in the programme of review of existing active substances contained in biocidal products on 3 February 2017.

(2)

The identities of certain active substances listed in Annex II which can be generated in situ have been redefined pursuant to Article 13 of Delegated Regulation (EU) No 1062/2014 in order to indicate in a more precise manner the active substances and their precursors presently covered in the work programme for systematic examination.

(3)

Any person with an interest could notify a combination of an active substance and its precursors not yet covered by the new identity. Substance/product-type combinations notified pursuant to Article 14(1)(b) and found compliant by the European Chemicals Agency (the Agency) with Article 17(2) of the Delegated Regulation (EU) No 1062/2014 should be included in Annex II to that Regulation pursuant to its Article 18.

(4)

Following the declarations received pursuant to Article 16(4) of Delegated Regulation (EU) No 1062/2014, an invitation was published by the Agency where any person with an interest could notify active substances in product-type 19 that benefitted from the derogation for food and feed provided for by Article 6 of Commission Regulation (EC) No 1451/2007 (4). The substance/product-type combinations notified pursuant to Article 16(5) and found compliant by the Agency with Article 17(2) of the Delegated Regulation (EU) No 1062/2014 should be included in Annex II to that Regulation pursuant to its Article 18.

(5)

It is appropriate to indicate the Member States the competent authorities of which shall be the evaluating competent authorities for the active substance/product-type combinations to be added to Annex II to Delegated Regulation (EU) No 1062/2014.

(6)

Active substance/product-type combinations for which a decision of approval or non-approval has been taken after 3 February 2017 should no longer be included in Annex II to Delegated Regulation (EU) No 1062/2014.

(7)

In order to reflect the actual situation and for reasons of legal certainty it is appropriate to provide a list of active substance/product-type combinations included in the programme of review of existing active substances contained in biocidal products on the day of adoption of this Regulation.

(8)

Delegated Regulation (EU) No 1062/2014 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Delegated Regulation (EU) No 1062/2014 is replaced by the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 6 November 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 167, 27.6.2012, p. 1.

(2)  Commission Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 (OJ L 294, 10.10.2014, p. 1).

(3)  Commission Delegated Regulation (EU) 2017/698 of 3 February 2017 amending Delegated Regulation (EU) No 1062/2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products (OJ L 103, 19.4.2017, p 1).

(4)  Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (OJ L 325, 11.12.2007, p. 3).


ANNEX

‘ANNEX II

SUBSTANCE/PRODUCT-TYPE COMBINATIONS INCLUDED IN THE REVIEW PROGRAMME ON 6 NOVEMBER 2018

Active substance/product-type combinations supported on 6 November 2018, excluding any other nanomaterial than those explicitly mentioned in entries 1017 and 1023, and excluding any generation in situ of the active substance except when explicitly mentioned with the reference to the supported precursor(s).

Entry number

Substance name

Rapporteur Member State

EC number

CAS number

1

2

3

4

5

6

7

8

9

10

11

12

13

17

18

19

21

22

1

Formaldehyde

DE

200-001-8

50-00-0

 

x

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

9

Bronopol

ES

200-143-0

52-51-7

 

x

 

 

 

x

 

 

x

 

x

x

 

 

 

 

 

x

36

Ethanol

EL

200-578-6

64-17-5

x

x

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

37

Formic acid

BE

200-579-1

64-18-6

 

x

x

x

x

x

 

 

 

 

x

x

 

 

 

 

 

 

1025

Performic acid generated from formic acid and hydrogen peroxide

BE

 

 

 

x

x

x

x

x

 

 

 

 

x

x

 

 

 

 

 

 

43

Salicylic acid

NL

200-712-3

69-72-7

 

x

x

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

52

Ethylene oxide

NO

200-849-9

75-21-8

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

69

Glycolic acid

NL

201-180-5

79-14-1

 

x

x

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1026

Peracetic acid generated from tetraacetylethylenediamine (TAED) and hydrogen peroxide

AT

 

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1027

Peracetic acid generated from 1,3- diacetyloxypropan-2-yl acetate and hydrogen peroxide

AT

 

 

 

x

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1028

Peracetic acid generated from tetraacetylethylenediamine (TAED) and sodium perborate monohydrate

AT

 

 

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1029

Peracetic acid generated by perhydrolysis of N-acetylcaprolactam by hydrogen peroxide in alkaline conditions

AT

 

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

71

L-(+)-lactic acid

DE

201-196-2

79-33-4

 

 

 

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

79

(2R,6aS,12aS)-1,2,6,6a,12,12a-Hexahydro-2-isopropenyl-8,9-dimethoxychromeno[3,4-b]furo[2,3-h]chromen-6-one (Rotenone)

UK

201-501-9

83-79-4

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

 

85

Symclosene

UK

201-782-8

87-90-1

 

x

x

x

x

 

 

 

 

 

x

x

 

 

 

 

 

 

92

Biphenyl-2-ol

ES

201-993-5

90-43-7

 

 

 

 

 

 

x

 

x

x

 

 

 

 

 

 

 

 

113

3-Phenyl-propen-2-al (Cinnamaldehyde)

UK

203-213-9

104-55-2

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

117

Geraniol

FR

203-377-1

106-24-1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

x

 

 

122

Glyoxal

FR

203-474-9

107-22-2

 

x

x

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

133

Hexa-2,4-dienoic acid (Sorbic acid)

DE

203-768-7

110-44-1

 

 

 

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

154

Chlorophene

NO

204-385-8

120-32-1

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

171

2-Phenoxyethanol

UK

204-589-7

122-99-6

x

x

 

x

 

x

 

 

 

 

 

 

x

 

 

 

 

 

1072

Carbon dioxide

FR

204-696-9

124-38-9

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

179

Carbon dioxide generated from propane, butane or a mixture of both by combustion

FR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

180

Sodium dimethylarsinate (Sodium Cacodylate)

PT

204-708-2

124-65-2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

185

Tosylchloramide sodium (Chloramin T)

ES

204-854-7

127-65-1

 

x

x

x

x

 

 

 

 

 

 

 

 

 

 

 

 

 

187

Potassium dimethyldithiocarbamate

UK

204-875-1

128-03-0

 

 

 

 

 

 

 

 

x

 

x

x

 

 

 

 

 

 

188

Sodium dimethyldithiocarbamate

UK

204-876-7

128-04-1

 

 

 

 

 

 

 

 

x

 

x

x

 

 

 

 

 

 

195

Sodium 2-biphenylate

ES

205-055-6

132-27-4

 

 

 

x

 

x

x

 

x

x

 

 

x

 

 

 

 

 

206

Thiram

BE

205-286-2

137-26-8

 

 

 

 

 

 

 

 

x

 

 

 

 

 

 

 

 

 

210

Metam-sodium

BE

205-293-0

137-42-8

 

 

 

 

 

 

 

 

x

 

x

 

 

 

 

 

 

 

227

2-Thiazol-4-yl-1H-benzoimidazole (Thiabendazole)

ES

205-725-8

148-79-8

 

 

 

 

 

 

x

 

x

x

 

 

 

 

 

 

 

 

235

Diuron

DK

206-354-4

330-54-1

 

 

 

 

 

 

x

 

 

x

 

 

 

 

 

 

 

 

239

Cyanamide

DE

206-992-3

420-04-2

 

 

x

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

253

Tetrahydro-3,5-dimethyl-1,3,5-thiadiazine-2-thione (Dazomet)

BE

208-576-7

533-74-4

 

 

 

 

 

x

 

 

 

 

 

x

 

 

 

 

 

 

283

Terbutryn

SK

212-950-5

886-50-0

 

 

 

 

 

 

x

 

x

x

 

 

 

 

 

 

 

 

292

(1,3,4,5,6,7-Hexahydro-1,3-dioxo-2H-isoindol-2-yl)methyl (1R-trans)-2,2-dimethyl-3-(2-methylprop-1-enyl)cyclopropanecarboxylate (d-Tetramethrin)

DE

214-619-0

1166-46-7

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

321

Monolinuron

UK

217-129-5

1746-81-2

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

330

N-(3-Aminopropyl)-N-dodecylpropane-1,3-diamine (Diamine)

PT

219-145-8

2372-82-9

 

x

x

x

 

x

 

x

 

 

x

x

x

 

 

 

 

 

336

2,2′-Dithiobis[N-methylbenzamide] (DTBMA)

PL

219-768-5

2527-58-4

 

 

 

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

339

1,2-Benzisothiazol-3(2H)-one (BIT)

ES

220-120-9

2634-33-5

 

x

 

 

 

x

 

 

x

 

x

x

x

 

 

 

 

 

341

2-Methyl-2H-isothiazol-3-one (MIT)

SI

220-239-6

2682-20-4

 

 

 

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

346

Sodium dichloroisocyanurate dihydrate

UK

220-767-7

51580-86-0

 

x

x

x

x

 

 

 

 

 

x

x

 

 

 

 

 

 

345

Troclosene sodium

UK

220-767-7

2893-78-9

 

x

x

x

x

 

 

 

 

 

x

x

 

 

 

 

 

 

348

Mecetronium ethylsulfate (MES)

PL

221-106-5

3006-10-8

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

359

Formaldehyde released from (Ethylenedioxy)dimethanol (Reaction products of ethylene glycol with paraformaldehyde (EGForm))

PL

222-720-6

3586-55-8

 

x

 

 

 

x

 

 

 

 

x

x

x

 

 

 

 

 

365

Pyridine-2-thiol 1-oxide, sodium salt (Sodium pyrithione)

SE

223-296-5

3811-73-2

 

x

 

 

 

x

x

 

x

x

 

 

x

 

 

 

 

 

368

Methenamine 3-chloroallylochloride (CTAC)

PL

223-805-0

4080-31-3

 

 

 

 

 

x

 

 

 

 

 

x

x

 

 

 

 

 

377

2,2′,2″-(Hexahydro-1,3,5-triazine-1,3,5-triyl)triethanol (HHT)

PL

225-208-0

4719-04-4

 

 

 

 

 

x

 

 

 

 

x

x

x

 

 

 

 

 

382

Tetrahydro-1,3,4,6-tetrakis(hydroxymethyl)imidazo[4,5-d]imidazole-2,5(1H,3H)-dione (TMAD)

ES

226-408-0

5395-50-6

 

x

 

 

 

x

 

 

 

 

x

x

x

 

 

 

 

 

392

Methylene dithiocyanate

FR

228-652-3

6317-18-6

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

 

 

 

393

1,3-Bis(hydroxymethyl)-5,5-dimethylimidazolidine-2,4-dione (DMDMH)

PL

229-222-8

6440-58-0

 

 

 

 

 

x

 

 

 

 

 

 

x

 

 

 

 

 

397

Didecyldimethylammonium chloride (DDAC)

IT

230-525-2

7173-51-5

x

x

x

x

 

x

 

 

 

x

x

x

 

 

 

 

 

 

401

Silver

SE

231-131-3

7440-22-4

 

x

 

x

x

 

 

 

 

 

x

 

 

 

 

 

 

 

1023

Silver, as a nanomaterial

SE

231-131-3

7440-22-4

 

x

 

x

 

 

 

 

x

 

 

 

 

 

 

 

 

 

405

Sulfur dioxide generated from sulfur by combustion

DE

 

 

 

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

424

Active bromine generated from sodium bromide and sodium hypochlorite

NL

 

 

 

x

 

 

 

 

 

 

 

 

x

x

 

 

 

 

 

 

1030

Active bromine generated from sodium bromide and calcium hypochlorite

NL

 

 

 

x

 

 

 

 

 

 

 

 

x

x

 

 

 

 

 

 

1031

Active bromine generated from sodium bromide and chlorine

NL

 

 

 

x

 

 

 

 

 

 

 

 

x

x

 

 

 

 

 

 

1032

Active bromine generated from sodium bromide by electrolysis

NL

 

 

 

x

 

 

 

 

 

 

 

 

x

x

 

 

 

 

 

 

1033

Active bromine generated from hypobromous acid and urea and bromourea

NL

 

 

 

 

 

 

 

 

 

 

 

 

x

x

 

 

 

 

 

 

1034

Active bromine generated from sodium hypobromite and N-bromosulfamate and sulfamic acid

NL

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

 

 

 

 

1035

Active bromine generated from ozone and bromide of natural water and sodium bromide

NL

 

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

434

Tetramethrin

DE

231-711-6

7696-12-0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

439

Hydrogen peroxide

FI

231-765-0

7722-84-1

 

 

 

 

 

 

 

 

 

 

x

x

 

 

 

 

 

 

1036

Hydrogen peroxide released from sodium percarbonate

FI

 

 

 

x

x

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

444

7a-Ethyldihydro-1H,3H,5H-oxazolo[3,4-c]oxazole (EDHO)

PL

231-810-4

7747-35-5

 

 

 

 

 

x

 

 

 

 

 

 

x

 

 

 

 

 

450

Silver nitrate

SE

231-853-9

7761-88-8

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

453

Disodium peroxodisulfate

PT

231-892-1

7775-27-1

 

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

432

Active chlorine released from sodium hypochlorite

IT

 

 

 

 

 

 

 

 

 

 

 

 

x

x

 

 

 

 

 

 

455

Active chlorine released from calcium hypochlorite

IT

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

 

 

 

 

457

Active chlorine released from chlorine

IT

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

 

 

 

 

458

Monochloramine generated from ammonium sulfate and a chlorine source

UK

 

 

 

 

 

 

 

 

 

 

 

 

x

x

 

 

 

 

 

 

1016

Silver chloride

SE

232-033-3

7783-90-6

x

x

 

 

 

x

x

 

x

 

 

 

 

 

 

 

 

 

473

Pyrethrins and Pyrethroids

ES

232-319-8

8003-34-7

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

x

 

 

491

Chlorine dioxide

DE

233-162-8

10049-04-4

 

x

x

x

x

 

 

 

 

 

x

x

 

 

 

 

 

 

1037

Chlorine dioxide generated from sodium chlorite by electrolysis

PT

 

 

 

x

x

x

x

 

 

 

 

 

x

x

 

 

 

 

 

 

1038

Chlorine dioxide generated from sodium chlorite by acidification

PT

 

 

 

x

x

x

x

 

 

 

 

 

x

x

 

 

 

 

 

 

1039

Chlorine dioxide generated from sodium chlorite by oxidation

PT

 

 

 

x

x

x

x

 

 

 

 

 

x

x

 

 

 

 

 

 

1040

Chlorine dioxide generated from sodium chlorate and hydrogen peroxide in the presence of a strong acid

PT

 

 

 

x

 

 

x

 

 

 

 

 

x

x

 

 

 

 

 

 

1041

Chlorine dioxide generated from sodium chloride by electrolysis

DE

 

 

 

x

x

x

x

 

 

 

 

 

x

x

 

 

 

 

 

 

1042

Chlorine dioxide generated from sodium chlorite and sodium bisulfate and hydrochloric acid

DE

 

 

 

 

 

x

x

 

 

 

 

 

 

 

 

 

 

 

 

 

1043

Chlorine dioxide generated from sodium chlorite and sodium bisulfate

DE

 

 

 

x

x

x

x

 

 

 

 

 

x

x

 

 

 

 

 

 

1044

Chlorine dioxide generated from sodium chlorite and sodium persulfate

DE

 

 

 

x

x

x

x

 

 

 

 

 

x

x

 

 

 

 

 

 

494

2,2-Dibromo-2-cyanoacetamide (DBNPA)

DK

233-539-7

10222-01-2

 

x

 

x

 

x

 

 

 

 

x

x

x

 

 

 

 

 

501

Carbendazim

DE

234-232-0

10605-21-7

 

 

 

 

 

 

x

 

x

x

 

 

 

 

 

 

 

 

1022

Dialuminium chloride pentahydroxide

NL

234-933-1

12042-91-0

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

515

Bromide activated chloramine (BAC) generated from precursors ammonium bromide and sodium hypochlorite

SE

 

 

 

 

 

 

 

 

 

 

 

 

x

x

 

 

 

 

 

 

522

Pyrithione zinc

SE

236-671-3

13463-41-7

 

x

 

 

 

x

x

 

x

x

 

 

 

 

 

 

x

 

524

Dodecylguanidine monohydrochloride

ES

237-030-0

13590-97-1

 

 

 

 

 

x

 

 

 

 

x

 

 

 

 

 

 

 

529

Active bromine generated from bromine chloride

NL

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

 

 

 

 

531

(Benzyloxy)methanol

UK

238-588-8

14548-60-8

 

 

 

 

 

x

 

 

 

 

 

 

x

 

 

 

 

 

550

D-Gluconic acid, compound with N,N′-bis(4-chlorophenyl)-3,12-diimino-2,4,11,13-tetraazatetradecanediamidine (2:1) (CHDG)

PT

242-354-0

18472-51-0

x

x

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

554

p-[(Diiodomethyl)sulphonyl]toluene

UK

243-468-3

20018-09-1

 

 

 

 

 

x

x

 

x

x

 

 

 

 

 

 

 

 

559

(Benzothiazol-2-ylthio)methyl thiocyanate (TCMTB)

NO

244-445-0

21564-17-0

 

 

 

 

 

 

 

 

x

 

 

x

 

 

 

 

 

 

562

2-Methyl-4-oxo-3-(prop-2-ynyl)cyclopent-2-en-1-yl 2,2-dimethyl-3-(2-methylprop-1-enyl)cyclopropanecarboxylate (Prallethrin)

EL

245-387-9

23031-36-9

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

563

Potassium (E,E)-hexa-2,4-dienoate (Potassium Sorbate)

DE

246-376-1

24634-61-5

 

 

 

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

566

Reaction products of paraformaldehyde and 2-hydroxypropylamine (ratio 1:1) (HPT)

AT

 

 

 

x

 

 

 

x

 

 

 

 

x

 

x

 

 

 

 

 

571

2-Octyl-2H-isothiazol-3-one (OIT)

UK

247-761-7

26530-20-1

 

 

 

 

 

x

x

 

x

x

x

 

x

 

 

 

 

 

577

Dimethyloctadecyl[3-(trimethoxysilyl)propyl]ammonium chloride

ES

248-595-8

27668-52-6

 

x

 

 

 

 

x

 

x

 

 

 

 

 

 

 

 

 

588

Bromochloro-5,5-dimethylimidazolidine-2,4-dione (BCDMH)

NL

251-171-5

32718-18-6

 

x

 

 

 

 

 

 

 

 

x

x

 

 

 

 

 

 

590

3-(4-Isopropylphenyl)-1,1-dimethylurea (Isoproturon)

DE

251-835-4

34123-59-6

 

 

 

 

 

 

x

 

 

x

 

 

 

 

 

 

 

 

597

1-[2-(Allyloxy)-2-(2,4-dichlorophenyl)ethyl]-1H-imidazole (Imazalil)

DE

252-615-0

35554-44-0

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

599

S-[(6-Chloro-2-oxooxazolo[4,5-b]pyridin-3(2H)-yl)methyl] O,O-dimethyl thiophosphate (Azamethiphos)

UK

252-626-0

35575-96-3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

608

Dimethyltetradecyl[3-(trimethoxysilyl)propyl]ammonium chloride

PL

255-451-8

41591-87-1

 

 

 

 

 

 

 

 

x

 

 

 

 

 

 

 

 

 

1045

Eucalyptus citriodora oil, hydrated, cyclized

UK

 

1245629-80-4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

1046

Cymbopogon winterianus oil, fractionated, hydrated, cyclized

UK

Not available

Not available

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

1047

Eucalyptus citriodora oil and citronellal, hydrated, cyclized

UK

Not available

Not available

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

609

2-Hydroxy-α,α,4-trimethylcyclohexanemethanol

UK

255-953-7

42822-86-6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

619

3-Iodo-2-propynylbutylcarbamate (IPBC)

DK

259-627-5

55406-53-6

 

 

 

 

 

 

x

 

x

x

 

 

 

 

 

 

 

 

620

Tetrakis(hydroxymethyl)phosphonium sulphate(2:1) (THPS)

MT

259-709-0

55566-30-8

 

 

 

 

 

x

 

 

 

 

x

x

 

 

 

 

 

 

648

4,5-Dichloro-2-octylisothiazol-3(2H)-one (4,5-Dichloro- 2-octyl-2H- isothiazol-3-one (DCOIT))

NO

264-843-8

64359-81-5

 

 

 

 

 

 

x

 

x

x

x

 

 

 

 

 

 

 

656

Reaction products of paraformaldehyde and 2- hydroxypropylamine (ratio 3:2) (MBO)

AT

 

 

 

x

 

 

 

x

 

 

 

 

x

x

x

 

 

 

 

 

667

Alkyl (C12-18) dimethylbenzyl ammonium chloride (ADBAC (C12-18))

IT

269-919-4

68391-01-5

x

x

x

x

 

 

 

 

 

x

x

x

 

 

 

 

 

x

671

Alkyl (C12-16) dimethylbenzyl ammonium chloride (ADBAC/BKC (C12-C16))

IT

270-325-2

68424-85-1

x

x

x

x

 

 

 

 

 

x

x

x

 

 

 

 

 

x

673

Didecyldimethylammonium chloride (DDAC (C8-10))

IT

270-331-5

68424-95-3

x

x

x

x

 

x

 

 

 

x

x

x

 

 

 

 

 

 

690

Quaternary ammonium compounds, benzyl-C12-18-alkyldimethyl, salts with 1,2-benzisothiazol-3(2H)-one 1,1-dioxide (1:1) (ADBAS)

MT

273-545-7

68989-01-5

 

x

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

691

Sodium N-(hydroxymethyl)glycinate

AT

274-357-8

70161-44-3

 

 

 

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

692

Amines, C10-16-alkyldimethyl, N-oxides

PT

274-687-2

70592-80-2

 

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

693

Pentapotassium bis(peroxymonosulfate)bis(sulfate) (KPMS)

SI

274-778-7

70693-62-8

 

x

x

x

x

 

 

 

 

 

 

 

 

 

 

 

 

 

939

Active chlorine generated from sodium chloride by electrolysis

SK

 

 

 

x

x

x

x

 

 

 

 

 

x

x

 

 

 

 

 

 

1048

Active chlorine released from hypochlorous acid

SK

 

 

 

x

x

x

x

 

 

 

 

 

 

 

 

 

 

 

 

 

1049

Active chlorine generated from sodium chloride and pentapotassium bis(peroxymonosulfate)bis(sulfate)

SI

 

 

 

x

x

x

x

 

 

 

 

 

 

 

 

 

 

 

 

 

1050

Active chlorine generated from seawater (sodium chloride) by electrolysis

FR

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

 

 

 

 

1051

Active chlorine generated from magnesium chloride hexahydrate and potassium chloride by electrolysis

FR

 

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1052

Active chlorine generated from magnesium chloride hexahydrate by electrolysis

FR

 

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1053

Active chlorine generated from potassium chloride by electrolysis

DK

 

 

 

x

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1054

Active chlorine generated from sodium N- chlorosulfamate

SI

 

 

 

 

 

x

 

 

 

 

 

 

x

x

 

 

 

 

 

 

1055

Active chlorine generated from sodium chloride and pentapotassium bis(peroxymonosulfate)bis(sulfate) and sulfamic acid

SI

 

 

 

x

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1056

Active chlorine generated from hydrochloric acid by electrolysis

SI

 

 

 

x

 

x

x

 

 

 

 

 

 

 

 

 

 

 

 

 

701

Dihydrogen bis[monoperoxyphthalato(2-)-O1,OO1]magnesate(2-) (MMPP)

PL

279-013-0

84665-66-7

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1024

Margosa extract from cold-pressed oil of the kernels of Azadirachta Indica extracted with super-critical carbon dioxide

DE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

724

Alkyl (C12-C14) dimethylbenzylammonium chloride (ADBAC (C12-C14))

IT

287-089-1

85409-22-9

x

x

x

x

 

 

 

 

 

x

x

x

 

 

 

 

 

x

725

Alkyl (C12-C14) dimethyl(ethylbenzyl)ammonium chloride (ADEBAC (C12-C14))

IT

287-090-7

85409-23-0

x

x

x

x

 

 

 

 

 

x

x

x

 

 

 

 

 

x

731

Chrysanthemum cinerariaefolium, ext.

ES

289-699-3

89997-63-7

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

1057

Chrysanthemum cinerariaefolium extract from open and mature flowers of Tanacetum cinerariifolium obtained with hydrocarbon solvent

ES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

x

 

 

1058

Chrysanthemum cinerariaefolium extract from open and mature flowers of Tanacetum cinerariifolium obtained with supercritical carbon dioxide

ES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

x

 

 

744

Lavender, Lavandula hybrida, ext./Lavandin oil

PT

294-470-6

91722-69-9

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

779

Reaction products of: glutamic acid and N-(C12-C14-alkyl)propylenediamine (Glucoprotamin)

DE

403-950-8

164907-72-6

 

x

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

785

6-(Phthalimido)peroxyhexanoic acid (PAP)

IT

410-850-8

128275-31-0

x

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

791

2-Butyl-benzo[d]isothiazol-3-one (BBIT)

CZ

420-590-7

4299-07-4

 

 

 

 

 

x

x

 

x

x

 

 

x

 

 

 

 

 

792

Chlorine dioxide generated from tetrachlorodecaoxide complex (TCDO) by acidification

DE

 

 

 

x

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

811

Silver sodium hydrogen zirconium phosphate

SE

422-570-3

265647-11-8

x

x

 

x

 

 

x

 

x

 

 

 

 

 

 

 

 

 

794

sec-Butyl 2-(2-hydroxyethyl)piperidine-1-carboxylate (Icaridine)

DK

423-210-8

119515-38-7

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

797

cis-1-(3-Chloroallyl)-3,5,7-triaza-1-azoniaadamantane chloride (cis CTAC)

PL

426-020-3

51229-78-8

 

 

 

 

 

x

 

 

 

 

 

 

x

 

 

 

 

 

813

Peroxyoctanoic acid

FR

 

33734-57-5

 

x

x

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1014

Silver zeolite

SE

Not available

Not available

 

x

 

x

x

 

x

 

x

 

 

 

 

 

 

 

 

 

152

Reaction products of 5,5-dimethylhydantoin, 5-ethyl-5-methylhydantoin with bromine and chlorine (DCDMH)

NL

Not available

Not available

 

 

 

 

 

 

 

 

 

 

x

 

 

 

 

 

 

 

459

Reaction mass of titanium dioxide and silver chloride

SE

Not available

Not available

x

x

 

 

 

x

x

 

x

x

x

 

 

 

 

 

 

 

777

Reaction products of 5,5-dimethylhydantoin, 5-ethyl-5-methylhydantoin with chlorine (DCEMH)

NL

Not available

Not available

 

 

 

 

 

 

 

 

 

 

x

 

 

 

 

 

 

 

810

Silver phosphate glass

SE

Not available

308069-39-8

 

x

 

 

 

 

x

 

x

 

 

 

 

 

 

 

 

 

824

Silver zinc zeolite

SE

Not available

130328-20-0

 

x

 

x

 

 

x

 

x

 

 

 

 

 

 

 

 

 

1013

Silver copper zeolite

SE

Not available

130328-19-7

 

x

 

x

 

 

x

 

x

 

 

 

 

 

 

 

 

 

1017

Silver adsorbed on silicon dioxide (as a nanomaterial in the form of a stable aggregate with primary particles in the nanoscale)

SE

Not available

Not available

 

 

 

 

 

 

 

 

x

 

 

 

 

 

 

 

 

 

854

(RS)-3-Allyl-2-methyl-4-oxocyclopent-2-enyl-(1R,3R;1R,3S)-2,2-dimethyl-3-(2-methylprop-1-enyl)-cyclopropanecarboxylate (mixture of 4 isomers 1R trans, 1R: 1R trans, 1S: 1R cis, 1R: 1R cis, 1S 4:4:1:1) (d-Allethrin)

DE

Plant protection product

231937-89-6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

855

(RS)-3-Allyl-2-methyl-4-oxocyclopent-2-enyl (1R,3R)-2,2-dimethyl-3-(2-methylprop-1-enyl)-cyclopropanecarboxylate (mixture of 2 isomers 1R trans: 1R/S only 1:3) (Esbiothrin)

DE

Plant protection product

260359-57-7

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

843

4-Bromo-2-(4-chlorophenyl)-1-ethoxymethyl-5-trifluoromethylpyrrole-3-carbonitrile (Chlorfenapyr)

PT

Plant protection product

122453-73-0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

 

859

Polymer of N-Methylmethanamine (Einecs 204-697-4 with (chloromethyl)oxirane (Einecs 203-439-8)/Polymeric quaternary ammonium chloride (PQ Polymer)

HU

Polymer

25988-97-0

 

x

 

 

 

 

 

 

 

 

x

 

 

 

 

 

 

 

868

Polyhexamethylene biguanide hydrochloride with a mean number-average molecular weight (Mn) of 1415 and a mean polydispersity (PDI) of 4.7 (PHMB(1415;4.7))

FR

Polymer

32289-58-0 and 1802181-67-4

 

 

x

 

 

 

 

 

x

 

x

 

 

 

 

 

 

 

869

Poly(oxy-1,2-ethanediyl),.alpha.-[2-(didecylmethylammonio)ethyl]-.omega.-hydroxy-, propanoate (salt) (Bardap 26)

IT

Polymer

94667-33-1

 

x

 

x

 

 

 

 

 

x

 

 

 

 

 

 

 

 

872

N-Didecyl-N-dipolyethoxyammonium borate/Didecylpolyoxethylammonium borate (Polymeric betaine)

EL

Polymer

214710-34-6

 

 

 

 

 

 

 

x

 

 

 

 

 

 

 

 

 

 

1059

Capsicum oleoresin

Extractives and their physically modified derivatives. It is a product which may contain resin acids and their esters, terpenes, and oxidation or polymerization products of these terpenes. (Capsicum frutescens, Solanaceae)

BE

Not available

8023-77-6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

1060

Capsicum annuum, ext.

Extractives and their physically modified derivatives such as tinctures, concretes, absolutes, essential oils, oleoresins, terpenes, terpene-free fractions, distillates, residues, etc., obtained from Capsicum annuum, Solanaceae.

BE

283-403-6

84625-29-6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

1061

Reaction mass of (6E)-N-(4-hydroxy-3-methoxy-2-methylphenyl)-8-methylnon-6-enamide and N-(4-hydroxy-3-methoxy-2-methylphenyl)-8-methylnonanamide

BE

Not available

Not available

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

1062

D-Fructose

AT

200-333-3

57-48-7

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

1063

Honey

AT

 

8028-66-8

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

1064

Malt, ext.

Extractives and their physically modified derivatives such as tinctures, concretes, absolutes, essential oils, oleoresins, terpenes, terpene-free fractions, distillates, residues, etc., obtained from Hordeum, Gramineae.

AT

232-310-9

8002-48-0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

1065

Vinegar

(food grade containing a maximum of 10 % acetic acid)

AT

Not available

8028-52-2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

1066

Cheese

AT

Not available

Not available

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

1067

Powdered egg

NL

Not available

Not available

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

1068

Saccharomyces cerevisiae

NL

Not available

68876-77-7

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

1069

Concentrated apple juice

NL

Not available

Not available

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

1070

Orange, sweet, ext.

Extractives and their physically modified derivatives such as tinctures, concretes, absolutes, essential oils, oleoresins, terpenes, terpene-free fractions, distillates, residues, etc., obtained from Citrus sinensis, Rutaceae.

CH

232-433-8

8028-48-6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 

1071

Garlic, ext.

Extractives and their physically modified derivatives such as tinctures, concretes, absolutes, essential oils, oleoresins, terpenes, terpene-free fractions, distillates, residues, etc., obtained from Allium sativum, Liliaceae.

AT

232-371-1

8008-99-9

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x

 

 


1.2.2019   

EN

Official Journal of the European Union

L 31/21


COMMISSION IMPLEMENTING REGULATION (EU) 2019/158

of 31 January 2019

renewing the approval of the active substance methoxyfenozide, as a candidate for substitution, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 24 in conjunction with Article 20(1) thereof,

Whereas:

(1)

Commission Directive 2005/3/EC (2) included methoxyfenozide as an active substance in Annex I to Council Directive 91/414/EEC (3).

(2)

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

(3)

The approval of the active substance methoxyfenozide, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011 expires on 31 July 2019.

(4)

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

(5)

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

(6)

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

(7)

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

(8)

On 10 August 2017 the Authority communicated to the Commission its conclusions (6) on whether methoxyfenozide can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented the draft renewal report for methoxyfenozide to the Standing Committee on Plants, Animals, Food and Feed on 25 May 2018.

(9)

As regards the new criteria to identify endocrine disrupting properties introduced by Commission Regulation (EU) 2018/605 (7), which became applicable on 10 November 2018, the conclusion of the Authority infers that it is highly unlikely that methoxyfenozide is an endocrine disrupter via the estrogenic, androgenic and steroidogenic modalities. Furthermore, the available evidence (amphibian metamorphosis assay) indicates that methoxyfenozide is unlikely to be an endocrine disruptor via the thyroid modality. Thus, the Commission considers that methoxyfenozide is not to be considered as having endocrine disrupting properties.

(10)

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

(11)

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

(12)

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

(13)

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

(14)

It is therefore appropriate to renew the approval of methoxyfenozide as a candidate for substitution pursuant to Article 24 of Regulation (EC) No 1107/2009.

(15)

In accordance with Article 14(1) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof, and, in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions. It is, in particular, appropriate to restrict the use of plant protection products containing methoxyfenozide to greenhouses in order to minimise the exposure for groundwater and non-target organisms and to require further confirmatory information.

(16)

Although it can be reasonably expected that metoxyfenozide is highly unlikely to have endocrine disrupting properties based on the available scientific information summarised in the conclusion of the Authority, in order to increase the confidence in this conclusion, in accordance with Point 2(2)(b) of Annex II to Regulation (EC) No 1107/2009, the applicant should provide an updated assessment of the information submitted and, where relevant, further information to confirm the absence of thyroid endocrine activity.

(17)

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

(18)

Commission Implementing Regulation (EU) 2018/917 (8) extended the approval period of methoxyfenozide to 31 July 2019 in order to allow the renewal process to be completed before the expiry of the approval of that substance. However, given that a decision on renewal has been taken ahead of this extended expiry date, this Regulation should apply from 1 April 2019.

(19)

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

HAS ADOPTED THIS REGULATION:

Article 1

Renewal of the approval of the active substance as a candidate for substitution

The approval of the active substance methoxyfenozide, as a candidate for substitution, is renewed as set out in Annex I.

Article 2

Amendments to Implementing Regulation (EU) No 540/2011

The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

Article 3

Entry into force and date of application

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

It shall apply from 1 April 2019.

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

Done at Brussels, 31 January 2019.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 309, 24.11.2009, p. 1.

(2)  Commission Directive 2005/3/EC of 19 January 2005 amending Council Directive 91/414/EEC to include imazosulfuron, laminarin, methoxyfenozide and s-metolachlor as active substances (OJ L 20, 22.1.2005, p. 19).

(3)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

(4)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

(5)  Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

(6)  EFSA Journal 2017;15(9):4978.

(7)  Commission Regulation (EU) 2018/605 of 19 April 2018 amending Annex II to Regulation (EC) No 1107/2009 by setting out scientific criteria for the determination of endocrine disrupting properties (OJ L 101, 20.4.2018, p. 33).

(8)  Commission Implementing Regulation (EU) 2018/917 of 27 June 2018 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances alpha-cypermethrin, beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, carvone, chlorpropham, cyazofamid, desmedipham, dimethoate, dimethomorph, diquat, ethephon, ethoprophos, etoxazole, famoxadone, fenamidone, fenamiphos, flumioxazine, fluoxastrobin, folpet, foramsulfuron, formetanate, Gliocladium catenulatum strain: J1446, isoxaflutole, metalaxyl-m, methiocarb, methoxyfenozide, metribuzin, milbemectin, oxasulfuron, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole, pymetrozine and s-metolachlor (OJ L 163, 28.6.2018, p. 13).


ANNEX I

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

Methoxyfenozide

CAS No 161050-58-4

CIPAC No 656

N-tert-Butyl-N′-(3-methoxy-o-toluoyl)-3,5-xylohydrazide

≥ 970 g/kg

The following impurities must not exceed the following levels in the technical material:

 

Tert-butylhydrazine < 0,001 g/kg

 

RH-116267 < 2 g/kg

1 April 2019

31 March 2026

Only uses in greenhouses shall be authorised.

For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on methoxyfenozide, and in particular Appendices I and II thereto, shall be taken into account.

In their overall assessment Member States shall pay particular attention to:

the protection of groundwater when the substance is applied in regions with vulnerable soil and/or climate conditions;

the risk of accumulation in soil;

the protection of non-target arthropods, sediment dwelling and aquatic organisms;

Conditions of use shall include risk mitigation measures, where appropriate.

The applicant shall submit to the Commission, the Member States and the Authority confirmatory information as regards:

1.

a comparative in vitro metabolism study on methoxyfenozide, by 1 April 2020;

2.

the effect of water treatment processes on the nature of residues present in surface and groundwater, when surface water or groundwater is abstracted for drinking water, within 2 years after adoption of a guidance document on evaluation of the effect of water treatment processes on the nature of residues present in surface and groundwater.

The applicant shall also provide an updated assessment of the information submitted and, where relevant, further information to confirm the absence of thyroid endocrine activity in accordance with Points 3.6.5 and 3.8.2 of Annex II of Regulation (EC) No 1107/2009, as amended by Commission Regulation (EU) 2018/605 (2), by 1 February 2021.


(1)  Further details on identity and specification of active substance are provided in the review report.

(2)  Commission Regulation (EU) 2018/605 of 19 April 2018 amending Annex II to Regulation (EC) No 1107/2009 by setting out scientific criteria for the determination of endocrine disrupting properties (OJ L 101, 20.4.2018, p. 33).


ANNEX II

The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

(1)

in Part A, entry 96 on methoxyfenozide is deleted;

(2)

in Part E, the following entry is added:

No.

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

‘11

Methoxyfenozide

CAS No 161050-58-4

CIPAC No 656

N-tert-Butyl-N′-(3-methoxy-o-toluoyl)-3,5-xylohydrazide

≥ 970 g/kg

The following impurities must not exceed the following levels in the technical material:

 

Tert-butylhydrazine < 0,001 g/kg

 

RH-116267 < 2 g/kg

1 April 2019

31 March 2026

Only uses in greenhouses shall be authorised.

For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on methoxyfenozide, and in particular Appendices I and II thereto, shall be taken into account.

In their overall assessment Member States shall pay particular attention to:

the protection of groundwater when the substance is applied in regions with vulnerable soil and/or climate conditions;

the risk of accumulation in soil;

the protection of non-target arthropods, sediment dwelling and aquatic organisms;

Conditions of use shall include risk mitigation measures, where appropriate.

The applicant shall submit to the Commission, the Member States and the Authority confirmatory information as regards:

1.

a comparative in vitro metabolism study on methoxyfenozide, by 1 April 2020;

2.

the effect of water treatment processes on the nature of residues present in surface and groundwater, when surface water or groundwater is abstracted for drinking water, within 2 years after adoption of a guidance document on evaluation of the effect of water treatment processes on the nature of residues present in surface and groundwater.

The applicant shall also provide an updated assessment of the information submitted and, where relevant, further information to confirm the absence of thyroid endocrine activity in accordance with Points 3.6.5 and 3.8.2 of Annex II of Regulation (EC) No 1107/2009, as amended by Commission Regulation (EU) 2018/605 (2) by 1 February 2021.


(1)  Further details on identity and specification of active substance are provided in the review report.

(2)  Commission Regulation (EU) 2018/605 of 19 April 2018 amending Annex II to Regulation (EC) No 1107/2009 by setting out scientific criteria for the determination of endocrine disrupting properties. (OJ L 101, 20.4.2018, p. 33).’


1.2.2019   

EN

Official Journal of the European Union

L 31/27


COMMISSION IMPLEMENTING REGULATION (EU) 2019/159

of 31 January 2019

imposing definitive safeguard measures against imports of certain steel products

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2015/478 of the European Parliament and of the Council of 11 March 2015 on common rules for imports (1), and in particular Article 16 thereof,

Having regard to Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports (2), and in particular Article 13 thereof,

Whereas:

1.   PROCEDURE

1.1.   Provisional measures

(1)

On 18 July 2018, Commission implementing regulation (EU) 2018/1013 (3) imposed provisional safeguard measures with regard to imports of certain steel products (‘the provisional Regulation’).

(2)

The investigation was initiated ex officio on 26 March 2018 (‘Notice of Initiation’) (4) into 26 different steel product categories, pursuant to Article 5 of Regulation (EU) 2015/478 of the European Parliament and of the Council and Article 3 of Regulation (EU) 2015/755 of the European Parliament and of the Council.

(3)

On 28 June 2018, the Commission extended the product scope of the safeguard investigation to two additional categories (‘Extension Notice’) (5).

(4)

As mentioned in recital (20) of the provisional Regulation, the investigation covered the period from 2013 to 2017 (‘the period considered’).

1.2.   Due process

(5)

The Commission received 452 questionnaire replies from interested parties in the framework of this investigation.

(6)

The Commission has also received an extensive number of written comments on the findings contained in the provisional Regulation from Union producers, exporting producers, importers, users, associations and third countries' authorities.

(7)

Following the adoption of provisional measures, the Commission undertook to verify more in depth the information (including the most recent data) supplied by the Union producers for the purpose of the final determination. Given the sheer number of EU cooperating producers, it was materially impossible to undergo verification visits at the premises of every single Union producer. Consequently, the Commission opted for checking the quality and reliability of the data by verifying those of a selected number of producers that were chosen to cover a sufficiently large production volume and the widest possible range of the product categories under investigation. On this basis, the Commission verified the questionnaire replies at the premises of ten Union producers that accounted for over 15 % of the overall sales in the Union in 2017 of the product under investigation.

(8)

From June to September 2018, verification visits were carried out at the premises of the following Union producers:

ArcelorMittal Poland S.A., Poland;

Compañía Española de Laminación, S.L (CELSA), Spain;

Mannesmann Precision Tubes GmbH, (Salzgitter Group), Germany;

Mannesmann Stainless Tubes GmbH, (Salzgitter Group), Germany;

Marcegaglia Carbon steel Spa, Italy;

Marcegaglia Specialties Spa, Italy;

Riva Stahl GmbH, Germany;

SIJ Acroni d.o.o., Slovenia;

U. S. Steel Košice, s.r.o., Slovakia; and

Ugitech SA, France.

(9)

In order to obtain the most recent information for its final determination, on 7 September 2018 the Commission requested the associations of Union producers to submit an updated set of data on the product categories under investigation.

(10)

Pursuant to Article 5 of Regulation (EU) 2015/478 and Article 3 of Regulation (EU) 2015/755 all interested parties who requested a hearing within the limit set were granted such hearing. On 12, 13 and 14 September and 1 October 2018, the Commission organised 93 individual hearing sessions, during which 150 interested parties expressed their views.

(11)

Comments submitted within the deadlines by interested parties, in writing or orally during the hearing sessions, were duly considered and taken into account where appropriate.

2.   PRODUCT CONCERNED AND LIKE OR DIRECTLY COMPETING PRODUCT

(12)

The product concerned is certain steel products belonging to the 28 steel product categories defined in the above-mentioned Notice of Initiation, as amended by the Extension Notice, taken all together. These product categories are subject to the US tariff measures under Section 232 of the Trade Expansion Act of 1962 (‘US Section 232 measures’).

2.1.   A single group definition

(13)

The Commission defined the product scope of the safeguard investigation in recitals (11) to (17) of the provisional Regulation, where it presented a detailed reasoning in support of the global analysis in the light of the strong interrelations between all product categories subject to the investigation.

(14)

After the publication of the provisional Regulation, several interested parties claimed that there is not one single product concerned but several products concerned. These parties observed that the Notice of Initiation does not refer to a single product concerned but uses in some passages the plural and refers to ‘products concerned’.

(15)

The same parties claimed that the approach followed by the Commission in the current investigation is contrary to the ruling of the Appellate Body (‘AB’) in US – Steel Safeguards (6). In this case, the AB ruled that applying a global approach to the calculation of ‘unforeseen developments’ could lead to the application of ‘safeguard measures to a broad category of products even if imports of one or more of those products did not increase and did not result from the “unforeseen developments”’ and would not meet the requirement of Article XIX of the GATT. These parties also claimed that in the 2002 Steel safeguard investigation (7) the Commission carried out a separate analysis per product category for which reason the same individual assessment should also be carried out in this case.

(16)

Finally, several interested parties contested the interrelations and interconnections between product categories that the Commission put forward to justify its single analysis. These parties, while recognising that such linkages do exist between certain product categories, were of the view that they are not present across all categories, for instance between carbon steel and stainless steel categories, or between flat products, long products and pipes.

(17)

The Commission analysed these claims and rejected them on the following basis. First, the Notice of Initiation clearly states repeatedly and without doubt that the 28 product categories under investigation were treated as a single group of products for the purposes of analysing whether the conditions for adopting safeguards were warranted. In fact, the provisional Regulation refers to the 28 product categories as the ‘product concerned’ or ‘the product categories concerned’ (see recital (11) of the provisional Regulation) and the analysis therein is made on the basis of the 28 product categories concerned taken all together (see recital (22) of the provisional Regulation). Thus, the reference to ‘products concerned’ should be understood as the product categories examined together as part of a single product concerned.

(18)

Second, the WTO Agreement on Safeguards does not impose any specific obligations with respect to the definition or the scope of the product under investigation and does not contain any guidelines with respect to this matter, as confirmed by a WTO Panel. Indeed, a safeguard measure may be applied to a product, imports of which have increased; however, a disaggregated analysis for all cases in which the definition of the product under investigation comprises more than one product is not required. Accordingly, it is the investigating authority which defines the product under investigation, as well as the way in which the relevant data should be analysed in the investigation (8). Moreover, no claim has been brought explaining how, in the circumstances of the present case, the joint consideration of product categories could have affected the analysis made by the Commission and/or resulted in an inadequate determination of the increase in imports during the period of investigation. Finally, and incidentally, the Commission also notes that the Appellate Body ruling referred to by the parties concerns the analysis of unforeseen development, and not as such the issue of whether a global analysis is permitted under the WTO Agreement on Safeguards.

(19)

Third, although the Commission reiterated and confirmed in its final determination the need to carry out in the present case an overall analysis of the conditions required to impose safeguards, in order to further examine the linkage between certain categories as argued by some interested parties, the Commission further decided to examine the 28 product categories under investigation, which are treated formally as a single group, also as three steel ‘product families’. This decision has been taken in order to examine, in addition, whether the findings for the single group are confirmed at more disaggregated level and to dispel any doubts about the reliability of the conclusions reached at an overall level. The three steel product families regroup certain product categories showing an even stronger degree of commonalities between them.

(20)

Indeed, the steel industry commonly uses three steel product families, namely: flat products, long products and tubes. In the framework of this safeguard investigation, it is considered that within each of these families, the products present similar characteristics, frequently share production processes, are often the input for other downstream products within the family, have common users or customers in the supply chain, which is why their supply and demand substitutability and intra-‘family’ competition is more marked than if all steel product categories were taken together in a single group.

(21)

The three ‘product families’ are defined as follows:

Table 1

Product families

Product family

Product category

1 Flat products

1,2,3,4,5,6,7,8,9,10,11

2 Long products

12,13,14,15,16,17,18,19,27,28

3 Tubes

20,21,22,23,24,25,26

(22)

Accordingly, the Commission will address the comments made by certain interested parties as regards the broad definition of the product concerned by complementing the overall assessment of the 28 product categories under investigation with an analysis per product family as defined above.

2.2.   Requests concerning specific product categories

(23)

Several interested parties claimed that certain specific product categories should be excluded from the scope of the product concerned, due to an alleged lack or limited availability of Union production. These claims concern notably the following product categories:

Non-grain oriented electrical sheets used in motors and generators manufacturing (falling within product category 3);

Steel parts used as inputs in the automotive industry (falling within product category 4);

Tin mill products (falling within product category 6);

(24)

The Commission analysed carefully these claims and came to the conclusion that like or directly competing product categories are in fact produced in the Union by the Union industry. Furthermore, as it will be elaborated below in the section on Union interest, the Commission has shaped the safeguard measures in such a way as to ensure that disruption to imports is minimised and traditional import levels from trading partners are preserved. Therefore, the alleged likelihood of a shortage of some product categories is unjustified, also considering the adjustments and considerations laid down in the Union interest analysis.

(25)

The Commission therefore concluded that the request to exclude certain product categories should be rejected.

(26)

In the absence of further comments regarding the product concerned and the like or directly competing product, the conclusions reached in recitals (11) to (17) of the provisional Regulation are hereby confirmed.

3.   INCREASE IN IMPORTS

(27)

In recitals (20) to (29) of the provisional Regulation, the Commission made an overall analysis of the increase in imports for the 28 product categories concerned over the period 2013-2017. This global analysis already excluded product categories that did not show an import increase at individual level.

(28)

For its definitive determination, the Commission followed the same approach but, as previously explained, complemented its analysis by examining the development of imports for each of the three product families identified in Section 2.2 to confirm the soundness of the conclusions reached on a global basis.

(29)

The Commission used in its analysis the most recent statistics, namely import data covering the first half of 2018. For ensuring data comparability with previous full-year periods, the Commission established an additional ad-hoc 12-month period made of the last 6 months of 2017 and the first 6 months of 2018 (‘the most recent period’ or ‘MRP’). The Commission also corrected some minor clerical errors in the data used at provisional stage.

(30)

Furthermore, in its assessment of imports evolution, the Commission has not taken into account the import volumes from a series of countries that should be excluded from the scope of the definitive measures, in particular: the European Economic Area (EEA) countries and certain countries with which the Union has signed an Economic Partnership Agreement that is currently in force, and which specifically foresee an exclusion from the scope of multilateral safeguard (9).

(31)

While, at provisional stage, imports were found not to increase for 5 product categories (10), the examination of the most recent import data shows that only 2 out of the 28 product categories did not experience an increase in imports, namely product category 11 and product category 23. The Commission therefore decided to exclude these two product categories from the scope of its final analysis. The individual development of imports for each product category is included in Annex II

(32)

As to the global imports' analysis, the imports of the 26 remaining product categories under assessment show the following developments:

Table 2

Import volume (after exclusion of certain countries and products) and market share

 

2013

2014

2015

2016

2017

MRP

Imports (000 tonnes)

18 329

21 868

26 552

29 141

30 094

31 314

index 2013 = 100

100

119

145

159

164

171

Market share

12,7 %

14,4 %

16,9 %

17,9 %

18,1 %

18,8 %

Source: Eurostat and Union Industry questionnaire replies.

(33)

Imports increased in absolute terms by 71 % during the period of analysis, and in relative terms with market shares increasing from 12,7 % to 18,8 %. The most significant increase took place in the period 2013-2016. Subsequently, imports continued to increase at a slower pace before picking up again in the MRP, when the US Section 232 measures entered into force. The above-mentioned trend is also confirmed by the vast majority of the questionnaire replies received from producers based in the main exporting countries (11).

(34)

In order to supplement the global import analysis, the Commission conducted an examination of the import evolution for each of the three product families identified above: flat products, long products and tubes. On this basis, the import volumes and corresponding market shares developed as follows:

Table 3

Import volume (after exclusion of certain countries and products) and market share – by product family

 

2013

2014

2015

2016

2017

MRP

Flat products

imports (000 tonnes)

12 327

14 215

18 391

20 281

20 299

20 202

index 2013 = 100

100

115

149

164

164

164

Market share

14,2 %

15,8 %

19,4 %

20,7 %

20,9 %

20,9 %

Long products

imports (000 tonnes)

4 001

5 258

6 028

6 550

6 465

7 901

index 2013 = 100

100

131

151

164

162

197

Market share

8,6 %

10,6 %

11,8 %

12,4 %

11,8 %

14,0 %

Tubes

imports (000 tonnes)

2 001

2 396

2 134

2 310

3 330

3 212

index 2013 = 100

100

120

107

115

166

160

Market share

20,4 %

20,8 %

19,9 %

20,1 %

25,3 %

25,7 %

Source: Eurostat and Union Industry questionnaire replies.

(35)

The statistics show that all three product families (flat products, long products and tubes) increased in absolute terms by respectively 64 %, 97 % and 60 % during 2013-MRP. In the same period, imports also increased in relative terms with market shares increasing respectively from 14,2 % to 20,9 %; 8,6 % to 14,0 % and 20,4 % to 25,7 %.

(36)

The most significant increase for the flat products, both in absolute and relative terms, took place in the period 2013-2016. Imports thereafter remained relatively stable but at a much higher level than in the period 2013-2015. For long products, the most significant increase both in absolute and relative terms, took place in the period 2013-2016 before picking up steeply in the MRP. As for tubes, imports increased progressively over the period 2013-2016, before steeply increasing, both in absolute and relative terms, in the period 2016-MRP.

(37)

As regards the comments received by the Commission, one interested party claimed that two product categories out of the five that had been excluded from the scope of the provisional measures, namely product category 10 and 19, should be covered by the definitive measures as recent statistics show an increase in imports. Another party made a similar claim as regards product category 24. These claims have been accepted since, as previously explained, import statistics pertaining to product categories 10, 19 and 24 actually showed an overall increase in imports over the period 2013-MRP. Moreover, import volumes for these three product categories also increased over the period 2017-MRP. Furthermore, as developed in recital (34), these products belong to product families that also show an increase over the period 2013-MRP.

(38)

Several interested parties claimed that there was no sudden, sharp, significant and recent increase of imports and referred to the Appellate Body report Argentina – Footwear (12) and other WTO cases such as US – Wheat Gluten (13), Ukraine – Passenger Cars (14), US – Steel Safeguards (15). In summary, this case-law provides that it is not enough for an investigation to show simply that imports have increased over a five-year period. The increase must be sufficiently recent, sudden and significant both quantitatively and qualitatively, to cause or threaten to cause serious injury. This case law also clarified the meaning of sharp (‘involving sudden change of direction; abrupt, steep’) and sudden (‘happening or coming without warning; unexpected’, or ‘abrupt, sharp’). Other parties also claimed that the increase in imports was steady or that the imports increased up to 2015 without showing a sharp sudden or significant increase ever since.

(39)

In this regard, it is first recalled that the Commission conducted a thorough analysis of the import volumes of the 28 product categories over the period 2013-2017 (considering the trends in imports over the period of investigation, rather than just comparing the end points) and that it also analysed the development of imports in the MRP. On this basis, it has excluded upfront certain product categories that did not show an increase over the period 2013-MRP. Furthermore, as explained in recitals (33), (35) and (36), the Commission concluded that imports had increased in absolute terms by 71 % globally and between 60 % and 97 % when grouped into product families over the period 2013-MRP. Additionally, Eurostat statistics also show that imports increased by 45 % between 2013 and 2015 and that this sharp increase continued until the MRP to reach 71 % overall. A similar trend is also observed as far as the relative increase in imports is concerned. On this basis, it is confirmed that the increase in imports was sharp and sudden as clarified by the case-law. Considering the extent of the increase, it is also confirmed that the increase was significant. As far as the recentness is concerned, the Commission notes that there is no specific jurisprudence as to how the term ‘recent’ should be interpreted. The Appellate Body has merely interpreted the requirement that a Member may apply a safeguard only if a product ‘is being imported’ in increased quantities to mean that the increase in imports must be ‘recent’ enough to cause or threaten to cause serious injury (16). The Commission confirmed that increase in imports, in view of the developments in the period 2013-MRP and even 2015-MRP, was recent enough to cause or threaten to cause serious injury. Accordingly, the Commission rejected the above-mentioned claims on lack of qualifying import increase.

(40)

Several interested parties claimed that the Commission end-point to end-point analysis at an aggregate level was insufficient and that the Commission should also have analysed intervening trends over the period 2013-2017, in line with WTO case law such as US – Steel safeguards (17) and Ukraine – Passenger Cars (18). According to such case law, the analysis cannot rely on a comparison of the end-points of the period of analysis as it could lead to manipulated results in cases where there is no clear and uninterrupted upward trend in import volumes. The case law also foresees that the investigating authority shall set out a reasoned and adequate explanation concerning the development of imports between the end-points.

(41)

The Commission considers that it has not just made an end-point to end-point analysis since, as substantiated above in recital (33) to (36), the Commission has also analysed intervening trends and made an adequate and reasoned analysis of import trends. The relevant claims have therefore been rejected.

(42)

Certain interested parties indicated that analysing the evolution of imports over the period 2013 – 2017 was misleading since the level of imports in 2013 was abnormally low as a result of the global economic crisis, and the increase in the subsequent period was merely a recovery of a normal situation.

(43)

In this regard, the Commission considered that taking 2013 as the starting point for the analysis did not taint that analysis. While EU steel consumption indeed increased by 14 % over the period 2013-2017 (see Table 4 below), such an increase was achieved in a progressive manner throughout the period. In contrast imports increased much more than the EU demand, namely by 64 % over the same period and at a much faster rate than EU consumption. Consequently, market share of imports increased by 5,4 % points (from 12,7 % to 18,1 %) over the period 2013-2017. On this basis, this claim was rejected.

(44)

Several interested parties claimed that imports by the Union industry should have been excluded from the analysis of import volumes. In this regard, it should be noted that there is no legal requirement to make such an exclusion. In any event, based on the questionnaire replies received from the Union producers, such imports remained stable over the period 2013-2017 and only accounted for a marginal portion of the total import (ranging from 0,3 % to 0,7 % of the total imports). The above claim was therefore rejected.

(45)

One interested party claimed that imports through inward processing should have been excluded from the analysis of the import volumes in general and for product category 25 in particular. In this regard, it should be noted that for all product categories other than product category 25, the import volume trend observed does not change if inward processing is excluded from the analysis. In the particular case of product category 25, a sale by a Union producer was lost to the benefit of an exporting producer in a third country market. As a consequence, it was considered appropriate to include such volumes in the assessment of the increase in imports in order to reflect the full impact of third country imports. On this basis, this claim has been rejected.

(46)

Certain interested parties claimed that the import volume and corresponding market share for product categories 1, 6, 7, 17 and 28 decreased over the period 2016-2017. In this regard, the Commission notes that in its final determination it has also considered the development of imports during the most recent period and, on this basis, imports did increase for all these categories with the exception of category 7. However, even for this latter category, imports during the MRP were significantly higher than in 2013-2014. In addition, the Commission carried out a global analysis for all steel products and individually for each of the three product families identified, and concluded that imports increased overall during the whole analysed period. This claim was therefore rejected.

(47)

Accordingly, the Commission concludes that there has been a sudden, steep, and significant increase of imports both in absolute and relative terms for the product concerned under assessment. This finding is also confirmed by the data at the level of each of the three product families assessed.

4.   UNFORESEEN DEVELOPMENTS

(48)

As explained in detail in recitals (30) to (36) of the provisional Regulation, the Commission had concluded preliminarily that the above-mentioned increase in imports of certain steel products in the Union had been the result of unforeseen developments that found their source in a number of factors establishing and aggravating imbalances in the international trade of the product concerned.

(49)

These factors consisted of an unprecedented steelmaking overcapacity that persists despite the important number of measures adopted worldwide to reduce it, accentuated by distortive subsidies and government support measures, which led to price depression, the increased use of trade restrictive practices, trade defence instruments and the US Section 232 measures adopted in March 2018.

(50)

Several interested parties claimed that unforeseen developments should be demonstrated for each product category. The Commission disagrees with these views and considers that, given the high interrelation and interconnection between the product categories as explained in Section 2.1, it is sufficient to demonstrate the existence of unforeseen developments globally. On this basis, this claim was rejected.

(51)

As far as overcapacity is concerned, several interested parties claimed that overcapacity is well-known to the Commission and could not be considered as an unforeseen development. They also claimed that the Commission had previously linked the injury suffered by the Union industry to dumped or subsidized imports and that the link between the increase in imports and the unforeseen development of steel overcapacity had not been established.

(52)

In this regard, it should first be noted that, as provided in Figure 2.3 of the Global Trade Alert report ‘Going Spare: Steel, Excess Capacity, and Protectionism’ (19), the world crude steel excess capacity decreased from 2009 to 2011 before following an opposite trend from 2011 to 2016. Considering that the total crude steel excess production capacity in 2011 was already well above the total production of that year, it was expected that total crude steel capacity would decrease or at least remain stable in order to improve capacity utilization and cost efficiency. Total crude steel production capacity, however, unexpectedly continued to increase after 2011, generating an additional world excess capacity as confirmed by the Commission in its Communication ‘Steel: Preserving Sustainable Jobs and Growth in Europe’ (20). Considering the timing of the events described above and more specifically the fact that excess production capacity increased at a time when it was economically expected to decrease, it is concluded that the steel overcapacity should be considered as an unforeseen development.

(53)

As far as the causality established in previous investigations tackling unfair trading practices is concerned, reference is made to the above-mentioned Communication, which provides that such investigations are recognized as ‘measures aiming to mitigate the effects of overcapacity’. On such basis, it is clear that overcapacity is inherently closely linked to dumped and subsidized imports. Yet, in anti-dumping and anti-subsidy investigation, the overcapacity in the steel sector is not examined as an unforeseen development since this requirement is not present in an assessment underlying the imposition of those trade remedy instruments.

(54)

As far as the link between the unforeseen development of steel overcapacity and the increase in imports is concerned, it is clear that exporting producers have an interest in maximizing their capacity utilization. In situations where spare capacity is available after supplying their domestic market, they will seek other business opportunities on export markets and thus generate an increase in import volumes on such markets. On this basis, the above mentioned claims have to be rejected.

(55)

As far as the surge of adoption of trade restrictive measures is concerned, several parties claimed that they could not be recognized as unforeseen developments as they are recognized exceptions to the general WTO rules and that the number of trade defence instrument measures imposed in 2017 decreased. They also claimed that the link between the increase in imports and the unforeseen development of trade restrictive measures had not been established.

(56)

The Commission disagrees with such claims as the fact that trade restrictive actions are taken within the framework of WTO rules does not imply that they cannot be considered as an unforeseen development. The Commission does not contest the right of countries to take anti-dumping or anti-subsidy measures according to the relevant WTO rules. The issue at stake, however, is the unprecedented and increased number of such measures taken by third countries, which have created trade diversion resulting in increase of imports into the EU. It is recalled that, in recital (34) of the provisional Regulation, the Commission noted that, based on WTO statistics, whereas an average of 77 steel-related investigations had been initiated per year during 2011-2013, this average increased to 117 during 2015-2016. No party has questioned these figures which indicate an unforeseen development, leading to the increase of imports established above. Therefore, the above claims were rejected.

(57)

As far as the US Section 232 measures are concerned, several interested parties claimed that these measures cannot be considered to be an unforeseen development triggering an increase in imports as they were imposed after the period 2013-2017. Other interested parties indicated that even the imports that took place from January 2018 to March 2018 are not affected by the US Section 232 measures.

(58)

In this regard, it should first be noted that while the US Section 232 measures were effectively introduced on 8 March 2018, the investigation that led to their adoption was already initiated in April 2017 and the report on which basis they were decided was issued on 11 January 2018. Even if, arguably, the US Section 232 measures could not have caused any impact on imports before their adoption, the mere initiation of the investigation did undoubtedly create uncertainty on the market and caused effects on steel trade flows. Moreover, as further confirmed below, since the adoption of the US Section 232 measures, the Commission considered that trade diversion was already taking place with regard to some product categories.

(59)

It should also be noted, in this respect, that the US Section 232 measures have sped up the increase in imports by adding further trade diversion flows to the prevailing prior increasing trend. As reported in Table 14, available statistics show that, with the exception of April 2018, monthly imports of steel into the US became consistently lower than their corresponding volume in 2017. This coincides with an opposite increasing trend in imports observed in the Union, where, as noted in Table 12, monthly imports volumes were consistently at a higher level than a year before.

(60)

Other interested parties indicated that the impact of the Section 232 measures should be disregarded or not be overestimated as they operate subject to many product exclusions. In the same context, it was claimed that Korean exports are a non-issue as Korea has secured enough export quota volume from the US administration.

(61)

In this regard, it should be noted that only Australia was unconditionally exempted from the Section 232 measures and that its imports of the products concerned accounted for around 1 % of total US imports in 2017 (21). Other countries such as South Korea, Argentina and Brazil were granted a tariff-free quota but were not exempted from the measures. As far as these countries are concerned, it should be noted that a higher number of quotas were set at zero and that numerous quotas were already exhausted upon allocation (22). On this basis, it is considered that the allocated quotas give no guarantee that the allocated quota would be sufficient to prevent trade diversion. Furthermore, on the basis of available statistics, it appears that these three countries accounted for less than 20 % of the total 2017 imports. Therefore, the relevant claims on quotas were rejected.

(62)

Considering the above, it is confirmed that the unforeseen developments described in recital (49) have lead and will further lead to a clear increase of the steel imports into the Union.

5.   THREAT OF SERIOUS INJURY

(63)

In line with the global product scope approach defined in this investigation, at provisional stage, the injury analysis was also made globally. Occasionally, the provisional Regulation illustrated that the conclusions on injury under the global analysis were corroborated also at product category level by way of examples.

(64)

Likewise, the injury assessment at the definitive stage has been conducted on a global basis, namely for the product concerned under assessment, thereby including the 26 product categories where the Commission found an increase in imports. However, as in the evolutions of imports, the Commission supplemented its analysis with an assessment for each of the three product families referred to in recital (21) above.

(65)

The injury analysis below is based on the questionnaire replies submitted by the Union industry. Following receipt of more up-to-date information and the verification of the data, the injury indicators described at provisional stage were updated where appropriate in order to include the most recent (2018) data.

5.1.   Global development of the situation of the Union steel industry

5.1.1.   Consumption, domestic sales and market shares

(66)

The Commission established the Union consumption by adding to the sales in the Union of the Union producers, the imports from all countries, excluding imports from members of the EEA and from certain countries with which the Union has signed an Economic Partnership Agreement that is currently in force (see recital (30) above).

(67)

On this basis, Union consumption, sales of Union producers and the corresponding market share developed as follows:

Table 4

The Union consumption, domestic sales and market share

(000 tonnes)

2013

2014

2015

2016

2017

Consumption (all)

148 455

155 730

160 742

166 375

169 350

index 2013 = 100

100

105

108

112

114

Domestic sales (all)

129 592

133 285

133 575

136 586

138 636

index 2013 = 100

100

103

103

105

107

Market share (all)

87,3 %

85,6 %

83,1 %

82,1 %

81,9 %

Source: Eurostat and industry data.

(68)

Overall consumption of the relevant 26 product categories increased consistently over the period 2013 – 2017, with an overall increase by 14 %. Sales volumes of Union industry producers increased over this period, but to a much lesser extent than Union consumption, i.e. by 7 % only. The Union industry's overall market share, therefore, decreased consistently during the period considered, by 5,4 percentage points.

5.1.2.   Production, production capacity, capacity utilisation rate and stocks

(69)

Production, production capacity and capacity utilisation rate and stocks developed as follows:

Table 5

Production, production capacity, capacity utilisation, stocks

(000 tonnes)

2013

2014

2015

2016

2017

Production (all)

243 945

249 855

248 763

249 204

254 925

index 2013 = 100

100

102

102

102

105

Production capacity (all)

337 010

334 545

332 427

333 179

335 358

index 2013 = 100

100

99

99

99

100

Capacity utilisation (all)

72 %

75 %

75 %

75 %

76 %

Stocks (all)

11 883

12 734

13 159

12 974

14 140

index 2013 = 100

100

107

111

109

119

Source: Industry data and questionnaire replies.

(70)

Production volume for the product concerned under assessment increased overall by 5 % during the period considered. Production capacity remained stable and, therefore, capacity utilisation increased overall by 4 percentage points during the period 2013 - 2017. Stocks held by the cooperating Union industry producers increased overall by 19 % during the period 2013 - 2017

5.1.3.   Unit sales prices, profitability and cash flow

(71)

Unit sales prices, profitability and cash flow developed as follows:

Table 6

Unit sales price, profitability, cash flow

 

2013

2014

2015

2016

2017

Unit sales price (EUR/tonne)

693,6

673,4

636,6

591,0

697,7

index 2013 = 100

100

97

92

85

101

Profitability (% turnover)

– 0,9 %

0,8 %

0,6 %

2,1 %

5,6 %

Cash flow (million EUR)

3 721

4 975

6 461

5 508

6 201

index 2013 = 100

100

134

174

148

167

Source: Questionnaire replies.

(72)

Verified and updated figures confirm the trend established in the provisional Regulation. For all products, there was significant price depression on the Union market until 2016. Prices recovered to their 2013 level thereafter. Overall, and despite a significant decrease in prices, the Union industry could reduce its cost of production to achieve a marginal profit level in 2016 and increase it to a more sustainable level in 2017 (5,6 %). The overall cash flow position of the Union industry increased by 67 % from 2013 to 2017.

5.1.4.   Employment

(73)

In terms of employment, the Union industry lost 9 208 jobs from 2013 to 2017, shown in the table below.

Table 7

Employment

(FTE)

2013

2014

2015

2016

2017

Employment (all)

225 607

220 429

218 010

217 460

216 399

index 2013 = 100

100

98

97

96

96

Source: Industry data and questionnaire replies.

5.2.   Analysis of the situation of the Union steel industry for the three product families

5.2.1.   Consumption, domestic sales and market shares

(74)

For each of the three product families, consumption, domestic sales and market shares developed as follows:

Table 8

Consumption, domestic sales, market share per product family

(000 tonnes)

2013

2014

2015

2016

2017

Consumption (flat)

87 679

90 729

95 598

98 749

98 124

index 2013 = 100

100

103

109

113

112

Consumption (long)

50 829

53 333

54 160

55 890

57 921

index 2013 = 100

100

105

107

110

114

Consumption (tubes)

9 947

11 667

10 985

11 735

13 305

index 2013 = 100

100

117

110

118

134

 

 

 

 

 

 

Domestic sales (flat)

75 212

76 365

77 020

78 274

77 601

index 2013 = 100

100

102

102

104

103

Domestic sales (long)

46 461

47 679

47 757

48 935

51 095

index 2013 = 100

100

103

103

105

110

Domestic sales (tubes)

7 920

9 241

8 799

9 377

9 940

index 2013 = 100

100

117

111

118

126

 

 

 

 

 

 

Market share (flat)

86 %

84 %

81 %

79 %

79 %

Market share (long)

91 %

89 %

88 %

88 %

88 %

Market share (tubes)

80 %

79 %

80 %

80 %

75 %

Source: Eurostat and industry data.

(75)

Consumption for flat products peaked in 2016, then marginally decreased in 2017, showing an overall increase by 12 %. Consumption for long products and tubes increased consistently until the end of 2017, resulting respectively in an overall increase by 14 % and 34 %.

(76)

Sales for all steel products increased overall by 7 % in the period 2013-2017. During the same period a similar increase, but less pronounced than the increase in consumption, was observed under the three product families: sales of the Union industry producers of flat products increased by 3 %, sales of long products by 10 % and sales of tubes by 26 %.

(77)

The trend of the Union industry's overall market (minus 5 percentage points) was confirmed when analysing separately flat products (minus 7 percentage points), long products (minus 3 percentage points) and tubes (minus 5 percentage points).

5.2.2.   Production, production capacity, capacity utilisation rate and stocks

(78)

For each of the three product families, production, production capacity and capacity utilisation rate and stocks developed as follows:

Table 9

Production, production capacity, capacity utilisation, stocks per product family

(000 tonnes)

2013

2014

2015

2016

2017

Production (flat)

172 873

177 224

176 567

177 247

180 986

index 2013 = 100

100

103

102

103

105

Production (long)

59 082

59 535

60 079

59 706

60 572

index 2013 = 100

100

101

102

101

103

Production (tubes)

11 991

13 096

12 116

12 251

13 366

index 2013 = 100

100

109

101

102

111

 

 

 

 

 

 

Production capacity (flat)

234 615

233 689

230 216

230 921

232 220

index 2013 = 100

100

100

98

98

99

Production capacity (long)

80 833

78 244

79 455

79 736

81 806

index 2013 = 100

100

97

98

99

101

Production capacity (tubes)

24 053

25 482

27 721

27 255

24 224

index 2013 = 100

100

106

115

113

101

 

 

 

 

 

 

Capacity utilisation (flat)

74 %

76 %

77 %

77 %

78 %

Capacity utilisation (long)

73 %

76 %

76 %

75 %

74 %

Capacity utilisation (tubes)

50 %

51 %

44 %

45 %

55 %

Stocks (flat)

7 573

8 171

8 386

8 098

8 623

index 2013 = 100

100

108

111

107

114

Stocks (long)

3 449

3 430

3 722

3 740

3 877

index 2013 = 100

100

99

108

108

112

Stocks (tubes)

861

1 132

1 050

1 137

1 639

index 2013 = 100

100

132

122

132

190

Source: Industry data and questionnaire replies.

(79)

For the three product families the development of the production diverged. Production increased by 5 % for flat products and by 3 % for long products, and decreased for tubes by 11 % during the whole period considered. In any event, the production variation can be regarded as rather stable.

(80)

Overall production capacity remained stable. This trend was consistently confirmed when analysing each product family: for flat products (decrease by 1 %), long products (increase by 1 %) and tubes (increase by 1 %) in the period considered. Capacity utilisation increased overall by for each product family (flat plus 4 percentage points, long plus 1 percentage points and tubes plus 5 percentage points).

(81)

Stocks for flat and long products increased to a similar level during the period 2013 - 2017, while, for tubes, they nearly doubled. The verified and updated figures therefore confirm the trend established in the provisional Regulation.

5.2.3.   Unit sales prices, profitability and cash flow

(82)

For each of the three product families, unit sales prices, profitability and cash flow developed as follows:

Table 10

Unit sales price, profitability, cash flow per product family

(EUR / tonne)

2013

2014

2015

2016

2017

Unit sales price (EUR/tonne, flat)

711,3

689,3

659,8

612,8

744,3

index 2013 = 100

100

97

93

86

105

Unit sales price (EUR/tonne, long)

607,0

591,3

546,4

509,1

584,4

index 2013 = 100

100

97

90

84

96

Unit sales price (EUR/tonne, tubes)

1 093,9

1 063,5

1 013,9

913,2

949,3

index 2013 = 100

100

97

93

83

87

Profitability (% turnover, flat)

-1,9 %

0,2 %

0,5 %

2,5 %

7,7 %

Profitability (% turnover, long)

0,7 %

2,1 %

1,7 %

2,1 %

3,1 %

Profitability (% turnover, tubes)

1,3 %

0,4 %

– 3,4 %

– 1,2 %

– 1,7 %

Cash flow (million EUR, flat)

2 309

3 997

5 209

4 235

5 177

index 2013 = 100

100

173

226

183

224

Cash flow (million EUR, long)

820

1 156

1 534

1 473

1 159

index 2013 = 100

100

141

187

180

141

Cash flow (million EUR, tubes)

592

– 178

– 283

– 200

– 135

index 2013 = 100

100

– 30

– 48

– 34

– 23

Source: Questionnaire replies.

(83)

Sales prices for flat products decreased by 14 % until 2016 and then recovered in 2017, rising to a level higher than 2013 (+ 5 %). Unit sales price for long products and tubes also decreased significantly until 2016 (respectively by 16 % and 17 %) and then slightly picked up again in 2017. Overall, prices for these products decreased by respectively 4 % and 13 %.

(84)

As concerns profitability, (i) the Union industry managed to achieve a marginal profit level for flat products in 2016 (after losses and break-even situation in the previous years) and increased its profitability to 7,7 % in 2017; (ii) profitability for long products reached 2,1 % in 2014 and remained around the same level until 2017, when it increased up to 3,1 %; (iii) profitability for tubes dropped significantly from 2013 (1,3 %) to – 3,4 % in 2015, and remained negative in 2016 and 2017 (– 1,2 % and – 1,7 % respectively).

(85)

The cash flow position for flat and long products improved (it increased by 124 % for flat and to a much lower extent for long products, i.e. only by 41 %), while for tubes cash flow decreased significantly, by 130 % in 2014, and remained negative until the end of 2017.

5.2.4.   Employment

(86)

As concerns employment, producers of flat products were particularly hit as they lost almost 8 600 jobs during that period. In percentage terms, the most severe situation was for the tube producing industry where job losses amounted to 12 % during the period considered.

Table 11

Employment per product family

(FTE)

2013

2014

2015

2016

2017

Employment (flat)

134 720

129 256

127 743

126 300

126 124

index 2013 = 100

100

96

95

94

94

Employment (long)

49 545

49 662

51 288

53 946

53 943

index 2013 = 100

100

100

104

109

109

Employment (tubes)

41 342

41 511

38 978

37 214

36 333

index 2013 = 100

100

100

94

90

88

Source: Industry data and questionnaire replies.

5.3.   Conclusion on the situation of the Union industry and most recent developments

(87)

The above analysis showed that the Union industry – both globally and for each of the three product families – was in a difficult economic situation until 2016, and only partially recovered in 2017. The industry is thus still in a fragile and vulnerable position.

(88)

In September 2018, the Commission requested the Union industry associations to provide economic data for the first semester of 2018, in order to examine how the situation developed after the period of investigation, which consisted of the years 2013-2017.

(89)

The information obtained by the Commission could not be verified. Moreover, since the Commission did not have data corresponding to the first semester of 2017 (the information was provided on the basis of the full year 2017), the Commission could not draw any reliable conclusion based on the situation of the industry during the first semester 2018. Nevertheless, based on these 2018 data, the trend of 2017, namely a partial recovery of the industry, could be confirmed. It should however be noted that – as indicated in table 12 below – monthly imports into the Union started to increase mostly since June 2018. Moreover, steel prices in the Union started to follow a declining trend since the third quarter of 2018. It is, therefore, not possible to observe the effects of these imports and price development on the situation of the Union industry during the first semester of 2018. Therefore, the recent data confirmed the delicate situation of the Union industry and the threat posed by the most recent increase in imports.

5.4.   Threat of serious injury

(90)

In the provisional Regulation, the Commission concluded that the situation of the Union industry deteriorated significantly in the period 2013-2016 and recovered partially in 2017. However, the Commission considered that the Union industry, despite the temporary improvement, was still in a fragile situation and under the threat of serious injury if the increasing trend in imports continued with the ensuing price depression and profitability drop below sustainable levels.

(91)

This provisional finding can also be confirmed at definitive stage in light of the above-mentioned updated analysis of the development of the injury indicators both globally and at the level of the three product families (flat products, long products and tubes).

(92)

The updated injury indicators include the data of three product categories that had previously been excluded from the scope at provisional stage. Where available, the most recent data have been analysed and this comprehensive analysis has confirmed the key findings made at the provisional stage.

(93)

At the provisional stage, a critical element in the determination of threat of injury was that the significant increase in imports observed since 2013 would not come to a stop but would further rise and reach serious injurious levels in the absence of remedial action. This expected trend is already underway as the most updated set of data show (see section 5.6 below).

5.5.   Comments received after provisional measures

(94)

Several interested parties submitted that the Union industry is not in a vulnerable or fragile position, as most of the indicators improved over the period considered, for example it actually achieved a profitability of 6,2 % in 2017 (as mentioned in the provisional Regulation) and the sales prices increased by almost 20 % between 2016 and 2017. It was also mentioned that Eurofer itself had announced that the outlook for the Union industry is positive. In the same vein, these parties also claimed that the standard for establishing serious injury is very high and much higher than the material injury standard in the Anti-Dumping Agreement and the SCM Agreement, as serious injury must be clearly imminent and on the very verge of occurring.

(95)

In the provisional Regulation, the Commission concluded that the Union industry was in a fragile situation, recovering from a period where its situation had deteriorated significantly. This recovery was attributed, inter alia, to the effectiveness of the different trade defence measures that have been adopted, in particular since 2016. As the Commission could not establish the existence of serious injury, it assessed the threat thereof. In this context, the Commission confirmed that the ongoing provisional recovery could quickly be reversed if a further increase of imports was to take place. As established above, such a further increase in imports was likely to be exacerbated as a result of the US Section 232 measures. The Commission, therefore, concluded that the fact that the situation for the Union industry in 2017 showed an improvement as compared to previous years did not prevent the findings of the existence of a threat of serious injury. These findings were confirmed in the above analysis and the claim is therefore rejected.

(96)

As concerns the profitability level of the Union industry, several interested parties submitted that, in a number of trade defence cases in the steel sector, the Commission has considered that a 3 to 7 % profit could be considered adequate. Therefore, an overall profitability of 6,2 %, as provisionally established, should be sufficient for the Union industry to remain viable and highly competitive.

(97)

As explained in recitals (90) to (93), despite the fact that in 2017 the profitability levels had significantly improved from previous years (where the Union industry was either loss-making or break-even), this situation could rapidly be reversed if imports would continue to increase (or surge, as a result of inter alia, the US Section 232 measures). In fact, in a situation of threat of serious injury, the analysis must necessarily contain forward-looking elements. In this context, the established risk of trade diversion would be a key element that would negatively affect the current economic situation of the Union industry if measures are not adopted. Consequently, the profitability levels achieved by the industry in 2017 cannot be taken in isolation, and do not invalidate the finding of a threat of serious injury. This claim is thus rejected.

5.6.   Post-2017 data analysis

(98)

In the context of threat of serious injury analysis, it is necessary to carry out a forward-looking exercise given that, for the period analysed, the situation has not been deemed to be one of serious injury. In particular, Article 9(2) of Regulation (EU) 2015/478 and Article 6(3) of Regulation (EU) 2015/755, require – in cases of threat of injury – an examination of the rate of increase of the exports to the Union and the likelihood that available capacity is used to export into the Union.

(99)

While the rate of increase of exports was already examined above, the Commission has carried out a more accurate analysis of the likelihood of further increased exports based on an analysis of the most recent data available, namely the period January-September 2018. This updated set of data allowed the Commission to confirm the findings made at provisional stage, in particular with regard to the import trends and the risk of trade diversion.

(100)

As the statistics in the tables below show, the upward trend in imports continued and the first signs of trade diversion have already been observed in the months following the entry into force of the US Section 232 measures, with imports into the USA progressively decreasing and imports into the Union increasing (23). In the Commission's view, for the reasons developed below, this increasing trend will become more pronounced in the future if definitive measures are not adopted.

5.6.1.   Development of imports into the Union

(101)

The period analysed for the development of imports has been extended by adding the first semester of 2018. This updated analysis shows that, overall, imports of the product under assessment have, on an annual basis further increased. The increase in imports in the period July 2017 – June 2018 as compared to January 2017 – December 2017 is explained by the relatively high level of imports in the first semester of 2018, when the total volume of imports of the products under assessment amounted to 17,4 million MT as compared to 15,4 million MT during the first semester of 2017 and 14,5 million MT during the second semester of 2017. Therefore, this more recent data confirms the Commission's assessment at provisional stage that imports were likely to further increase after 2017.

(102)

The US Section 232 measures were imposed on 8 March 2018. It is, therefore, relevant to assess the volume of imports in 2018 on a monthly basis, comparing