# Official Journal L 163/2019

| | ISSN 1977-0677 |
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| Official Journal
  of the European Union | L 163 |
| | |
| English edition | Legislation | Volume 6220 June 2019 |

ISSN 1977-0677

Official Journal

of the European Union

L 163

English edition

Legislation

Volume 6220 June 2019

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | DIRECTIVES |
| | * | Council Directive (EU) 2019/997 of 18 June 2019 establishing an EU Emergency Travel Document and repealing Decision 96/409/CFSP | 1 |

Contents

I   Legislative acts

page

DIRECTIVES

*

Council Directive (EU) 2019/997 of 18 June 2019 establishing an EU Emergency Travel Document and repealing Decision 96/409/CFSP

1

| | | II   Non-legislative acts |
| --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EU) 2019/998 of 13 June 2019 amending Regulation (EU) No 1388/2013 opening and providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products | 13 |
| | * | Council Regulation (EU) 2019/999 of 13 June 2019 amending Regulation (EU) No 1387/2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products | 27 |
| | * | Commission Delegated Regulation (EU) 2019/1000 of 14 March 2019 amending Delegated Regulation (EU) 2017/1799 as regards the exemption of the People's Bank of China from the pre- and post-trade transparency requirements in Regulation (EU) No 600/2014 of the European Parliament and of the Council (
  1
  ) | 56 |
| | | DECISIONS |
| | * | Council Decision (EU) 2019/1001 of 14 June 2019 abrogating Decision 2009/417/EC on the existence of an excessive deficit in Spain | 59 |
| | * | Council Decision (EU) 2019/1002 of 14 June 2019 establishing that no effective action has been taken by Romania in response to the Council Recommendation of 4 December 2018 | 62 |
| | * | Council Decision (EU) 2019/1003 of 14 June 2019 establishing that no effective action has been taken by Hungary in response to the Council Recommendation of 4 December 2018 | 64 |
| | * | Commission Implementing Decision (EU) 2019/1004 of 7 June 2019 laying down rules for the calculation, verification and reporting of data on waste in accordance with Directive 2008/98/EC of the European Parliament and of the Council and repealing Commission Implementing Decision C(2012) 2384
  (notified under document C(2019) 4114)

   (
  1
  ) | 66 |
| | * | Commission Implementing Decision (EU) 2019/1005 of 19 June 2019 determining that a temporary suspension of the preferential customs duty is not appropriate for imports of bananas originating in Nicaragua | 101 |
| | * | Decision (EU) 2019/1006 of the European Central Bank of 7 June 2019 amending Decision ECB/2011/20 establishing detailed rules and procedures for implementing the eligibility criteria for central securities depositories to access TARGET2-Securities services (ECB/2019/15) | 103 |
| | | GUIDELINES |
| | * | Guideline (EU) 2019/1007 of the European Central Bank of 7 June 2019 amending Guideline ECB/2012/13 on TARGET2-Securities (ECB/2019/16) | 108 |

II   Non-legislative acts

REGULATIONS

*

Council Regulation (EU) 2019/998 of 13 June 2019 amending Regulation (EU) No 1388/2013 opening and providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products

13

*

Council Regulation (EU) 2019/999 of 13 June 2019 amending Regulation (EU) No 1387/2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products

27

*

Commission Delegated Regulation (EU) 2019/1000 of 14 March 2019 amending Delegated Regulation (EU) 2017/1799 as regards the exemption of the People's Bank of China from the pre- and post-trade transparency requirements in Regulation (EU) No 600/2014 of the European Parliament and of the Council (
  1
  )

1

56

DECISIONS

*

Council Decision (EU) 2019/1001 of 14 June 2019 abrogating Decision 2009/417/EC on the existence of an excessive deficit in Spain

59

*

Council Decision (EU) 2019/1002 of 14 June 2019 establishing that no effective action has been taken by Romania in response to the Council Recommendation of 4 December 2018

62

*

Council Decision (EU) 2019/1003 of 14 June 2019 establishing that no effective action has been taken by Hungary in response to the Council Recommendation of 4 December 2018

64

*

Commission Implementing Decision (EU) 2019/1004 of 7 June 2019 laying down rules for the calculation, verification and reporting of data on waste in accordance with Directive 2008/98/EC of the European Parliament and of the Council and repealing Commission Implementing Decision C(2012) 2384
  (notified under document C(2019) 4114)

   (
  1
  )

(notified under document C(2019) 4114)

1

66

*

Commission Implementing Decision (EU) 2019/1005 of 19 June 2019 determining that a temporary suspension of the preferential customs duty is not appropriate for imports of bananas originating in Nicaragua

101

*

Decision (EU) 2019/1006 of the European Central Bank of 7 June 2019 amending Decision ECB/2011/20 establishing detailed rules and procedures for implementing the eligibility criteria for central securities depositories to access TARGET2-Securities services (ECB/2019/15)

103

GUIDELINES

*

Guideline (EU) 2019/1007 of the European Central Bank of 7 June 2019 amending Guideline ECB/2012/13 on TARGET2-Securities (ECB/2019/16)

108

| | | III   Other acts |
| --- | --- | --- |
| | | EUROPEAN ECONOMIC AREA |
| | * | EFTA Surveillance Authority Decision No 4/19/COL of 6 February 2019 amending, for the one hundred and fourth time, the procedural and substantive rules in the field of state aid [2019/1008] | 110 |

III   Other acts

EUROPEAN ECONOMIC AREA

*

EFTA Surveillance Authority Decision No 4/19/COL of 6 February 2019 amending, for the one hundred and fourth time, the procedural and substantive rules in the field of state aid [2019/1008]

110

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| 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. |
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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.

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I Legislative acts

DIRECTIVES

| 20.6.2019 | EN | Official Journal of the European Union | L 163/1 |
| --- | --- | --- | --- |

20.6.2019

EN

Official Journal of the European Union

L 163/1

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COUNCIL DIRECTIVE (EU) 2019/997

of 18 June 2019

establishing an EU Emergency Travel Document and repealing Decision 96/409/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the second paragraph of Article 23 thereof,

Having regard to the proposal from the European Commission,

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

Acting in accordance with a special legislative procedure,

Whereas:

| (1) | Citizenship of the Union is the fundamental status of nationals of the Member States. It confers on every citizen of the Union the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of another Member State under the same conditions as the nationals of that Member State. Council Directive (EU) 2015/637 (2) gives effect to that right by laying down the cooperation and coordination measures necessary to facilitate consular protection for unrepresented citizens of the Union. |
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(1)

Citizenship of the Union is the fundamental status of nationals of the Member States. It confers on every citizen of the Union the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of another Member State under the same conditions as the nationals of that Member State. Council Directive (EU) 2015/637 (2) gives effect to that right by laying down the cooperation and coordination measures necessary to facilitate consular protection for unrepresented citizens of the Union.

| (2) | Directive (EU) 2015/637 refers to emergency travel documents as one type of consular assistance to be provided by embassies and consulates of Member States to unrepresented citizens of the Union. An emergency travel document is a single-journey document, allowing the bearer to return home, or, exceptionally, to another destination, in the event that they do not have access to their regular travel documents, for example because they were stolen or lost. Another destination could be, for example, a neighbouring or similarly close country where the unrepresented citizen's Member State of nationality has an embassy or consulate. |
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(2)

Directive (EU) 2015/637 refers to emergency travel documents as one type of consular assistance to be provided by embassies and consulates of Member States to unrepresented citizens of the Union. An emergency travel document is a single-journey document, allowing the bearer to return home, or, exceptionally, to another destination, in the event that they do not have access to their regular travel documents, for example because they were stolen or lost. Another destination could be, for example, a neighbouring or similarly close country where the unrepresented citizen's Member State of nationality has an embassy or consulate.

| (3) | Decision 96/409/CFSP of the Representatives of the Governments of the Member States, meeting within the Council (3) established a common emergency travel document for issuance by Member States to citizens of the Union in places where those citizens' Member State of nationality have no permanent diplomatic or consular representation. It is now necessary to update the rules of that Decision and to establish a modernised and more secure format for the EU Emergency Travel Document (‘EU ETD’). Consistency should be ensured between the specific conditions and procedure for issuing EU ETDs and the general rules on consular protection laid down by Directive (EU) 2015/637, since that Directive, including the financial procedure provided for in Article 14 thereof, applies to the issuance of EU ETDs to unrepresented citizens. This Directive should provide additional rules to be applied alongside those set out in Directive (EU) 2015/637 where necessary. |
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(3)

Decision 96/409/CFSP of the Representatives of the Governments of the Member States, meeting within the Council (3) established a common emergency travel document for issuance by Member States to citizens of the Union in places where those citizens' Member State of nationality have no permanent diplomatic or consular representation. It is now necessary to update the rules of that Decision and to establish a modernised and more secure format for the EU Emergency Travel Document (‘EU ETD’). Consistency should be ensured between the specific conditions and procedure for issuing EU ETDs and the general rules on consular protection laid down by Directive (EU) 2015/637, since that Directive, including the financial procedure provided for in Article 14 thereof, applies to the issuance of EU ETDs to unrepresented citizens. This Directive should provide additional rules to be applied alongside those set out in Directive (EU) 2015/637 where necessary.

| (4) | Upon his or her request, an EU ETD should be issued to any unrepresented citizen in a third country whose passport or travel document has been lost, stolen or destroyed, or can otherwise not be obtained within a reasonable time, for example to newborns born during travel or to persons whose documents have expired and cannot be easily replaced by the Member State of nationality. An EU ETD should be issued once the Member State assisting the unrepresented citizen has received confirmation of the citizen's nationality and identity from the Member State of nationality. |
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(4)

Upon his or her request, an EU ETD should be issued to any unrepresented citizen in a third country whose passport or travel document has been lost, stolen or destroyed, or can otherwise not be obtained within a reasonable time, for example to newborns born during travel or to persons whose documents have expired and cannot be easily replaced by the Member State of nationality. An EU ETD should be issued once the Member State assisting the unrepresented citizen has received confirmation of the citizen's nationality and identity from the Member State of nationality.

| (5) | Since the loss of a passport or travel documents can cause significant distress to unrepresented citizens in third countries, it is necessary to establish a simplified procedure for cooperation and coordination between the assisting Member State and the unrepresented citizen's Member State of nationality. Member States should ensure that consultations are carried out as quickly as possible, typically within a few working days. At the same time, it is necessary to maintain sufficient flexibility in exceptional cases. The assisting Member State should only be allowed to issue EU ETDs without prior consultation of the Member State of nationality in cases of extreme urgency. Before doing so, Member States should normally have exhausted all available means of communication with the Member State of nationality. For example, Member States should first attempt to transmit part of the relevant information, such as the name, nationality and date of birth of the applicant. In these situations, the assisting Member State should notify the Member State of nationality as soon as possible of the assistance granted on its behalf to ensure that the Member State of nationality is adequately informed. |
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(5)

Since the loss of a passport or travel documents can cause significant distress to unrepresented citizens in third countries, it is necessary to establish a simplified procedure for cooperation and coordination between the assisting Member State and the unrepresented citizen's Member State of nationality. Member States should ensure that consultations are carried out as quickly as possible, typically within a few working days. At the same time, it is necessary to maintain sufficient flexibility in exceptional cases. The assisting Member State should only be allowed to issue EU ETDs without prior consultation of the Member State of nationality in cases of extreme urgency. Before doing so, Member States should normally have exhausted all available means of communication with the Member State of nationality. For example, Member States should first attempt to transmit part of the relevant information, such as the name, nationality and date of birth of the applicant. In these situations, the assisting Member State should notify the Member State of nationality as soon as possible of the assistance granted on its behalf to ensure that the Member State of nationality is adequately informed.

| (6) | For security reasons, recipients of EU ETDs should return them once they have returned home safely, for example to border officials or to the authorities responsible for issuing passports. Moreover, a copy or scan of each EU ETD issued should be stored at the issuing authority of the assisting Member State and another copy or scan should be sent to the recipient's Member State of nationality. The returned EU ETDs and stored copies should be destroyed as soon as possible. |
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(6)

For security reasons, recipients of EU ETDs should return them once they have returned home safely, for example to border officials or to the authorities responsible for issuing passports. Moreover, a copy or scan of each EU ETD issued should be stored at the issuing authority of the assisting Member State and another copy or scan should be sent to the recipient's Member State of nationality. The returned EU ETDs and stored copies should be destroyed as soon as possible.

| (7) | Unrepresented citizens should be able to apply for an EU ETD at the embassy or consulate of any Member State. As provided for in Directive (EU) 2015/637, it is possible for Member States to conclude practical arrangements for the purpose of sharing responsibilities for issuing EU ETDs to unrepresented citizens. Member States that receive EU ETD applications should assess, on a case by case basis, whether it is appropriate to issue the EU ETD or if the case should be transferred to the embassy or consulate which is designated as competent under the terms of any arrangement already in place. |
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(7)

Unrepresented citizens should be able to apply for an EU ETD at the embassy or consulate of any Member State. As provided for in Directive (EU) 2015/637, it is possible for Member States to conclude practical arrangements for the purpose of sharing responsibilities for issuing EU ETDs to unrepresented citizens. Member States that receive EU ETD applications should assess, on a case by case basis, whether it is appropriate to issue the EU ETD or if the case should be transferred to the embassy or consulate which is designated as competent under the terms of any arrangement already in place.

| (8) | In line with its purpose as a single-journey document, the EU ETD should be valid for the period required to make that journey. In view of the possibilities and speed of modern-day travel, the validity of an EU ETD should, save in exceptional circumstances, not exceed 15 calendar days. |
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(8)

In line with its purpose as a single-journey document, the EU ETD should be valid for the period required to make that journey. In view of the possibilities and speed of modern-day travel, the validity of an EU ETD should, save in exceptional circumstances, not exceed 15 calendar days.

| (9) | In addition to issuing EU ETDs to unrepresented citizens in third countries, this Directive should not preclude Member States from issuing EU ETDs in other situations, taking into account national law and practice. Member States should also be able to issue EU ETDs to their own nationals, to Union citizens who are not represented within the territory of the Member States, and to citizens of another Member State which is represented in the country where they seek to obtain an EU ETD. When doing so, Member States should take the necessary measures in order to prevent abuse and fraud. However, Member States might also decide not to issue EU ETDs in such situations. |
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(9)

In addition to issuing EU ETDs to unrepresented citizens in third countries, this Directive should not preclude Member States from issuing EU ETDs in other situations, taking into account national law and practice. Member States should also be able to issue EU ETDs to their own nationals, to Union citizens who are not represented within the territory of the Member States, and to citizens of another Member State which is represented in the country where they seek to obtain an EU ETD. When doing so, Member States should take the necessary measures in order to prevent abuse and fraud. However, Member States might also decide not to issue EU ETDs in such situations.

| (10) | In accordance with Article 5 of Directive (EU) 2015/637, and with a view to ensuring the effectiveness of the right enshrined in point (c) of Article 20(2) of the Treaty on the Functioning of the European Union (TFEU) and the right to respect for private and family life as recognised in Article 7 of the Charter of Fundamental Rights of the European Union (the ‘Charter’), and taking into account national law and practice, an assisting Member State should be able to issue EU ETDs to family members, who are not Union citizens, accompanying Union citizens, where those family members are legal residents in a Member State, taking into account the individual circumstances of each case. |
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(10)

In accordance with Article 5 of Directive (EU) 2015/637, and with a view to ensuring the effectiveness of the right enshrined in point (c) of Article 20(2) of the Treaty on the Functioning of the European Union (TFEU) and the right to respect for private and family life as recognised in Article 7 of the Charter of Fundamental Rights of the European Union (the ‘Charter’), and taking into account national law and practice, an assisting Member State should be able to issue EU ETDs to family members, who are not Union citizens, accompanying Union citizens, where those family members are legal residents in a Member State, taking into account the individual circumstances of each case.

| (11) | Certain family members who are not Union citizens might be required to obtain, in addition to the EU ETD, visas to return to the territory of the Union. Pursuant to Article 5(2) of Directive 2004/38/EC of the European Parliament and of the Council (4), family members who are not nationals of a Member State are only required to have an entry visa in accordance with Regulation (EU) 2018/1806 of the European Parliament and of the Council (5) or, where appropriate, with national law. Possession of a valid residence card referred to in Article 10 of Directive 2004/38/EC exempts such family members from the visa requirement. Member States are to grant such persons every facility to obtain the necessary visas. Such visas are to be issued free of charge as soon as possible and on the basis of an accelerated procedure. |
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(11)

Certain family members who are not Union citizens might be required to obtain, in addition to the EU ETD, visas to return to the territory of the Union. Pursuant to Article 5(2) of Directive 2004/38/EC of the European Parliament and of the Council (4), family members who are not nationals of a Member State are only required to have an entry visa in accordance with Regulation (EU) 2018/1806 of the European Parliament and of the Council (5) or, where appropriate, with national law. Possession of a valid residence card referred to in Article 10 of Directive 2004/38/EC exempts such family members from the visa requirement. Member States are to grant such persons every facility to obtain the necessary visas. Such visas are to be issued free of charge as soon as possible and on the basis of an accelerated procedure.

| (12) | The EU ETD should consist of a uniform EU ETD form and a uniform EU ETD sticker. The EU ETD should contain all the necessary information and meet high technical standards, in particular as regards safeguards against counterfeiting and falsification. It should be cost-effective, suitable for use by all Member States and bear universally recognisable security features clearly visible to the naked eye. |
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(12)

The EU ETD should consist of a uniform EU ETD form and a uniform EU ETD sticker. The EU ETD should contain all the necessary information and meet high technical standards, in particular as regards safeguards against counterfeiting and falsification. It should be cost-effective, suitable for use by all Member States and bear universally recognisable security features clearly visible to the naked eye.

| (13) | The uniform EU ETD form should contain blank pages so that visas, if required, can be affixed directly to the form. That form should serve as the carrier for the uniform EU ETD sticker, which contains the relevant information on the recipient. The uniform EU ETD sticker should be modelled upon the uniform format for visas as laid down by Council Regulation (EC) No 1683/95 (6) and should contain similar security features. The uniform EU ETD sticker should be filled in in the assisting Member State's embassy or consulate using the same printers as for visas. In the event of technical force majeure, it should be possible for the uniform EU ETD sticker to be filled in manually. To avoid reduced acceptance and security risks, manual filling-in should be limited as much as possible and should take place only where it is not possible to issue the uniform EU ETD sticker filled in by means of a printer within a reasonable time. |
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(13)

The uniform EU ETD form should contain blank pages so that visas, if required, can be affixed directly to the form. That form should serve as the carrier for the uniform EU ETD sticker, which contains the relevant information on the recipient. The uniform EU ETD sticker should be modelled upon the uniform format for visas as laid down by Council Regulation (EC) No 1683/95 (6) and should contain similar security features. The uniform EU ETD sticker should be filled in in the assisting Member State's embassy or consulate using the same printers as for visas. In the event of technical force majeure, it should be possible for the uniform EU ETD sticker to be filled in manually. To avoid reduced acceptance and security risks, manual filling-in should be limited as much as possible and should take place only where it is not possible to issue the uniform EU ETD sticker filled in by means of a printer within a reasonable time.

| (14) | In order to increase the security and speed of the issuing process, a facial image of the applicant used for the EU ETD should be taken live at the embassy or consulate by digital camera or equivalent means. Only where this is not feasible, a photograph may be used after the embassy or consulate has ensured that it matches the applicant. The same facial image or photograph should then be transferred to the Member State of nationality for confirmation of the identity of the applicant. |
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(14)

In order to increase the security and speed of the issuing process, a facial image of the applicant used for the EU ETD should be taken live at the embassy or consulate by digital camera or equivalent means. Only where this is not feasible, a photograph may be used after the embassy or consulate has ensured that it matches the applicant. The same facial image or photograph should then be transferred to the Member State of nationality for confirmation of the identity of the applicant.

| (15) | This Directive should lay down specifications that should not be kept secret. Where appropriate, those specifications may need to be supplemented by further secret specifications to prevent counterfeiting and falsification. |
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(15)

This Directive should lay down specifications that should not be kept secret. Where appropriate, those specifications may need to be supplemented by further secret specifications to prevent counterfeiting and falsification.

| (16) | In order to ensure that the information on additional technical specifications is not made available to more persons than necessary, each Member State should designate a body having responsibility for producing the uniform EU ETD forms and stickers. For the purpose of efficiency, Member States are encouraged to designate one single body. Member States should be able to change the body designated by them, if necessary. For security reasons, each Member State should communicate the name of that body to the Commission and to the other Member States. |
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(16)

In order to ensure that the information on additional technical specifications is not made available to more persons than necessary, each Member State should designate a body having responsibility for producing the uniform EU ETD forms and stickers. For the purpose of efficiency, Member States are encouraged to designate one single body. Member States should be able to change the body designated by them, if necessary. For security reasons, each Member State should communicate the name of that body to the Commission and to the other Member States.

| (17) | In order to address the need to adapt the specifications of the uniform EU ETD form and sticker in response to technical progress, as well as to change the Member State responsible for providing specimens for the notification of the uniform EU ETD format to third countries, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (7). In particular, to ensure equal participation in the preparation of delegated acts, the Council receives all documents at the same time as Member States' experts, and its experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
| --- | --- |

(17)

In order to address the need to adapt the specifications of the uniform EU ETD form and sticker in response to technical progress, as well as to change the Member State responsible for providing specimens for the notification of the uniform EU ETD format to third countries, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (7). In particular, to ensure equal participation in the preparation of delegated acts, the Council receives all documents at the same time as Member States' experts, and its experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

| (18) | In order to ensure uniform conditions for the implementation of this Directive regarding any additional technical specifications and indicators for the monitoring of the application of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (8). |
| --- | --- |

(18)

In order to ensure uniform conditions for the implementation of this Directive regarding any additional technical specifications and indicators for the monitoring of the application of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (8).

| (19) | In order to increase the acceptance of EU ETDs, Union delegations in third countries should notify the uniform EU ETD format and any subsequent modifications to the relevant authorities of third countries, report on the acceptance of the EU ETD by third countries and promote its use. The specimens used for this purpose should be provided to the European External Action Service (EEAS) by a Member State with the support of the Commission. |
| --- | --- |

(19)

In order to increase the acceptance of EU ETDs, Union delegations in third countries should notify the uniform EU ETD format and any subsequent modifications to the relevant authorities of third countries, report on the acceptance of the EU ETD by third countries and promote its use. The specimens used for this purpose should be provided to the European External Action Service (EEAS) by a Member State with the support of the Commission.

| (20) | This Directive should not affect more favourable national provisions in so far as they are compatible with this Directive. |
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(20)

This Directive should not affect more favourable national provisions in so far as they are compatible with this Directive.

| (21) | Regulation (EU) 2016/679 of the European Parliament and of the Council (9) should apply to the processing of personal data carried out by Member States when implementing this Directive. The EU ETD system requires the processing of the personal data necessary for the purpose of verifying the identity of the applicant, printing the uniform EU ETD sticker and facilitating travel of the data subject concerned. It is necessary to further specify safeguards applicable to the personal data processed, such as the maximum retention period of personal data collected. A maximum retention period of 180 days for the assisting Member State and two years for the Member State of nationality is necessary to ensure the collection of any applicable fees and to prevent possible abuses or other fraudulent activities. The erasure of personal data of applicants should not affect Member States' abilities to monitor the application of this Directive. |
| --- | --- |

(21)

Regulation (EU) 2016/679 of the European Parliament and of the Council (9) should apply to the processing of personal data carried out by Member States when implementing this Directive. The EU ETD system requires the processing of the personal data necessary for the purpose of verifying the identity of the applicant, printing the uniform EU ETD sticker and facilitating travel of the data subject concerned. It is necessary to further specify safeguards applicable to the personal data processed, such as the maximum retention period of personal data collected. A maximum retention period of 180 days for the assisting Member State and two years for the Member State of nationality is necessary to ensure the collection of any applicable fees and to prevent possible abuses or other fraudulent activities. The erasure of personal data of applicants should not affect Member States' abilities to monitor the application of this Directive.

| (22) | In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, the Commission should evaluate this Directive, in particular on the basis of information collected through specific monitoring arrangements, in order to assess the effects of this Directive and the need for any further action. That evaluation could also take into account future technical developments allowing for the introduction of electronic emergency travel documents (eETD). |
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(22)

In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, the Commission should evaluate this Directive, in particular on the basis of information collected through specific monitoring arrangements, in order to assess the effects of this Directive and the need for any further action. That evaluation could also take into account future technical developments allowing for the introduction of electronic emergency travel documents (eETD).

| (23) | Since the objective of this Directive, namely to establish the measures necessary to facilitate consular protection of unrepresented citizens by means of the issuance of safe and widely accepted emergency travel documents, cannot be sufficiently achieved by the Member States but can rather, by reason of the need to avoid fragmentation and resulting decreased acceptance of emergency travel documents issued by Member States to unrepresented citizens, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(23)

Since the objective of this Directive, namely to establish the measures necessary to facilitate consular protection of unrepresented citizens by means of the issuance of safe and widely accepted emergency travel documents, cannot be sufficiently achieved by the Member States but can rather, by reason of the need to avoid fragmentation and resulting decreased acceptance of emergency travel documents issued by Member States to unrepresented citizens, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

| (24) | This Directive aims to promote consular protection as guaranteed by Article 46 of the Charter. It respects the fundamental rights and observes the principles recognised in particular by the Charter, including the right to respect for private and family life and the right to the protection of personal data. This Directive should be interpreted and applied in accordance with those rights and principles. |
| --- | --- |

(24)

This Directive aims to promote consular protection as guaranteed by Article 46 of the Charter. It respects the fundamental rights and observes the principles recognised in particular by the Charter, including the right to respect for private and family life and the right to the protection of personal data. This Directive should be interpreted and applied in accordance with those rights and principles.

| (25) | Decision 96/409/CFSP should be repealed, |
| --- | --- |

(25)

Decision 96/409/CFSP should be repealed,

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I

SUBJECT MATTER AND DEFINITIONS

Article 1

Subject matter

This Directive lays down rules on the conditions and procedure for unrepresented citizens in third countries to obtain an EU Emergency Travel Document (‘EU ETD’) and establishes a uniform format for such document.

Article 2

Definitions

For the purposes of this Directive, the following definitions apply:

| (1) | ‘unrepresented citizen’ means any citizen holding the nationality of a Member State which is not represented in a third country as set out in Article 6 of Directive (EU) 2015/637; |
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(1)

‘unrepresented citizen’ means any citizen holding the nationality of a Member State which is not represented in a third country as set out in Article 6 of Directive (EU) 2015/637;

| (2) | ‘applicant’ means the person applying for an EU ETD; |
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(2)

‘applicant’ means the person applying for an EU ETD;

| (3) | ‘recipient’ means the person being issued an EU ETD; |
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(3)

‘recipient’ means the person being issued an EU ETD;

| (4) | ‘assisting Member State’ means the Member State receiving an application for an EU ETD; |
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(4)

‘assisting Member State’ means the Member State receiving an application for an EU ETD;

| (5) | ‘Member State of nationality’ means the Member State of which the applicant claims to be a national; |
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(5)

‘Member State of nationality’ means the Member State of which the applicant claims to be a national;

| (6) | ‘working days’ means all days other than public holidays or weekends observed by the authority required to act. |
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(6)

‘working days’ means all days other than public holidays or weekends observed by the authority required to act.

CHAPTER II

THE EU EMERGENCY TRAVEL DOCUMENT

Article 3

The EU Emergency Travel Document

1.   The EU Emergency Travel Document (‘EU ETD’) is a travel document that shall be issued by a Member State to an unrepresented citizen in a third country for a single journey to the citizen's Member State of nationality or residence, as requested by the citizen, or exceptionally, to another destination. Member States may also decide to issue EU ETDs to other recipients in accordance with Article 7.

2.   Member States shall issue EU ETDs to unrepresented citizens in third countries whose passports or travel documents have been lost, stolen or destroyed, or can otherwise not be obtained within a reasonable time, in accordance with the procedure set out in Article 4.

Article 4

Procedure

1.   Where a Member State receives an application for an EU ETD, it shall, as soon as possible, and no later than two working days after receipt of the application, consult the Member State of nationality in accordance with Article 10(2) of Directive (EU) 2015/637 for the purpose of verifying the nationality and identity of the applicant.

2.   The assisting Member State shall provide the Member State of nationality with all relevant information, including:

| (a) | the applicant's surname and given name(s), nationality, date of birth and sex; |
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(a)

the applicant's surname and given name(s), nationality, date of birth and sex;

| (b) | a facial image of the applicant taken by the authorities of the assisting Member State at the time of application or, only where this is not feasible, a scanned or digital photograph of the applicant, based on the standards established by part 3 of International Civil Aviation Organization (ICAO) Document 9303 on Machine Readable Travel Documents (Seventh Edition, 2015) (‘ICAO Document 9303’); |
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(b)

a facial image of the applicant taken by the authorities of the assisting Member State at the time of application or, only where this is not feasible, a scanned or digital photograph of the applicant, based on the standards established by part 3 of International Civil Aviation Organization (ICAO) Document 9303 on Machine Readable Travel Documents (Seventh Edition, 2015) (‘ICAO Document 9303’);

| (c) | a copy or scan of any available means of identification, such as an identity card or driving license, and, where available, the type and number of the document replaced and the national registration or social security number. |
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(c)

a copy or scan of any available means of identification, such as an identity card or driving license, and, where available, the type and number of the document replaced and the national registration or social security number.

3.   As soon as possible, and no later than three working days after receipt of the information referred to in paragraph 2, the Member State of nationality shall respond to the consultation in accordance with Article 10(3) of Directive (EU) 2015/637 and shall confirm whether the applicant is its national. If the Member State of nationality is unable to respond within three working days, it shall, within that period, inform the assisting Member State and shall provide an estimate of when the response is to be expected. The assisting Member State shall inform the applicant accordingly. Upon confirmation of the applicant's nationality, the assisting Member State shall provide the applicant with the EU ETD as soon as possible and no later than two working days after receipt of the confirmation.

4.   If the Member State of nationality objects to an EU ETD being issued to one of its nationals, it shall inform the assisting Member State. In that case, the EU ETD shall not be issued and the Member State of nationality shall assume responsibility for providing consular protection to its citizen in accordance with its legal obligations and practice. The assisting Member State, in close consultation with the Member State of nationality, shall inform the applicant accordingly.

5.   In justified cases, the Member States may take longer than the time limits laid down in paragraphs 1 and 3.

6.   In cases of extreme urgency, the assisting Member State may issue an EU ETD without prior consultation of the Member State of nationality. Before doing so, the assisting Member State shall have exhausted the available means of communication with the Member State of nationality. The assisting Member State shall notify the Member State of nationality, as soon as possible, of the fact that an EU ETD has been issued and of the identity of the person to whom the EU ETD was issued. That notification shall include all data which were included on the EU ETD.

7.   The authority of the Member State issuing the EU ETD shall store a copy or scan of each EU ETD issued and shall send another copy or scan to the applicant's Member State of nationality.

8.   The recipient of an EU ETD shall be asked to return the EU ETD, regardless of whether it has expired, upon arrival at the final destination.

9.   The Commission may adopt implementing acts establishing a standard EU ETD application form which shall contain information on the obligation to return the EU ETD upon arrival. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).

Article 5

Financial provisions

1.   The assisting Member State shall charge the applicant such fees as it charges its own nationals for the issuance of national emergency documents.

2.   The assisting Member State may waive the charging of fees generally or in specific situations determined by it.

3.   Where applicants are unable to pay any applicable fees to the assisting Member State when submitting their application, they shall undertake to repay their Member State of nationality such fees using the standard form set out in Annex I of Directive (EU) 2015/637. In such cases, Article 14(2) and Article 15 of Directive (EU) 2015/637 shall apply.

Article 6

Validity

An EU ETD shall be valid for the period required for completion of the journey for which it is issued. In calculating that period, allowance shall be made for necessary overnight stops and for making travel connections. The period of validity shall include an additional ‘period of grace’ of two days. Save in exceptional circumstances, the validity of an EU ETD shall not exceed 15 calendar days.

Article 7

Optional issuance of EU ETDs

1.   Where the applicant's passport or travel document has been lost, stolen or destroyed or can otherwise not be obtained within a reasonable time, a Member State may issue EU ETDs:

| (a) | to its own nationals; |
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(a)

to its own nationals;

| (b) | to Union citizens who are not represented within the territory of the Member States, including the overseas countries and territories referred to in the first subparagraph of Article 355(2) TFEU; |
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(b)

to Union citizens who are not represented within the territory of the Member States, including the overseas countries and territories referred to in the first subparagraph of Article 355(2) TFEU;

| (c) | to citizens of another Member State which is represented in the country where they seek to obtain the EU ETD and where arrangements between the relevant Member States exist to that effect; |
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(c)

to citizens of another Member State which is represented in the country where they seek to obtain the EU ETD and where arrangements between the relevant Member States exist to that effect;

| (d) | to family members, who are not Union citizens, accompanying Union citizens who are not represented in a third country or Union citizens referred to in points (a), (b) or (c), where those family members are legal residents in a Member State, without prejudice to any applicable visa requirements; |
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(d)

to family members, who are not Union citizens, accompanying Union citizens who are not represented in a third country or Union citizens referred to in points (a), (b) or (c), where those family members are legal residents in a Member State, without prejudice to any applicable visa requirements;

| (e) | to other persons to whom that Member State or another Member State is obliged under international or national law to provide protection and who are legal residents in a Member State. |
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(e)

to other persons to whom that Member State or another Member State is obliged under international or national law to provide protection and who are legal residents in a Member State.

2.   Where a Member State issues EU ETDs in accordance with:

| (a) | point (b) or (c) of paragraph 1 of this Article, the consultation set out in Article 4 shall involve the Member State of nationality of Union citizens; |
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(a)

point (b) or (c) of paragraph 1 of this Article, the consultation set out in Article 4 shall involve the Member State of nationality of Union citizens;

| (b) | point (d) of paragraph 1 of this Article, the consultation set out in Article 4 shall involve the Member State of nationality of the accompanied Union citizen and, where necessary, the Member State of residence of the family member. By derogation from Article 4(6), no EU ETD shall be issued without prior consultation of the Member State of nationality of the accompanied Union citizen and, where necessary, the Member State of residence of the family member; |
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(b)

point (d) of paragraph 1 of this Article, the consultation set out in Article 4 shall involve the Member State of nationality of the accompanied Union citizen and, where necessary, the Member State of residence of the family member. By derogation from Article 4(6), no EU ETD shall be issued without prior consultation of the Member State of nationality of the accompanied Union citizen and, where necessary, the Member State of residence of the family member;

| (c) | point (e) of paragraph 1 of this Article, the consultation set out in Article 4 shall involve the Member State obliged under international or national law to provide protection to the applicant, which shall be the destination country indicated on the EU ETD. |
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(c)

point (e) of paragraph 1 of this Article, the consultation set out in Article 4 shall involve the Member State obliged under international or national law to provide protection to the applicant, which shall be the destination country indicated on the EU ETD.

CHAPTER III

UNIFORM FORMAT FOR EU ETDs

Article 8

Uniform format for EU ETDs

1.   EU ETDs shall consist of a uniform EU ETD form and a uniform EU ETD sticker. That form and that sticker shall conform to the specifications set out in Annexes I and II and the additional technical specifications established in accordance with Article 9.

2.   When the uniform EU ETD sticker is filled in, the sections set out in Annex II shall be completed and the machine-readable zone filled in, in line with ICAO Document 9303.

3.   In order to achieve the objectives of this Directive, in particular to ensure the exercise of the right to consular protection on the basis of a modern and secure EU ETD format, the Commission is empowered to adopt delegated acts in accordance with Article 11 to amend Annexes I and II as well as references to the standards established by ICAO as referred to in paragraph 2 of this Article and Article 4(2)(b), in response to technical progress.

4.   Member States may add any necessary national entries in the ‘remarks’ section of the uniform EU ETD sticker as referred to in point 9 of Annex II. Those national entries shall not duplicate the sections set out in Annex II.

5.   All entries on the uniform EU ETD sticker, including the facial image, shall be printed. No manual changes shall be made to a printed uniform EU ETD sticker.

Exceptionally, in the event of technical force majeure, uniform EU ETD stickers may be filled in manually and a photograph affixed. In such cases, the photograph shall have additional protection against photo substitution. No changes shall be made to the uniform EU ETD sticker which has been filled in manually.

6.   If an error is detected on the uniform EU ETD sticker which has not yet been affixed to the uniform EU ETD form, the uniform EU ETD sticker shall be invalidated and destroyed. If an error is detected after the uniform EU ETD sticker has been affixed to the uniform EU ETD form, both shall be invalidated and destroyed and a new uniform EU ETD sticker shall be produced.

7.   The printed uniform EU ETD sticker containing the completed sections shall be affixed to the uniform EU ETD form in accordance with Annex I.

8.   Member States shall ensure theft-proof storage of blank uniform EU ETD forms and stickers.

Article 9

Additional technical specifications

1.   The Commission shall adopt implementing acts containing additional technical specifications for EU ETDs relating to the following:

| (a) | design, format and colours of the uniform EU ETD form and sticker; |
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(a)

design, format and colours of the uniform EU ETD form and sticker;

| (b) | requirements for the material and printing techniques of the uniform EU ETD form; |
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(b)

requirements for the material and printing techniques of the uniform EU ETD form;

| (c) | security features and requirements including enhanced anti-forgery, counterfeiting and falsification standards; |
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(c)

security features and requirements including enhanced anti-forgery, counterfeiting and falsification standards;

| (d) | other rules to be observed for the filling in and issuing of the EU ETD. |
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(d)

other rules to be observed for the filling in and issuing of the EU ETD.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).

2.   It may be decided that the additional technical specifications referred to in paragraph 1 shall be secret and not be published. In that case, they shall be made available only to the bodies designated by the Member States as responsible for the production of EU ETDs and to persons duly authorised by a Member State or the Commission.

Article 10

Production of EU ETDs

1.   Each Member State shall designate a body having responsibility for producing uniform EU ETD forms and stickers. The same body may be designated by several or all Member States.

2.   Each Member State shall communicate the name of the body producing its uniform EU ETD forms and stickers to the Commission and to the other Member States. Where a Member State changes its designated body, it shall inform the Commission and the other Member States accordingly.

Article 11

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Articles 8(3) and 13(1) shall be conferred on the Commission for an indeterminate period of time from 10 July 2019.

3.   The delegation of power referred to in Articles 8(3) and 13(1) may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated act already in force.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.   As soon as it adopts a delegated act, the Commission shall notify it to the Council.

6.   A delegated act adopted pursuant to Articles 8(3) and 13(1) shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council.

7.   The European Parliament shall be informed of the adoption of delegated acts by the Commission, of any objection formulated to them, or of the revocation of the delegation of powers by the Council.

Article 12

Committee procedure

1.   The Commission shall be assisted by the Committee established by Article 6 of Regulation (EC) No 1683/95. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 13

Notification to third countries

1.   Within 21 months of the adoption of the additional technical specifications referred to in Article 9, the Member State holding the Presidency of the Council in accordance with Article 16(9) TEU shall provide specimens of the uniform EU ETD form and sticker to the Commission and the EEAS.

The Commission is empowered to adopt delegated acts in accordance with Article 11 to amend the first subparagraph of this paragraph by designating another Member State as the state responsible for providing the specimens referred to in that subparagraph, on the basis of objective criteria, such as the presence on its territory of the body designated for the production of EU ETDs by several or all Member States.

2.   The EEAS shall transmit the specimens of the uniform EU ETD form and sticker to Union delegations in third countries.

3.   Union delegations in third countries shall notify the relevant authorities in the respective third countries of the usage of the EU ETD as well as its uniform format and main security features, including by providing specimens of the uniform EU ETD form and sticker for reference purposes. The notification of an individual third country shall be repeated upon request of that third country. The notification shall not include specifications which are to be kept secret in accordance with Article 9(2).

4.   Each time the uniform EU ETD form or sticker is modified, the procedure set out in paragraphs 1 to 3 shall be repeated. The deadline referred to in paragraph 1 shall be 21 months after the adoption of the modified format of the uniform EU ETD form or sticker.

5.   Where no Union delegation is present in a third country, represented Member States shall decide through local consular cooperation which Member State shall notify the relevant authorities of that third country of the uniform EU ETD format as well as its main security features. The EEAS shall coordinate with the Member State concerned the transmission of specimens of the uniform EU ETD form and sticker for that purpose.

CHAPTER IV

FINAL PROVISIONS

Article 14

More favourable treatment

Member States may introduce or retain provisions more favourable than those of this Directive in so far as they are compatible with this Directive.

Article 15

Protection of personal data

1.   Personal data processed for the purposes of this Directive, including the facial image or photograph of the applicant referred to in Article 4(2), shall only be used to verify the identity of the applicant in accordance with the procedure set out in Article 4, to print the uniform EU ETD sticker, and to facilitate travel of that applicant. The assisting Member State and the Member State of nationality shall ensure appropriate security of personal data.

2.   Without prejudice to Regulation (EU) 2016/679, an applicant to whom an EU ETD is issued shall have the right to verify the personal data contained in the EU ETD and, where appropriate, to ask for corrections to be made by issuing a new document.

3.   No information in machine-readable form shall be included in an EU ETD unless it also appears in the sections referred to in point 6 of Annex II.

4.   The assisting Member State and the Member State of nationality shall retain the personal data of an applicant only for as long as necessary, including for the collection of the fees referred to in Article 5. In no case shall that personal data be retained longer than 180 days by the assisting Member State or longer than two years by the Member State of nationality. Upon expiry of the retention period, the personal data of an applicant shall be erased.

5.   By derogation from paragraph 4, Member States shall ensure the safe destruction of any returned EU ETD and of all related copies as soon as possible.

Article 16

Monitoring

1.   Member States shall regularly monitor the application of this Directive based on the following indicators:

| (a) | number of EU ETDs issued in accordance with Article 3 and the nationality of the recipient; |
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(a)

number of EU ETDs issued in accordance with Article 3 and the nationality of the recipient;

| (b) | number of EU ETDs issued in accordance with Article 7 and the nationality of the recipient; and |
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(b)

number of EU ETDs issued in accordance with Article 7 and the nationality of the recipient; and

| (c) | number of cases of EU ETD fraud and counterfeits. |
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(c)

number of cases of EU ETD fraud and counterfeits.

2.   Member States shall organise the production and gathering of the data necessary to measure the change in the indicators set out in paragraph 1, and shall supply that information to the Commission on a yearly basis.

3.   The Commission may adopt implementing acts establishing additional indicators to those referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).

Article 17

Evaluation

1.   No sooner than five years after the date of transposition of this Directive, the Commission shall carry out an evaluation of this Directive and present a report on the main findings to the European Parliament and to the Council. The report shall include an evaluation of the appropriateness of the level of security of personal data, the impact on fundamental rights and the possible introduction of a uniform fee for EU ETDs.

2.   Member States shall provide the Commission with the information necessary for the preparation of the report referred to in paragraph 1.

Article 18

Repeal

1.   Decision 96/409/CFSP is repealed with effect from 36 months after the adoption of the additional technical specifications referred to in Article 9.

2.   References to the repealed Decision shall be construed as references to this Directive.

3.   Member States shall ensure the invalidation and destruction of ETD forms produced according to Decision 96/409/CFSP within the time limit referred to in paragraph 1.

Article 19

Transposition

1.   Member States shall adopt and publish, by 24 months of the adoption of the additional technical specifications referred to in Article 9, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately communicate the text of those provisions to the Commission.

They shall apply those measures from 36 months after the adoption of the additional technical specifications referred to in Article 9.

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 20

Entry into force

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

Official Journal of the European Union

Article 21

Addressees

This Directive is addressed to the Member States.

Done at Luxembourg, 18 June 2019.

For the Council

The President

G. CIAMBA

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(1)  Opinion of 16 January 2019 (not yet published in the Official Journal).

1

(2)  Council Directive (EU) 2015/637 of 20 April 2015 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries and repealing Decision 95/553/EC (OJ L 106, 24.4.2015, p. 1).

2

(3)  Decision 96/409/CFSP of the Representatives of the Governments of the Member States, meeting within the Council of 25 June 1996 on the establishment of an emergency travel document (OJ L 168, 6.7.1996, p. 4).

3

(4)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).

4

(5)  Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 303, 28.11.2018, p. 39).

5

(6)  Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995, p. 1).

6

(7)  
  OJ L 123, 12.5.2016, p. 1.

7

(8)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

8

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

9

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ANNEX I

UNIFORM EU ETD FORM

The uniform EU ETD form shall comply with the following specifications:

1.   Format and size

The uniform EU ETD form shall be in a trifold design (a single sheet printed on both sides and folded into thirds). When folded, the size of the form shall comply with the ISO/IEC 7810 ID-3 standard.

2.   Page one: Cover page

The cover page of the uniform EU ETD form shall contain, in this order, the words ‘EUROPEAN UNION’ in all official languages of the Union and the words ‘EMERGENCY TRAVEL DOCUMENT’ and ‘TITRE DE VOYAGE PROVISOIRE’. It shall also feature twelve golden stars forming a circle.

3.   Page two: Affixing the uniform EU ETD sticker

The uniform EU ETD sticker shall be securely affixed to the second page of the uniform EU ETD form in such a way as to prevent easy removal. The uniform EU ETD sticker shall be aligned with and affixed to the edge of the page. The machine-readable zone of the uniform EU ETD sticker shall be aligned with the outer edge of the page. The stamp of the issuing authorities shall be placed on the uniform EU ETD sticker in such a manner that it extends onto the page.

4.   Pages three and four: Information

The third and fourth page shall contain translations of ‘Emergency Travel Document’ as well as of the captions of the uniform EU ETD sticker in all official languages of the Union except for English and French. The following text shall also appear:

‘This EU Emergency Travel Document is a travel document issued by a Member State of the European Union for a single journey to the holder's Member State of nationality or residence or, exceptionally, to another destination. Authorities of non-EU countries are hereby requested to allow the holder to pass freely without hindrance.

Le présent titre de voyage provisoire de l'UE est un titre de voyage délivré par un État membre de l'Union européenne aux fins d'un trajet unique vers l'État membre de nationalité ou de résidence du détenteur, ou, à titre exceptionnel, vers une autre destination. Les autorités des pays tiers sont priées d'autoriser le détenteur du titre de voyage provisoire à circuler sans entraves.’

5.   Pages five and six: Visas and entry/exit stamps

The fifth and sixth pages shall bear the heading ‘VISA/VISA’ and shall otherwise be left blank.

These pages shall be reserved for visas and entry/exit stamps.

6.   Number of the uniform EU ETD form

A seven-digit number shall be pre-printed on the uniform EU ETD form.

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ANNEX II

UNIFORM EU ETD STICKER

The uniform EU ETD sticker shall comply with the following specifications:

Features of the uniform EU ETD sticker

| 1. | The uniform EU ETD sticker shall contain a facial image of the holder, printed to high security standards, except where a photograph is used in accordance with Article 8(5). The facial image or photograph shall be that used for the purposes of Article 4(2). |
| --- | --- |

1.

| 2. | The uniform EU ETD sticker shall contain security features ensuring sufficient protection against falsification taking into account, in particular, the security features used for the uniform format for visas. |
| --- | --- |

2.

| 3. | The same security features shall be used for all Member States. |
| --- | --- |

3.

| 4. | The following shall appear on the uniform EU ETD sticker:






  (a) | the abbreviation ‘EU ETD/TVP UE’; |
| --- | --- | --- |

4.

(a)

the abbreviation ‘EU ETD/TVP UE’;

| (b) | the words ‘European Union/Union européenne’; |
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(b)

the words ‘European Union/Union européenne’;

| (c) | the three-letter code ‘EUE’ as set out in ICAO Document 9303. |
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(c)

the three-letter code ‘EUE’ as set out in ICAO Document 9303.

| 5. | The uniform EU ETD sticker shall contain the seven-digit number of the uniform EU ETD sticker in horizontal orientation, pre-printed in black. A special font type shall be used. This number shall be preceded by the two-letter country code of the issuing Member State as set out in ICAO Document 9303, which can be either pre-printed or added when the uniform EU ETD sticker is filled in. For security purposes, the same seven-digit number may be pre-printed several times on the uniform EU ETD sticker. |
| --- | --- |

5.

Sections to be completed

| 6. | The uniform EU ETD sticker shall contain sections for the following information:






  (a) | the destination country and any transit country for which the EU ETD is issued; |
| --- | --- | --- |

6.

(a)

the destination country and any transit country for which the EU ETD is issued;

| (b) | issuing Member State and the location of the issuing authority; |
| --- | --- |

(b)

issuing Member State and the location of the issuing authority;

| (c) | the date of issuance and the date of expiry; |
| --- | --- |

(c)

the date of issuance and the date of expiry;

| (d) | the EU ETD recipient's surname and given name(s), nationality, date of birth and sex; |
| --- | --- |

(d)

the EU ETD recipient's surname and given name(s), nationality, date of birth and sex;

| (e) | the number of the uniform EU ETD form to which the uniform EU ETD sticker will be affixed as referred to in point 6 of Annex I. |
| --- | --- |

(e)

the number of the uniform EU ETD form to which the uniform EU ETD sticker will be affixed as referred to in point 6 of Annex I.

| 7. | The captions of the sections to be completed shall appear in English and French and shall be numbered. |
| --- | --- |

7.

| 8. | Dates shall be written as follows: the day using two digits, the first of which is a zero if the day in question is a single digit; the month using two digits, the first of which is a zero if the month in question is a single digit; the year using four digits. Day and month shall be followed by a blank space. For example: 20 01 2018 = 20 January 2018. |
| --- | --- |

8.

| 9. | The uniform EU ETD sticker shall contain a ‘remarks’ section, which shall be used by the issuing authority to indicate any further necessary information, for example the type and number of the document replaced. |
| --- | --- |

9.

Machine-readable information

| 10. | The uniform EU ETD sticker shall contain the relevant machine-readable information in line with ICAO Document 9303 to facilitate external border controls. The capital letters ‘AE’ shall be used as the first two characters of the machine-readable zone to designate the document as an EU Emergency Travel Document. The machine-readable zone shall contain a printed text in the visible background printing with the words ‘European Union’ in all the official languages of the Union. That text shall not affect the technical features of the machine-readable zone or its ability to be read. |
| --- | --- |

10.

| 11. | Space shall be reserved for the possible addition of a common 2D barcode. |
| --- | --- |

11.

---

II Non-legislative acts

REGULATIONS

| 20.6.2019 | EN | Official Journal of the European Union | L 163/13 |
| --- | --- | --- | --- |

20.6.2019

EN

Official Journal of the European Union

L 163/13

---

COUNCIL REGULATION (EU) 2019/998

of 13 June 2019

amending Regulation (EU) No 1388/2013 opening and providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | In order to ensure the sufficient and uninterrupted supply of certain agricultural and industrial products which are produced in insufficient quantities in the Union and thereby avoid any disturbances on the market for those products, autonomous tariff quotas were opened by Council Regulation (EU) No 1388/2013 (1). Within those tariff quotas, products can be imported into the Union at reduced or zero duty rates. |
| --- | --- |

(1)

In order to ensure the sufficient and uninterrupted supply of certain agricultural and industrial products which are produced in insufficient quantities in the Union and thereby avoid any disturbances on the market for those products, autonomous tariff quotas were opened by Council Regulation (EU) No 1388/2013 (1). Within those tariff quotas, products can be imported into the Union at reduced or zero duty rates.

| (2) | As it is in the Union's interest to ensure an adequate supply of certain industrial products and having regard to the fact that identical, equivalent or substitute products are not produced in sufficient quantities within the Union, it is necessary to open new tariff quotas with order numbers 09.2594, 09.2595, 09.2596, 09.2597, 09.2598 and 09.2599 at zero duty rates for appropriate quantities of those products. |
| --- | --- |

(2)

As it is in the Union's interest to ensure an adequate supply of certain industrial products and having regard to the fact that identical, equivalent or substitute products are not produced in sufficient quantities within the Union, it is necessary to open new tariff quotas with order numbers 09.2594, 09.2595, 09.2596, 09.2597, 09.2598 and 09.2599 at zero duty rates for appropriate quantities of those products.

| (3) | In the case of the tariff quotas with order numbers 09.2679, 09.2683 and 09.2888, the quota volumes should be increased, as an increase is in the interest of the Union. In the case of the tariff quota bearing order number 09.2723, the quota volume should be increased retroactively for the period from 1 January to 31 December 2018. |
| --- | --- |

(3)

In the case of the tariff quotas with order numbers 09.2679, 09.2683 and 09.2888, the quota volumes should be increased, as an increase is in the interest of the Union. In the case of the tariff quota bearing order number 09.2723, the quota volume should be increased retroactively for the period from 1 January to 31 December 2018.

| (4) | For the tariff quota with order number 09.2740, the products covered by that tariff quota are covered not only by CN code 2309 90 96 but also by CN code 2309 90 31. The indication of the CN code for that tariff quota should therefore be adapted. |
| --- | --- |

(4)

For the tariff quota with order number 09.2740, the products covered by that tariff quota are covered not only by CN code 2309 90 96 but also by CN code 2309 90 31. The indication of the CN code for that tariff quota should therefore be adapted.

| (5) | As it is no longer in the Union's interest to maintain the tariff quota with order number 09.2870, it should be closed with effect from 1 July 2019. |
| --- | --- |

(5)

As it is no longer in the Union's interest to maintain the tariff quota with order number 09.2870, it should be closed with effect from 1 July 2019.

| (6) | The tariff quotas with order numbers 09.2633, 09.2643, 09.2620 and 09.2932 should be closed as a result of the implementation of the agreement in the form of the Declaration on the Expansion of Trade in Information Technology Products (2), which reduced the duty rate for the products concerned to zero. |
| --- | --- |

(6)

The tariff quotas with order numbers 09.2633, 09.2643, 09.2620 and 09.2932 should be closed as a result of the implementation of the agreement in the form of the Declaration on the Expansion of Trade in Information Technology Products (2), which reduced the duty rate for the products concerned to zero.

| (7) | Taking into account the amendments to be made and for the sake of clarity, the Annex to Regulation (EU) No 1388/2013 should be replaced. |
| --- | --- |

(7)

Taking into account the amendments to be made and for the sake of clarity, the Annex to Regulation (EU) No 1388/2013 should be replaced.

| (8) | In order to avoid any interruption of the application of the tariff quota scheme and to comply with the guidelines set out in the communication from the Commission concerning autonomous tariff suspensions and quotas (3), the changes provided for in this Regulation regarding the tariff quotas for the products concerned should apply from 1 July 2019 and, for the tariff quota with order number 09.2723, from 1 January 2018. This Regulation should therefore enter into force as a matter of urgency, |
| --- | --- |

(8)

In order to avoid any interruption of the application of the tariff quota scheme and to comply with the guidelines set out in the communication from the Commission concerning autonomous tariff suspensions and quotas (3), the changes provided for in this Regulation regarding the tariff quotas for the products concerned should apply from 1 July 2019 and, for the tariff quota with order number 09.2723, from 1 January 2018. This Regulation should therefore enter into force as a matter of urgency,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EU) No 1388/2013 is amended as follows:

| (1) | the row for tariff quota with order number 09.2723 is replaced by the following:











  ‘09.2723 | ex 3911 90 19 | 10 | Poly(oxy-1,4-phenylenesulphonyl-1,4-phenyleneoxy-4,4′-biphenylene) | 1.1.-31.12. | 5 000 tonnes | 0 %’ |
| --- | --- | --- | --- | --- | --- | --- | --- |

(1)

the row for tariff quota with order number 09.2723 is replaced by the following:

‘09.2723

ex 3911 90 19

10

Poly(oxy-1,4-phenylenesulphonyl-1,4-phenyleneoxy-4,4′-biphenylene)

1.1.-31.12.

5 000 tonnes

0 %’

| (2) | it is replaced by the text set out in the Annex to this Regulation. |
| --- | --- |

(2)

it is replaced by the text set out in the Annex to this Regulation.

Article 2

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

It shall apply from 1 July 2019. However, point (1) of Article 1 shall apply from 1 January 2018.

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

Done at Luxembourg, 13 June 2019.

For the Council

The President

M.C. BUDĂI

---

(1)  Council Regulation (EU) No 1388/2013 of 17 December 2013 opening and providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products, and repealing Regulation (EU) No 7/2010 (OJ L 354, 28.12.2013, p. 319).

1

(2)  
  OJ L 161, 18.6.2016, p. 4.

2

(3)  
  OJ C 363, 13.12.2011, p. 6.

3

---

ANNEX

| Order number | CN code | TARIC | Description | Quota period | Quota volume | Quota duty |
| --- | --- | --- | --- | --- | --- | --- |
| 09.2637 | ex 0710 40 00
  ex 2005 80 00 | 20
  30 | Corn cobs (Zea mays var. saccharata) whether or not cut, with a diameter of 10 mm or more, but not more than 20 mm, for use in the manufacture of products of the food industry for treatment other than simple repacking (1)
   (2)
   (3) | 1.1.-31.12. | 550 tonnes | 0 % (3) |
| 09.2849 | ex 0710 80 69 | 10 | Mushrooms of the species Auricularia polytricha (uncooked or cooked by steaming or boiling), frozen, for the manufacture of prepared meals (1)
   (2) | 1.1.-31.12. | 700 tonnes | 0 % |
| 09.2664 | ex 2008 60 39 | 30 | Sweet cherries containing added spirit, with a sugar content of not more than 9 % by weight, of a diameter of not more than 19,9 mm, with stones, for use in chocolate products (2) | 1.1.-31.12. | 1 000 tonnes | 10 % |
| 09.2740 | ex 2309 90 31
  ex 2309 90 96 | 87
  97 | Soya bean protein concentrate containing by weight:






  — | 60 % (± 10 %) of crude protein, |

Order number

CN code

TARIC

Description

Quota period

Quota volume

Quota duty

09.2637

ex 0710 40 00

ex 2005 80 00

20

30

Corn cobs (Zea mays var. saccharata) whether or not cut, with a diameter of 10 mm or more, but not more than 20 mm, for use in the manufacture of products of the food industry for treatment other than simple repacking (1)
   (2)
   (3)

1.1.-31.12.

550 tonnes

0 % (3)

09.2849

ex 0710 80 69

10

Mushrooms of the species Auricularia polytricha (uncooked or cooked by steaming or boiling), frozen, for the manufacture of prepared meals (1)
   (2)

1.1.-31.12.

700 tonnes

0 %

09.2664

ex 2008 60 39

30

Sweet cherries containing added spirit, with a sugar content of not more than 9 % by weight, of a diameter of not more than 19,9 mm, with stones, for use in chocolate products (2)

1.1.-31.12.

1 000 tonnes

10 %

09.2740

ex 2309 90 31

ex 2309 90 96

87

97

Soya bean protein concentrate containing by weight:

—

60 % (± 10 %) of crude protein,

| — | 5 % (± 3 %) of crude fibre, |
| --- | --- |

—

5 % (± 3 %) of crude fibre,

| — | 5 % (± 3 %) of crude ash, and |
| --- | --- |

—

5 % (± 3 %) of crude ash, and

| — | 3 % or more but not more than 6,9 % of starch, |
| --- | --- |

—

3 % or more but not more than 6,9 % of starch,

for use in the manufacture of animal feed products (2)

1.1.-31.12.

30 000 tonnes

0 %

09.2913

ex 2401 10 35

ex 2401 10 70

ex 2401 10 95

ex 2401 10 95

ex 2401 10 95

ex 2401 20 35

ex 2401 20 70

ex 2401 20 95

ex 2401 20 95

ex 2401 20 95

91

10

11

21

91

91

10

11

21

91

Natural unmanufactured tobacco, whether or not cut in regular size, having a custom value of not less than Euro 450 per 100 kg net weight, for use as binder or wrapper for the manufacture of goods falling within subheading 2402 10 00  (2)

1.1.-31.12.

6 000 tonnes

0 %

09.2828

2712 20 90

Paraffin wax containing by weight less than 0,75 % of oil

1.1.-31.12.

120 000 tonnes

0 %

09.2600

ex 2712 90 39

10

Slack wax (CAS RN 64742-61-6)

1.1.-31.12.

100 000 tonnes

0 %

09.2928

ex 2811 22 00

40

Silica filler in the form of granules, with a purity by weight of 97 % or more of silicon dioxide

1.1.-31.12.

1 700 tonnes

0 %

09.2806

ex 2825 90 40

30

Tungsten trioxide, including blue tungsten oxide (CAS RN 1314-35-8 or CAS RN 39318-18-8)

1.1.-31.12.

12 000 tonnes

0 %

09.2872

ex 2833 29 80

40

Caesium sulphate (CAS RN 10294-54-9) in solid form or as aqueous solution containing by weight 48 % or more but not more than 52 % of caesium sulphate

1.1.-31.12.

160 tonnes

0 %

09.2929

2903 22 00

Trichloroethylene (CAS RN 79-01-6)

1.1.-31.12.

15 000 tonnes

0 %

09.2837

ex 2903 79 30

20

Bromochloromethane (CAS RN 74-97-5)

1.1.-31.12.

600 tonnes

0 %

09.2933

ex 2903 99 80

30

1,3-Dichlorobenzene (CAS RN 541-73-1)

1.1.-31.12.

2 600 tonnes

0 %

09.2700

ex 2905 12 00

10

Propan-1-ol (propyl alcohol) (CAS RN 71-23-8)

1.1.-31.12.

15 000 tonnes

0 %

09.2830

ex 2906 19 00

40

Cyclopropylmethanol (CAS RN 2516-33-8)

1.1.-31.12.

20 tonnes

0 %

09.2851

ex 2907 12 00

10

O-cresol (CAS RN 95-48-7) having a purity of not less than 98,5 % by weight

1.1.-31.12.

20 000 tonnes

0 %

09.2704

ex 2909 49 80

20

2,2,2′,2′-Tetrakis(hydroxymethyl)-3,3′-oxydipropan-1-ol (CAS RN 126-58-9)

1.1.-31.12.

500 tonnes

0 %

09.2624

2912 42 00

Ethylvanillin (3-ethoxy-4-hydroxybenzaldehyde) (CAS RN 121-32-4)

1.1.-31.12.

1 950 tonnes

0 %

09.2683

ex 2914 19 90

50

Calcium acetylacetonate (CAS RN 19372-44-2) for use in the manufacture of stabilisator systems in tablet form (2)

1.1.-31.12.

200 tonnes

0 %

09.2852

ex 2914 29 00

60

Cyclopropyl methyl ketone (CAS RN 765-43-5)

1.1.-31.12.

300 tonnes

0 %

09.2638

ex 2915 21 00

10

Acetic acid (CAS RN 64-19-7) of a purity by weight of 99 % or more

1.1.-31.12.

1 000 000 tonnes

0 %

09.2972

2915 24 00

Acetic anhydride (CAS RN 108-24-7)

1.1.-31.12.

50 000 tonnes

0 %

09.2679

2915 32 00

Vinyl acetate (CAS RN 108-05-4)

1.1.-31.12.

400 000 tonnes

0 %

09.2728

ex 2915 90 70

85

Ethyl trifluoroacetate (CAS RN 383-63-1)

1.1.-31.12.

400 tonnes

0 %

09.2665

ex 2916 19 95

30

Potassium (E,E)-hexa-2,4-dienoate (CAS RN 24634-61-5)

1.1.-31.12.

8 250 tonnes

0 %

09.2684

ex 2916 39 90

28

2,5-dimethylphenylacetyl chloride (CAS RN 55312-97-5)

1.1.-31.12.

400 tonnes

0 %

09.2599

ex 2917 11 00

40

Diethyl oxalate (CAS RN 95-92-1)

1.7.-31.12.

250 tonnes

0 %

09.2769

ex 2917 13 90

10

Dimethyl sebacate (CAS RN 106-79-6)

1.1.-31.12.

1 000 tonnes

0 %

09.2634

ex 2917 19 80

40

Dodecanedioic acid (CAS RN 693-23-2), of a purity by weight of more than 98,5 %

1.1.-31.12.

4 600 tonnes

0 %

09.2808

ex 2918 22 00

10

O-acetylsalicylic acid (CAS RN 50-78-2)

1.1.-31.12.

120 tonnes

0 %

09.2646

ex 2918 29 00

75

Octadecyl 3-(3,5-di-tert-butyl-4-hydroxyphenyl)propionate (CAS RN 2082-79-3) with

| — | a sieve passing fraction at a mesh width of 500 μm of more than 99 % by weight, and |
| --- | --- |

—

a sieve passing fraction at a mesh width of 500 μm of more than 99 % by weight, and

| — | a melting point of 49 °C or more, but not more than 54 °C, |
| --- | --- |

—

a melting point of 49 °C or more, but not more than 54 °C,

for use in the manufacture of PVC processing stabilizer-one packs based on powder mixtures (powders or press granulates) (2)

1.1.-31.12.

380 tonnes

0 %

09.2647

ex 2918 29 00

80

Pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-hydroxyphenyl)propionate) (CAS RN 6683-19-8)

| — | with a sieve passing fraction at a mesh width of 250 μm of more than 75 % by weight and at a mesh width of 500 μm of more than 99 % by weight, and |
| --- | --- |

—

with a sieve passing fraction at a mesh width of 250 μm of more than 75 % by weight and at a mesh width of 500 μm of more than 99 % by weight, and

| — | a melting point of 110 °C or more, but not more than 125 °C, |
| --- | --- |

—

a melting point of 110 °C or more, but not more than 125 °C,

for use in the manufacture of PVC processing stabilizer-one packs based on powder mixtures (powders or press granulates) (2)

1.1.-31.12.

140 tonnes

0 %

09.2975

ex 2918 30 00

10

Benzophenone-3,3′,4,4′-tetracarboxylic dianhydride (CAS RN 2421-28-5)

1.1.-31.12.

1 000 tonnes

0 %

09.2688

ex 2920 29 00

70

Tris (2,4-di-tert-butylphenyl)phosphite (CAS RN 31570-04-4)

1.1.-31.12.

6 000 tonnes

0 %

09.2648

ex 2920 90 10

70

Dimethyl Sulphate (CAS RN 77-78-1)

1.1.-31.12.

18 000 tonnes

0 %

09.2598

ex 2921 19 99

75

Octadecylamine (CAS RN 124-30-1)

1.7.-31.12.

200 tonnes

0 %

09.2649

ex 2921 29 00

60

Bis(2-dimethylaminoethyl)(methyl)amine (CAS RN 3030-47-5)

1.1.-31.12.

1 700 tonnes

0 %

09.2682

ex 2921 41 00

10

Aniline (CAS RN 62-53-3) with a purity by weight of 99 % or more

1.1.-31.12.

150 000 tonnes

0 %

09.2617

ex 2921 42 00

89

4-Fluoro-N-(1-methylethyl)benzeneamine (CAS RN 70441-63-3)

1.1.-31.12.

500 tonnes

0 %

09.2602

ex 2921 51 19

10

O-phenylenediamine (CAS RN 95-54-5)

1.1.-31.12.

1 800 tonnes

0 %

09.2730

ex 2921 59 90

80

4,4′-Methanediyldianiline (CAS RN 101-77-9) in form of granules, for use in the manufacture of prepolymers (2)

1.1.-31.12.

200 tonnes

0 %

09.2854

ex 2924 19 00

85

3-Iodoprop-2-ynyl N-butylcarbamate (CAS RN 55406-53-6)

1.1.-31.12.

250 tonnes

0 %

09.2874

ex 2924 29 70

87

Paracetamol (INN) (CAS RN 103-90-2)

1.1.-31.12.

20 000 tonnes

0 %

09.2742

ex 2926 10 00

10

Acrylonitrile (CAS RN 107-13-1), for use in the manufacture of goods of chapter 55 and heading 6815  (2)

1.1.-31.12.

50 000 tonnes

0 %

09.2856

ex 2926 90 70

84

2-Nitro-4(trifluoromethyl)benzonitrile (CAS RN 778-94-9)

1.1.-31.12.

900 tonnes

0 %

09.2708

ex 2928 00 90

15

Monomethylhydrazine (CAS 60-34-4) in the form of an aqueous solution with a content by weight of monomethylhydrazine of 40 (± 5) %

1.1.-31.12.

900 tonnes

0 %

09.2685

ex 2929 90 00

30

Nitroguanidine (CAS RN 556-88-7)

1.1.-31.12.

6 500 tonnes

0 %

09.2597

ex 2930 90 98

94

Bis[3-(triethoxysilyl)propyl]disulphide (CAS RN 56706-10-6)

1.7.-31.12.

3 000 tonnes

0 %

09.2596

ex 2930 90 98

96

2-Chloro-4-(methylsulphonyl)-3-((2,2,2-trifluoroethoxy)methyl) benzoic acid (CAS RN 120100-77-8)

1.7.-31.12.

150 tonnes

0 %

09.2842

2932 12 00

2-Furaldehyde (furfuraldehyde)

1.1.-31.12.

10 000 tonnes

0 %

09.2955

ex 2932 19 00

60

Flurtamone (ISO) (CAS RN 96525-23-4)

1.1.-31.12.

300 tonnes

0 %

09.2696

ex 2932 20 90

25

Decan-5-olide (CAS RN 705-86-2)

1.1.-31.12.

6 000 kilograms

0 %

09.2697

ex 2932 20 90

30

Dodecan-5-olide (CAS RN 713-95-1)

1.1.-31.12.

6 000 kilograms

0 %

09.2812

ex 2932 20 90

77

Hexan-6-olide (CAS RN 502-44-3)

1.1.-31.12.

4 000 tonnes

0 %

09.2858

2932 93 00

Piperonal (CAS RN 120-57-0)

1.1.-31.12.

220 tonnes

0 %

09.2878

ex 2933 29 90

85

Enzalutamide INN (CAS RN 915087-33-1)

1.1.-31.12.

1 000 kilograms

0 %

09.2673

ex 2933 39 99

43

2,2,6,6-Tetramethylpiperidin-4-ol (CAS RN 2403-88-5)

1.1.-31.12.

1 000 tonnes

0 %

09.2674

ex 2933 39 99

44

Chlorpyrifos (ISO) (CAS RN 2921-88-2)

1.1.-31.12.

9 000 tonnes

0 %

09.2880

ex 2933 59 95

39

Ibrutinib (INN) (CAS RN 936563-96-1)

1.1.-31.12.

5 tonnes

0 %

09.2860

ex 2933 69 80

30

1,3,5-Tris[3-(dimethylamino)propyl]hexahydro-1,3,5-triazine (CAS RN 15875-13-5)

1.1.-31.12.

600 tonnes

0 %

09.2595

ex 2933 99 80

49

1,4,7,10-Tetraazacyclododecane (CAS RN 294-90-6)

1.7.-31.12.

20 tonnes

0 %

09.2658

ex 2933 99 80

73

5-(Acetoacetylamino)benzimidazolone (CAS RN 26576-46-5)

1.1.-31.12.

400 tonnes

0 %

09.2675

ex 2935 90 90

79

4-[[(2-Methoxybenzoyl)amino]sulfonyl]benzoyl chloride (CAS RN 816431-72-8)

1.1.-31.12.

1 000 tonnes

0 %

09.2710

ex 2935 90 90

91

2,4,4-Trimethylpentan-2-aminium (3R,5S,E)-7-(4-(4-fluorophenyl)-6-isopropyl-2-(N-methylmethylsulfonamido)pyrimidin-5-yl)-3,5-dihydroxyhept-6-enoate (CAS RN 917805-85-7)

1.1.-31.12.

5 000 kilograms

0 %

09.2945

ex 2940 00 00

20

D-Xylose (CAS RN 58-86-6)

1.1.-31.12.

400 tonnes

0 %

09.2686

ex 3204 11 00

75

Colourant C.I. Disperse Yellow 54 (CAS RN 7576-65-0) and preparations based thereon with a colourant C.I. Disperse Yellow 54 content of 99 % or more by weight

1.1.-31.12.

250 tonnes

0 %

09.2676

ex 3204 17 00

14

Preparations based on Colourant C.I. Pigment Red 48:2 (CAS RN 7023-61-2) with a content thereof of 60 % or more but less than 85 % by weight

1.1.-31.12.

50 tonnes

0 %

09.2698

ex 3204 17 00

30

Colourant C.I. Pigment Red 4 (CAS RN 2814-77-9) and preparations based thereon with a colourant C.I. Pigment Red 4 content of 60 % or more by weight

1.1.-31.12.

150 tonnes

0 %

09.2659

ex 3802 90 00

19

Soda flux calcinated diatomaceous earth

1.1.-31.12.

35 000 tonnes

0 %

09.2908

ex 3804 00 00

10

Sodium lignosulphonate (CAS RN 8061-51-6)

1.1.-31.12.

40 000 tonnes

0 %

09.2889

3805 10 90

Sulphate turpentine

1.1.-31.12.

25 000 tonnes

0 %

09.2935

ex 3806 10 00

10

Rosin and resin acids obtained from fresh oleoresins

1.1.-31.12.

280 000 tonnes

0 %

09.2832

ex 3808 92 90

40

Preparation containing 38 % or more but not more than 50 % by weight of pyrithione zinc (INN) (CAS RN 13463-41-7) in an aqueous dispersion

1.1.-31.12.

500 tonnes

0 %

09.2876

ex 3811 29 00

55

Additives consisting of reaction products of diphenylamine and branched nonenes containing by weight:

| — | 28 % or more, but not more than 55 % of 4-monononyldiphenylamine, |
| --- | --- |

—

28 % or more, but not more than 55 % of 4-monononyldiphenylamine,

| — | 45 % or more but not more than 65 % of 4,4′-dinonyldiphenylamine, and |
| --- | --- |

—

45 % or more but not more than 65 % of 4,4′-dinonyldiphenylamine, and

| — | not more than 5 % of 2,4-dinonyldiphenylamine and 2,4′-dinonyldiphenylamine, |
| --- | --- |

—

not more than 5 % of 2,4-dinonyldiphenylamine and 2,4′-dinonyldiphenylamine,

used for the manufacture of lubricating oils (2)

1.1.-31.12.

900 tonnes

0 %

09.2814

ex 3815 90 90

76

Catalyst consisting of titanium dioxide and tungsten trioxide

1.1.-31.12.

3 000 tonnes

0 %

09.2820

ex 3824 79 00

10

Mixtures containing by weight:

| — | 60 % or more but not more than 90 % of 2-chloropropene (CAS RN 557-98-2), |
| --- | --- |

—

60 % or more but not more than 90 % of 2-chloropropene (CAS RN 557-98-2),

| — | 8 % or more but not more than 14 % of (Z)-1-chloropropene (CAS RN 16136-84-8), |
| --- | --- |

—

8 % or more but not more than 14 % of (Z)-1-chloropropene (CAS RN 16136-84-8),

| — | 5 % or more but not more than 23 % of 2-chloropropane (CAS RN 75-29-6), |
| --- | --- |

—

5 % or more but not more than 23 % of 2-chloropropane (CAS RN 75-29-6),

| — | not more than 6 % of 3-chloropropene (CAS RN 107-05-1), and |
| --- | --- |

—

not more than 6 % of 3-chloropropene (CAS RN 107-05-1), and

| — | not more than 1 % of ethyl chloride (CAS RN 75-00-3) |
| --- | --- |

—

not more than 1 % of ethyl chloride (CAS RN 75-00-3)

1.1.-31.12.

6 000 tonnes

0 %

09.2644

ex 3824 99 92

77

Preparation containing by weight:

| — | 55 % or more but not more than 78 % of dimethyl glutarate, |
| --- | --- |

—

55 % or more but not more than 78 % of dimethyl glutarate,

| — | 10 % or more but not more than 30 % of dimethyl adipate, and |
| --- | --- |

—

10 % or more but not more than 30 % of dimethyl adipate, and

| — | not more than 35 % of dimethyl succinate |
| --- | --- |

—

not more than 35 % of dimethyl succinate

1.1.-31.12.

10 000 tonnes

0 %

09.2681

ex 3824 99 92

85

Mixture of bis [3-(triethoxysilyl)propyl]sulphides (CAS RN 211519-85-6)

1.1.-31.12.

9 000 tonnes

0 %

09.2650

ex 3824 99 92

87

Acetophenone (CAS RN 98-86-2), with a purity by weight of 60 % or more but not more than 90 %

1.1.-31.12.

2 000 tonnes

0 %

09.2888

ex 3824 99 92

89

Mixture of tertiary alkyldimethyl amines containing by weight:

| — | 60 % or more but not more than 80 % of dodecyldimethylamine (CAS RN 112-18-5), and |
| --- | --- |

—

60 % or more but not more than 80 % of dodecyldimethylamine (CAS RN 112-18-5), and

| — | 20 % or more but not more than 30 % of dimethyl(tetradecyl)amine (CAS RN 112-75-4) |
| --- | --- |

—

20 % or more but not more than 30 % of dimethyl(tetradecyl)amine (CAS RN 112-75-4)

1.1.-31.12.

25 000 tonnes

0 %

09.2829

ex 3824 99 93

43

Solid extract of the residual, insoluble in aliphatic solvents, obtained during the extraction of rosin from wood, having the following characteristics:

| — | a resin acid content not exceeding 30 % by weight, |
| --- | --- |

—

a resin acid content not exceeding 30 % by weight,

| — | an acid number not exceeding 110, and |
| --- | --- |

—

an acid number not exceeding 110, and

| — | a melting point of 100 °C or more |
| --- | --- |

—

a melting point of 100 °C or more

1.1.-31.12.

1 600 tonnes

0 %

09.2907

ex 3824 99 93

67

Mixture of phytosterols, in the form of powder, containing by weight:

| — | 75 % or more of sterols, |
| --- | --- |

—

75 % or more of sterols,

| — | not more than 25 % of stanols, |
| --- | --- |

—

not more than 25 % of stanols,

for use in the manufacture of stanols/sterols or stanol/sterol esters (2)

1.1.-31.12.

2 500 tonnes

0 %

09.2639

3905 30 00

Poly(vinyl alcohol), whether or not containing unhydrolysed acetate groups

1.1.-31.12.

15 000 tonnes

0 %

09.2671

ex 3905 99 90

81

Poly(vinyl butyral)(CAS RN 63148-65-2):

| — | containing by weight 17,5 % or more, but not more than 20 % of hydroxyl groups, and |
| --- | --- |

—

containing by weight 17,5 % or more, but not more than 20 % of hydroxyl groups, and

| — | with a median particle size (D50) of more than 0,6 mm |
| --- | --- |

—

with a median particle size (D50) of more than 0,6 mm

1.1.-31.12.

12 500 tonnes

0 %

09.2846

ex 3907 40 00

25

Polymer blend of polycarbonate and poly(methyl methacrylate) with a polycarbonate content of not less than 98,5 % by weight, in the form of pellets or granules, with a luminous transmittance of not less than 88,5 %, measured using a test sample with a thickness of 4 mm at a wavelength of λ = 400 nm (according to ISO 13468-2)

1.1.-31.12.

2 000 tonnes

0 %

09.2723

ex 3911 90 19

10

Poly(oxy-1,4-phenylenesulphonyl-1,4-phenyleneoxy-4,4′-biphenylene)

1.1.-31.12. with effect from 1.1.2018

5 000 tonnes

0 %

09.2816

ex 3912 11 00

20

Cellulose acetate flakes

1.1.-31.12.

75 000 tonnes

0 %

09.2864

ex 3913 10 00

10

Sodium alginate, extracted from brown seaweed (CAS RN 9005-38-3)

1.1.-31.12.

10 000 tonnes

0 %

09.2641

ex 3913 90 00

87

Sodium hyaluronate, non-sterile, with:

| — | a weight average molecular weight (Mw) of not more than 900 000 , |
| --- | --- |

—

a weight average molecular weight (Mw) of not more than 900 000 ,

| — | an endotoxin level of not more than 0,008 Endotoxin units (EU)/mg, |
| --- | --- |

—

an endotoxin level of not more than 0,008 Endotoxin units (EU)/mg,

| — | an ethanol content of not more than 1 % by weight, |
| --- | --- |

—

an ethanol content of not more than 1 % by weight,

| — | an isopropanol content of not more than 0,5 % by weight |
| --- | --- |

—

an isopropanol content of not more than 0,5 % by weight

1.1.-31.12.

200 kilograms

0 %

09.2661

ex 3920 51 00

50

Sheets of polymethylmethacrylate conforming to standards:

| — | EN 4364 (MIL-P-5425E) and DTD5592A, or |
| --- | --- |

—

EN 4364 (MIL-P-5425E) and DTD5592A, or

| — | EN 4365 (MIL-P-8184) and DTD5592A |
| --- | --- |

—

EN 4365 (MIL-P-8184) and DTD5592A

1.1.-31.12.

100 tonnes

0 %

09.2645

ex 3921 14 00

20

Cellular block of regenerated cellulose, impregnated with water containing magnesium chloride and quaternary ammonium compounds, measuring 100 cm (± 10 cm) × 100 cm (± 10 cm) × 40 cm (± 5 cm)

1.1.-31.12.

1 700 tonnes

0 %

09.2848

ex 5505 10 10

10

Waste of synthetic fibres (including noils, yarn waste, and garnetted stock) of nylon or other polyamides (PA6 and PA66)

1.1.-31.12.

10 000 tonnes

0 %

09.2721

ex 5906 99 90

20

Woven and laminated rubberised textile fabric with the following characteristics:

| — | with three layers, |
| --- | --- |

—

with three layers,

| — | one outer layer consists of acrylic fabric, |
| --- | --- |

—

one outer layer consists of acrylic fabric,

| — | the other outer layer consists of polyester fabric, |
| --- | --- |

—

the other outer layer consists of polyester fabric,

| — | the middle layer consists of chlorobutyl rubber, |
| --- | --- |

—

the middle layer consists of chlorobutyl rubber,

| — | the middle layer has a weight of 452 g/m2 or more but not more than 569 g/m2, |
| --- | --- |

—

the middle layer has a weight of 452 g/m2 or more but not more than 569 g/m2,

| — | the textile fabric has a total weight of 952 g/m2 or more but not more than 1 159 g/m2, |
| --- | --- |

—

the textile fabric has a total weight of 952 g/m2 or more but not more than 1 159 g/m2,

| — | the textile fabric has a total thickness of 0,8 mm or more but not more than 4 mm, |
| --- | --- |

—

the textile fabric has a total thickness of 0,8 mm or more but not more than 4 mm,

used for the manufacture of the retractable roof of motor vehicles (2)

1.1.-31.12.

375 000 square metres

0 %

09.2594

ex 6909 19 00

55

Ceramic-carbon absorption cartridge:

| — | extruded fired ceramic bound multicellular cylindrical structure, |
| --- | --- |

—

extruded fired ceramic bound multicellular cylindrical structure,

| — | 10 or more % by weight but not more than 30 % by weight of activated carbon, |
| --- | --- |

—

10 or more % by weight but not more than 30 % by weight of activated carbon,

| — | 70 or more % by weight but not more than 90 % by weight of ceramic binder, |
| --- | --- |

—

70 or more % by weight but not more than 90 % by weight of ceramic binder,

| — | with a diameter of 29 mm or more but not more than 41mm, |
| --- | --- |

—

with a diameter of 29 mm or more but not more than 41mm,

| — | a length of not more than 150 mm, |
| --- | --- |

—

a length of not more than 150 mm,

| — | fired at temperature of 800 °C or more, |
| --- | --- |

—

fired at temperature of 800 °C or more,

| — | for vapours adsorption, |
| --- | --- |

—

for vapours adsorption,

of a kind used for assembly in fuel vapours absorbers in fuel systems of motor vehicles

1.7.-31.12.

500 000 pieces

0 %

09.2866

ex 7019 12 00

ex 7019 12 00

06

26

S glass stratifils (rovings):

| — | composed of continuous glass filaments of 9 μm (± 0,5 μm), |
| --- | --- |

—

composed of continuous glass filaments of 9 μm (± 0,5 μm),

| — | measuring 200 tex or more but not more than 680 tex, |
| --- | --- |

—

measuring 200 tex or more but not more than 680 tex,

| — | not containing any calcium oxide, and |
| --- | --- |

—

not containing any calcium oxide, and

| — | with a breaking strength of more than 3 550 MPa determined by ASTM D2343-09, |
| --- | --- |

—

with a breaking strength of more than 3 550 MPa determined by ASTM D2343-09,

for use in the manufacture of aeronautics (2)

1.1.-31.12.

1 000 tonnes

0 %

09.2628

ex 7019 52 00

10

Glass web woven from glass fibre coated in plastic, of a weight of 120 g/m2(± 10 g/m2), of a type used in rolling insect screens with fixed frames

1.1.-31.12.

3 000 000 square metres

0 %

09.2799

ex 7202 49 90

10

Ferro-chromium containing 1,5 % or more but not more than 4 % by weight of carbon and not more than 70 % of chromium

1.1.-31.12.

50 000 tonnes

0 %

09.2652

ex 7409 11 00

ex 7410 11 00

20

30

Refined copper foil and strips, electrolytically coated

1.1.-31.12.

1 020 tonnes

0 %

09.2734

ex 7409 19 00

20

Plates or sheets consisting of

| — | a layer of a silicon nitride ceramic with a thickness of 0,32 mm (± 0,1 mm) or more but not more than 1,0 mm (± 0,1 mm), |
| --- | --- |

—

a layer of a silicon nitride ceramic with a thickness of 0,32 mm (± 0,1 mm) or more but not more than 1,0 mm (± 0,1 mm),

| — | covered on both sides with a foil of refined copper with a thickness of 0,8 mm (± 0,1 mm), and |
| --- | --- |

—

covered on both sides with a foil of refined copper with a thickness of 0,8 mm (± 0,1 mm), and

| — | on one side partially covered with a coating of silver |
| --- | --- |

—

on one side partially covered with a coating of silver

1.1.-31.12.

7 000 000 pieces

0 %

09.2662

ex 7410 21 00

55

Plates:

| — | consisting of at least one layer of fibreglass fabric impregnated with epoxide resin, |
| --- | --- |

—

consisting of at least one layer of fibreglass fabric impregnated with epoxide resin,

| — | covered on one or both sides with copper foil with a thickness of not more than 0,15 mm, |
| --- | --- |

—

covered on one or both sides with copper foil with a thickness of not more than 0,15 mm,

| — | with a dielectric constant (DK) of less than 5,4 at 1 MHz, as measured according to IPC-TM-650 2.5.5.2, |
| --- | --- |

—

with a dielectric constant (DK) of less than 5,4 at 1 MHz, as measured according to IPC-TM-650 2.5.5.2,

| — | with a loss tangent of less than 0,035 at 1 MHz, as measured according to IPC-TM-650 2.5.5.2, |
| --- | --- |

—

with a loss tangent of less than 0,035 at 1 MHz, as measured according to IPC-TM-650 2.5.5.2,

| — | with a comparative tracking index (CTI) of 600 or more |
| --- | --- |

—

with a comparative tracking index (CTI) of 600 or more

1.1.-31.12.

80 000 square metres

0 %

09.2834

ex 7604 29 10

20

Aluminium alloy rods with a diameter of 200 mm or more, but not exceeding 300 mm

1.1.-31.12.

2 000 tonnes

0 %

09.2835

ex 7604 29 10

30

Aluminium alloy rods with a diameter of 300,1 mm or more, but not more than 533,4 mm

1.1.-31.12.

1 000 tonnes

0 %

09.2736

ex 7607 11 90

83

Aluminium and magnesium alloy strip or foil:

| — | of an alloy conforming to standards 5182-H19 or 5052-H19, |
| --- | --- |

—

of an alloy conforming to standards 5182-H19 or 5052-H19,

| — | in rolls with an outside diameter of minimum 1 250 mm but not more than 1 350 mm, |
| --- | --- |

—

in rolls with an outside diameter of minimum 1 250 mm but not more than 1 350 mm,

| — | of a thickness (tolerance - 0,006 mm) of 0,15 mm, 0,16 mm, 0,18 mm or 0,20 mm, |
| --- | --- |

—

of a thickness (tolerance - 0,006 mm) of 0,15 mm, 0,16 mm, 0,18 mm or 0,20 mm,

| — | of a width ( tolerance ± 0,3 mm) of 12,5 mm, 15,0 mm, 16,0 mm, 25,0 mm, 35,0 mm, 50,0 mm or 356 mm, |
| --- | --- |

—

of a width ( tolerance ± 0,3 mm) of 12,5 mm, 15,0 mm, 16,0 mm, 25,0 mm, 35,0 mm, 50,0 mm or 356 mm,

| — | having a camber tolerance of not more than 0,4 mm/750 mm, |
| --- | --- |

—

having a camber tolerance of not more than 0,4 mm/750 mm,

| — | of a flatness measurement: I-unit ± 4, |
| --- | --- |

—

of a flatness measurement: I-unit ± 4,

| — | having a tensile strength of more than (5182-H19) 365 MPa or (5052-H19) 320 MPa, |
| --- | --- |

—

having a tensile strength of more than (5182-H19) 365 MPa or (5052-H19) 320 MPa,

| — | of an elongation A50 of more than (5182-H19) 3 % or (5052-H19) 2,5 %, |
| --- | --- |

—

of an elongation A50 of more than (5182-H19) 3 % or (5052-H19) 2,5 %,

for use in the manufacture of slats for blinds (2)

1.1.-31.12.

600 tonnes

0 %

09.2906

ex 7609 00 00

20

Aluminium tube or pipe fittings for affixing to radiators of motor bikes (2)

1.1.-31.12.

3 000 000 pieces

0 %

09.2722

8104 11 00

Unwrought magnesium, containing at least 99,8 % by weight of magnesium

1.1.-31.12.

80 000 tonnes

0 %

09.2840

ex 8104 30 00

20

Magnesium powder:

| — | of purity by weight of 98 % or more, but not more than 99,5 %, |
| --- | --- |

—

of purity by weight of 98 % or more, but not more than 99,5 %,

| — | with a particle size of 0,2 mm or more but not more than 0,8 mm |
| --- | --- |

—

with a particle size of 0,2 mm or more but not more than 0,8 mm

1.1.-31.12.

2 000 tonnes

0 %

09.2629

ex 8302 49 00

91

Aluminium telescopic handle for use in the manufacture of luggage (2)

1.1.-31.12.

1 500 000 pieces

0 %

09.2720

ex 8413 91 00

50

Pump head for two cylinder high pressure pump made of forged steel, with:

| — | milled threaded fittings with a diameter of 10 mm or more but not more than 36,8 mm, and |
| --- | --- |

—

milled threaded fittings with a diameter of 10 mm or more but not more than 36,8 mm, and

| — | drilled fuel channels with a diameter of 3,5 mm or more but not more than 10 mm, |
| --- | --- |

—

drilled fuel channels with a diameter of 3,5 mm or more but not more than 10 mm,

of a kind used in diesel injection systems

1.1.-31.12.

65 000 pieces

0 %

09.2850

ex 8414 90 00

70

Aluminium alloy compressor wheel with:

| — | a diameter of 20 mm or more, but not more than 130 mm, and |
| --- | --- |

—

a diameter of 20 mm or more, but not more than 130 mm, and

| — | a weight of 5 g or more, but not more than 800 g, |
| --- | --- |

—

a weight of 5 g or more, but not more than 800 g,

for use in the assembly of turbochargers without further machining (2)

1.1.-31.12.

5 900 000 pieces

0 %

09.2909

ex 8481 80 85

40

Exhaust valve for use in the manufacture of motorcycle exhaust gas systems (2)

1.1.-31.12.

1 000 000 pieces

0 %

09.2738

ex 8482 99 00

20

Brass cages

| — | continuously or centrifugally cast, |
| --- | --- |

—

continuously or centrifugally cast,

| — | turned, |
| --- | --- |

—

turned,

| — | containing by weight 35 % or more, but not more than 38 % of tin, |
| --- | --- |

—

containing by weight 35 % or more, but not more than 38 % of tin,

| — | containing by weight 0,75 % or more, but not more than 1,25 % of lead, |
| --- | --- |

—

containing by weight 0,75 % or more, but not more than 1,25 % of lead,

| — | containing by weight 1,0 % or more, but not more than 1,4 % of aluminium, and |
| --- | --- |

—

containing by weight 1,0 % or more, but not more than 1,4 % of aluminium, and

| — | with a tensile strength of 415 Pa or more, |
| --- | --- |

—

with a tensile strength of 415 Pa or more,

of a kind used for the manufacture of ball bearings

1.1.-31.12.

35 000 pieces

0 %

09.2690

ex 8483 30 80

20

Wave slide bearing for axial applications, of FeP01 steel (according to EN 10130-1991) with a sliding layer of porous sinter bronze and poly(tetrafluoroethylene), suitable for installation into motor bike suspension units

1.1.-31.12.

1 500 000 pieces

0 %

09.2763

ex 8501 40 20

ex 8501 40 80

40

30

Electric AC commutator motor, single-phase, with an output of 250 W or more, an input power of 700 W or more but not more than 2 700 W, an external diameter of more than 120 mm (± 0,2 mm) but not more than 135 mm (± 0,2 mm), a rated speed of more than 30 000 rpm but not more than 50 000  rpm, equipped with air-inducting ventilator, for use in the manufacture of vacuum cleaners (2)

1.1.-31.12.

2 000 000 pieces

0 %

09.2672

ex 8529 90 92

ex 9405 40 39

75

70

Printed circuit board with LED diodes:

| — | whether or not equipped with prisms/lens, and |
| --- | --- |

—

whether or not equipped with prisms/lens, and

| — | whether or not fitted with connector(s), |
| --- | --- |

—

whether or not fitted with connector(s),

for the manufacture of backlight units for goods of heading 8528  (2)

1.1.-31.12.

115 000 000 pieces

0 %

09.2003

ex 8543 70 90

63

Voltage controlled frequency generator, consisting of active and passive elements mounted on a printed circuit, contained in a housing with dimensions of not more than 30 mm × 30 mm

1.1.-31.12.

1 400 000 pieces

0 %

09.2910

ex 8708 99 97

75

Aluminium alloy support bracket, with mounting holes, whether or not with fixation nuts, for indirect connection of the gearbox to the car body for use in the manufacture of goods of Chapter 87 (2)

1.1.-31.12.

200 000 pieces

0 %

09.2694

ex 8714 10 90

30

Axle clamps, housings, fork bridges and clamping pieces, of aluminium alloy of a kind used for motor bikes

1.1.-31.12.

1 000 000 pieces

0 %

09.2868

ex 8714 10 90

60

Pistons for suspension systems, having a diameter of not more than 55 mm, of sintered steel

1.1.-31.12.

2 000 000 pieces

0 %

09.2668

ex 8714 91 10

ex 8714 91 10

ex 8714 91 10

21

31

75

Bicycle frame, constructed from carbon fibres and artificial resin, for use in the manufacture of bicycles (including e-bikes) (2)

1.1.-31.12.

350 000 pieces

0 %

09.2631

ex 9001 90 00

80

Unmounted glass lenses, prisms and cemented elements for use in the manufacture or repair of goods of CN codes 9002 , 9005 , 9013 10 and 9015  (2)

1.1.-31.12.

5 000 000 pieces

0 %

---

(1)  However, the suspension of tariff duties does not apply where the processing is carried out by retail or catering undertakings.

(2)  Suspension of duties is subject to end-use customs supervision in accordance with Article 254 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

(3)  Only the ad valorem duty is suspended. The specific duty shall continue to apply.

---

| 20.6.2019 | EN | Official Journal of the European Union | L 163/27 |
| --- | --- | --- | --- |

20.6.2019

EN

Official Journal of the European Union

L 163/27

---

COUNCIL REGULATION (EU) 2019/999

of 13 June 2019

amending Regulation (EU) No 1387/2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | In order to ensure a sufficient and uninterrupted supply of certain agricultural and industrial products which are unavailable in the Union and thereby avoid any disturbances on the market for those products, autonomous Common Customs Tariff (‘CCT’) duties on those products have been suspended by Council Regulation (EU) No 1387/2013 (1). Those products can be imported into the Union at reduced or zero duty rates. |
| --- | --- |

(1)

In order to ensure a sufficient and uninterrupted supply of certain agricultural and industrial products which are unavailable in the Union and thereby avoid any disturbances on the market for those products, autonomous Common Customs Tariff (‘CCT’) duties on those products have been suspended by Council Regulation (EU) No 1387/2013 (1). Those products can be imported into the Union at reduced or zero duty rates.

| (2) | The Union production of 97 products that are not listed in the Annex to Regulation (EU) No 1387/2013 is inadequate or non-existent. It is therefore in the interest of the Union to suspend totally the autonomous CCT duties on those products. |
| --- | --- |

(2)

The Union production of 97 products that are not listed in the Annex to Regulation (EU) No 1387/2013 is inadequate or non-existent. It is therefore in the interest of the Union to suspend totally the autonomous CCT duties on those products.

| (3) | It is necessary to modify the conditions for the suspension of autonomous CCT duties for 47 products listed in the Annex to Regulation (EU) No 1387/2013 in order to take into account technical product developments and economic trends on the market. |
| --- | --- |

(3)

It is necessary to modify the conditions for the suspension of autonomous CCT duties for 47 products listed in the Annex to Regulation (EU) No 1387/2013 in order to take into account technical product developments and economic trends on the market.

| (4) | It is no longer in the interest of the Union to maintain the suspension of autonomous CCT duties for 26 of the products that are listed in the Annex to Regulation (EU) No 1387/2013. The suspensions for those products should therefore be deleted. Moreover, with a view to promoting integrated battery production in the Union and in accordance with the communication from the Commission entitled ‘Europe on the Move — Sustainable Mobility for Europe: safe, connected, and clean’, the suspensions for 20 additional products listed in that Annex should be withdrawn. Furthermore, another 50 suspensions should be deleted from that Annex as a result of the implementation of the agreement in the form of the Declaration on the Expansion of Trade in Information Technology Products (2), which reduced the duty rate for the products concerned to zero. |
| --- | --- |

(4)

It is no longer in the interest of the Union to maintain the suspension of autonomous CCT duties for 26 of the products that are listed in the Annex to Regulation (EU) No 1387/2013. The suspensions for those products should therefore be deleted. Moreover, with a view to promoting integrated battery production in the Union and in accordance with the communication from the Commission entitled ‘Europe on the Move — Sustainable Mobility for Europe: safe, connected, and clean’, the suspensions for 20 additional products listed in that Annex should be withdrawn. Furthermore, another 50 suspensions should be deleted from that Annex as a result of the implementation of the agreement in the form of the Declaration on the Expansion of Trade in Information Technology Products (2), which reduced the duty rate for the products concerned to zero.

| (5) | Regulation (EU) No 1387/2013 should therefore be amended accordingly. |
| --- | --- |

(5)

Regulation (EU) No 1387/2013 should therefore be amended accordingly.

| (6) | In order to avoid any interruption of the application of the autonomous suspension scheme and to comply with the guidelines set out in the communication from the Commission concerning autonomous tariff suspensions and quotas (3), the changes provided for in this Regulation regarding the tariff suspensions for the products concerned should apply from 1 July 2019. This Regulation should therefore enter into force as a matter of urgency, |
| --- | --- |

(6)

In order to avoid any interruption of the application of the autonomous suspension scheme and to comply with the guidelines set out in the communication from the Commission concerning autonomous tariff suspensions and quotas (3), the changes provided for in this Regulation regarding the tariff suspensions for the products concerned should apply from 1 July 2019. This Regulation should therefore enter into force as a matter of urgency,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EU) No 1387/2013 is amended as follows:

| (1) | all asterisks in the table and the endnote (*), containing the text ‘New or amended position or position with prolonged validity.’, are deleted; |
| --- | --- |

(1)

all asterisks in the table and the endnote (*), containing the text ‘New or amended position or position with prolonged validity.’, are deleted;

| (2) | in the table, the rows for the products for which the CN and TARIC codes are set out in Annex I to this Regulation are deleted; |
| --- | --- |

(2)

in the table, the rows for the products for which the CN and TARIC codes are set out in Annex I to this Regulation are deleted;

| (3) | the rows for the products listed in Annex II to this Regulation are inserted into the table according to the order of the CN and TARIC codes indicated in the first and second columns of that table, respectively. |
| --- | --- |

(3)

the rows for the products listed in Annex II to this Regulation are inserted into the table according to the order of the CN and TARIC codes indicated in the first and second columns of that table, respectively.

Article 2

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

It shall apply from 1 July 2019.

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

Done at Luxembourg, 13 June 2019.

For the Council

The President

M.C. BUDĂI

---

(1)  Council Regulation (EU) No 1387/2013 of 17 December 2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products and repealing Regulation (EU) No 1344/2011 (OJ L 354, 28.12.2013, p. 201).

1

(2)  
  OJ L 161, 18.6.2016, p. 4.

2

(3)  
  OJ C 363, 13.12.2011, p. 6.

3

---

ANNEX I

In the table set out in the Annex to Regulation (EU) No 1387/2013, the rows relating to suspensions for the products identified by the following CN and TARIC codes are deleted:

| CN code | TARIC |
| --- | --- |
| ex 2826 90 80 | 10 |
| ex 2826 90 80 | 20 |
| ex 2920 90 10 | 15 |
| ex 2920 90 10 | 25 |
| ex 2920 90 10 | 35 |
| ex 2921 19 99 | 25 |
| ex 2926 90 70 | 12 |
| ex 3208 90 19 | 20 |
| ex 3506 91 10 | 10 |
| ex 3506 91 10 | 40 |
| ex 3506 91 10 | 50 |
| ex 3506 91 90 | 10 |
| ex 3506 91 90 | 40 |
| ex 3506 91 90 | 50 |
| ex 3506 91 90 | 60 |
| ex 3701 30 00 | 20 |
| ex 3701 30 00 | 30 |
| ex 3701 99 00 | 10 |
| ex 3707 90 29 | 10 |
| ex 3707 90 29 | 40 |
| ex 3707 90 29 | 50 |
| ex 3801 10 00 | 10 |
| ex 3801 90 00 | 30 |
| ex 3806 90 00 | 10 |
| ex 3812 39 90 | 35 |
| ex 3815 19 90 | 87 |
| ex 3815 90 90 | 22 |
| ex 3824 99 92 | 37 |
| ex 3904 10 00 | 20 |
| ex 3907 20 20 | 40 |
| ex 3909 40 00 | 60 |
| ex 3921 19 00 | 35 |
| ex 3921 19 00 | 40 |
| ex 5603 12 90 | 50 |
| ex 5603 12 90 | 70 |
| ex 5603 13 90 | 70 |
| ex 5603 92 90 | 40 |
| ex 5603 93 90 | 10 |
| ex 7410 11 00 | 10 |
| ex 8108 20 00 | 40 |
| ex 8108 20 00 | 60 |
| ex 8467 99 00 | 10 |
| ex 8479 89 97 | 50 |
| ex 8479 89 97 | 80 |
| ex 8479 90 20 | 80 |
| ex 8479 90 70 | 80 |
| ex 8481 80 59 | 30 |
| ex 8481 80 59 | 40 |
| ex 8481 80 59 | 50 |
| ex 8481 80 59 | 60 |
| ex 8482 10 10 | 40 |
| ex 8482 10 90 | 30 |
| ex 8501 31 00 | 55 |
| ex 8501 32 00 | 60 |
| ex 8501 33 00 | 15 |
| ex 8504 40 82 | 40 |
| ex 8504 40 82 | 50 |
| ex 8504 40 88 | 30 |
| ex 8504 40 90 | 15 |
| ex 8504 40 90 | 25 |
| ex 8504 40 90 | 30 |
| ex 8504 40 90 | 40 |
| ex 8504 40 90 | 50 |
| ex 8504 40 90 | 70 |
| ex 8504 40 90 | 80 |
| ex 8504 50 95 | 20 |
| ex 8504 50 95 | 40 |
| ex 8504 50 95 | 50 |
| ex 8504 50 95 | 60 |
| ex 8504 50 95 | 70 |
| ex 8504 50 95 | 80 |
| ex 8504 90 11 | 10 |
| ex 8504 90 11 | 20 |
| ex 8504 90 99 | 20 |
| ex 8506 90 00 | 10 |
| ex 8507 10 20 | 80 |
| ex 8507 50 00 | 20 |
| ex 8507 50 00 | 40 |
| ex 8507 60 00 | 15 |
| ex 8507 60 00 | 20 |
| ex 8507 60 00 | 23 |
| ex 8507 60 00 | 25 |
| ex 8507 60 00 | 30 |
| ex 8507 60 00 | 33 |
| ex 8507 60 00 | 43 |
| ex 8507 60 00 | 45 |
| ex 8507 60 00 | 47 |
| ex 8507 60 00 | 50 |
| ex 8507 60 00 | 53 |
| ex 8507 60 00 | 60 |
| ex 8507 60 00 | 71 |
| ex 8507 60 00 | 80 |
| ex 8507 60 00 | 85 |
| ex 8507 80 00 | 20 |
| ex 8507 90 80 | 60 |
| ex 8518 29 95 | 30 |
| ex 8518 29 95 | 40 |
| ex 8518 30 95 | 20 |
| ex 8518 40 80 | 91 |
| ex 8518 40 80 | 92 |
| ex 8518 40 80 | 93 |
| ex 8518 90 00 | 30 |
| ex 8518 90 00 | 35 |
| ex 8518 90 00 | 40 |
| ex 8518 90 00 | 50 |
| ex 8518 90 00 | 60 |
| ex 8518 90 00 | 80 |
| ex 8522 90 49 | 60 |
| ex 8522 90 49 | 65 |
| ex 8522 90 80 | 30 |
| ex 8522 90 80 | 65 |
| ex 8522 90 80 | 80 |
| ex 8522 90 80 | 84 |
| ex 8522 90 80 | 97 |
| ex 8526 10 00 | 20 |
| ex 8527 99 00 | 10 |
| ex 8527 99 00 | 20 |
| ex 8529 10 80 | 60 |
| ex 8529 10 80 | 70 |
| ex 8529 90 65 | 15 |
| ex 8529 90 65 | 25 |
| ex 8529 90 65 | 40 |
| ex 8529 90 92 | 57 |
| ex 8535 90 00 | 30 |
| ex 8536 49 00 | 30 |
| ex 8536 50 11 | 35 |
| ex 8536 50 11 | 40 |
| ex 8536 50 19 | 93 |
| ex 8536 50 80 | 81 |
| ex 8536 50 80 | 82 |
| ex 8536 50 80 | 83 |
| ex 8536 50 80 | 97 |
| ex 8545 90 90 | 30 |
| ex 9001 20 00 | 10 |
| ex 9001 20 00 | 20 |
| ex 9001 90 00 | 55 |
| ex 9002 11 00 | 15 |
| ex 9002 11 00 | 25 |
| ex 9002 11 00 | 35 |
| ex 9002 11 00 | 45 |
| ex 9002 11 00 | 55 |
| ex 9002 11 00 | 65 |
| ex 9002 11 00 | 75 |
| ex 9002 19 00 | 10 |
| ex 9002 19 00 | 20 |
| ex 9002 19 00 | 30 |
| ex 9002 19 00 | 40 |
| ex 9002 19 00 | 50 |
| ex 9002 19 00 | 60 |
| ex 9002 19 00 | 70 |
| ex 9027 10 90 | 10 |
| ex 9029 20 31 | 10 |
| ex 9029 90 00 | 20 |
| ex 9030 31 00 | 20 |

CN code

TARIC

ex 2826 90 80

10

ex 2826 90 80

20

ex 2920 90 10

15

ex 2920 90 10

25

ex 2920 90 10

35

ex 2921 19 99

25

ex 2926 90 70

12

ex 3208 90 19

20

ex 3506 91 10

10

ex 3506 91 10

40

ex 3506 91 10

50

ex 3506 91 90

10

ex 3506 91 90

40

ex 3506 91 90

50

ex 3506 91 90

60

ex 3701 30 00

20

ex 3701 30 00

30

ex 3701 99 00

10

ex 3707 90 29

10

ex 3707 90 29

40

ex 3707 90 29

50

ex 3801 10 00

10

ex 3801 90 00

30

ex 3806 90 00

10

ex 3812 39 90

35

ex 3815 19 90

87

ex 3815 90 90

22

ex 3824 99 92

37

ex 3904 10 00

20

ex 3907 20 20

40

ex 3909 40 00

60

ex 3921 19 00

35

ex 3921 19 00

40

ex 5603 12 90

50

ex 5603 12 90

70

ex 5603 13 90

70

ex 5603 92 90

40

ex 5603 93 90

10

ex 7410 11 00

10

ex 8108 20 00

40

ex 8108 20 00

60

ex 8467 99 00

10

ex 8479 89 97

50

ex 8479 89 97

80

ex 8479 90 20

80

ex 8479 90 70

80

ex 8481 80 59

30

ex 8481 80 59

40

ex 8481 80 59

50

ex 8481 80 59

60

ex 8482 10 10

40

ex 8482 10 90

30

ex 8501 31 00

55

ex 8501 32 00

60

ex 8501 33 00

15

ex 8504 40 82

40

ex 8504 40 82

50

ex 8504 40 88

30

ex 8504 40 90

15

ex 8504 40 90

25

ex 8504 40 90

30

ex 8504 40 90

40

ex 8504 40 90

50

ex 8504 40 90

70

ex 8504 40 90

80

ex 8504 50 95

20

ex 8504 50 95

40

ex 8504 50 95

50

ex 8504 50 95

60

ex 8504 50 95

70

ex 8504 50 95

80

ex 8504 90 11

10

ex 8504 90 11

20

ex 8504 90 99

20

ex 8506 90 00

10

ex 8507 10 20

80

ex 8507 50 00

20

ex 8507 50 00

40

ex 8507 60 00

15

ex 8507 60 00

20

ex 8507 60 00

23

ex 8507 60 00

25

ex 8507 60 00

30

ex 8507 60 00

33

ex 8507 60 00

43

ex 8507 60 00

45

ex 8507 60 00

47

ex 8507 60 00

50

ex 8507 60 00

53

ex 8507 60 00

60

ex 8507 60 00

71

ex 8507 60 00

80

ex 8507 60 00

85

ex 8507 80 00

20

ex 8507 90 80

60

ex 8518 29 95

30

ex 8518 29 95

40

ex 8518 30 95

20

ex 8518 40 80

91

ex 8518 40 80

92

ex 8518 40 80

93

ex 8518 90 00

30

ex 8518 90 00

35

ex 8518 90 00

40

ex 8518 90 00

50

ex 8518 90 00

60

ex 8518 90 00

80

ex 8522 90 49

60

ex 8522 90 49

65

ex 8522 90 80

30

ex 8522 90 80

65

ex 8522 90 80

80

ex 8522 90 80

84

ex 8522 90 80

97

ex 8526 10 00

20

ex 8527 99 00

10

ex 8527 99 00

20

ex 8529 10 80

60

ex 8529 10 80

70

ex 8529 90 65

15

ex 8529 90 65

25

ex 8529 90 65

40

ex 8529 90 92

57

ex 8535 90 00

30

ex 8536 49 00

30

ex 8536 50 11

35

ex 8536 50 11

40

ex 8536 50 19

93

ex 8536 50 80

81

ex 8536 50 80

82

ex 8536 50 80

83

ex 8536 50 80

97

ex 8545 90 90

30

ex 9001 20 00

10

ex 9001 20 00

20

ex 9001 90 00

55

ex 9002 11 00

15

ex 9002 11 00

25

ex 9002 11 00

35

ex 9002 11 00

45

ex 9002 11 00

55

ex 9002 11 00

65

ex 9002 11 00

75

ex 9002 19 00

10

ex 9002 19 00

20

ex 9002 19 00

30

ex 9002 19 00

40

ex 9002 19 00

50

ex 9002 19 00

60

ex 9002 19 00

70

ex 9027 10 90

10

ex 9029 20 31

10

ex 9029 90 00

20

ex 9030 31 00

20

---

ANNEX II

In the table set out in the Annex to Regulation (EU) No 1387/2013, the following rows are inserted according to the order of the CN and TARIC codes indicated in the first and second columns of that table, respectively:

| CN code | TARIC | Description | Rate of autonomous duty | Supplementary Unit | Date foreseen for mandatory review |
| --- | --- | --- | --- | --- | --- |
| 1516 20 10 | | Hydrogenated castor oil, so called ‘opal-wax’ | 0 % | — | 31.12.2023 |
| ex 2818 10 11 | 10 | Sol-Gel corundum (CAS RN 1302-74-5) with an aluminium oxide content of 99,6 % or more by weight, having a micro crystalline structure in the form of rods with an aspect ratio of 1,3 or more, but not more than 6,0 | 0 % | — | 31.12.2023 |
| ex 2826 90 80 | 10 | Lithium hexafluorophosphate (1-) (CAS RN 21324-40-3) | 0 % | — | 31.12.2019 |
| ex 2828 10 00 | 10 | Calcium hypochlorite (CAS RN 7778-54-3) having an active chlorine content of 65 % or more | 0 % | — | 31.12.2023 |
| ex 2905 32 00 | 10 | (2S)-propane-1,2-diol (CAS RN 4254-15-3) | 0 % | — | 31.12.2023 |
| ex 2909 30 90 | 35 | 1-Chloro-2-(4-ethoxybenzyl)-4-iodobenzene (CAS RN 1103738-29-9) | 0 % | — | 31.12.2023 |
| ex 2910 90 00 | 25 | Phenyloxirane (CAS RN 96-09-3) | 0 % | — | 31.12.2023 |
| ex 2912 29 00 | 55 | Cyclohex-3-ene-1-carbaldehyde (CAS RN 100-50-5) | 0 % | — | 31.12.2023 |
| ex 2915 90 70 | 15 | 2,2-Dimethylbutanoyl chloride (CAS RN 5856-77-9) | 0 % | — | 31.12.2023 |
| ex 2916 39 90 | 57 | 2-Phenylprop-2-enoic acid (CAS RN 492-38-6) | 0 % | — | 31.12.2023 |
| ex 2918 30 00 | 25 | (E)-1-ethoxy-3-oxobut-1-en-1-olate; 2-methylpropan-1-olate; titanium(4+) (CAS RN 83877-91-2) | 0 % | — | 31.12.2023 |
| ex 2918 99 90 | 33 | Vanillic Acid (CAS RN 121-34-6) containing






  — | not more than 10 ppm of Palladium (CAS RN 7440-05-3), |

CN code

TARIC

Description

Rate of autonomous duty

Supplementary Unit

Date foreseen for mandatory review

1516 20 10

Hydrogenated castor oil, so called ‘opal-wax’

0 %

—

31.12.2023

ex 2818 10 11

10

Sol-Gel corundum (CAS RN 1302-74-5) with an aluminium oxide content of 99,6 % or more by weight, having a micro crystalline structure in the form of rods with an aspect ratio of 1,3 or more, but not more than 6,0

0 %

—

31.12.2023

ex 2826 90 80

10

Lithium hexafluorophosphate (1-) (CAS RN 21324-40-3)

0 %

—

31.12.2019

ex 2828 10 00

10

Calcium hypochlorite (CAS RN 7778-54-3) having an active chlorine content of 65 % or more

0 %

—

31.12.2023

ex 2905 32 00

10

(2S)-propane-1,2-diol (CAS RN 4254-15-3)

0 %

—

31.12.2023

ex 2909 30 90

35

1-Chloro-2-(4-ethoxybenzyl)-4-iodobenzene (CAS RN 1103738-29-9)

0 %

—

31.12.2023

ex 2910 90 00

25

Phenyloxirane (CAS RN 96-09-3)

0 %

—

31.12.2023

ex 2912 29 00

55

Cyclohex-3-ene-1-carbaldehyde (CAS RN 100-50-5)

0 %

—

31.12.2023

ex 2915 90 70

15

2,2-Dimethylbutanoyl chloride (CAS RN 5856-77-9)

0 %

—

31.12.2023

ex 2916 39 90

57

2-Phenylprop-2-enoic acid (CAS RN 492-38-6)

0 %

—

31.12.2023

ex 2918 30 00

25

(E)-1-ethoxy-3-oxobut-1-en-1-olate; 2-methylpropan-1-olate; titanium(4+) (CAS RN 83877-91-2)

0 %

—

31.12.2023

ex 2918 99 90

33

Vanillic Acid (CAS RN 121-34-6) containing

—

not more than 10 ppm of Palladium (CAS RN 7440-05-3),

| — | not more than 10 ppm of bismuth (CAS RN 7440-69-9), |
| --- | --- |

—

not more than 10 ppm of bismuth (CAS RN 7440-69-9),

| — | not more than 14 ppm of formaldehyde (CAS RN 50-00-0), |
| --- | --- |

—

not more than 14 ppm of formaldehyde (CAS RN 50-00-0),

| — | not more than 1,3 % by weight of 3,4-dihydroxybenzoic acid (CAS RN 99-50-3), |
| --- | --- |

—

not more than 1,3 % by weight of 3,4-dihydroxybenzoic acid (CAS RN 99-50-3),

| — | not more than 0,5 % by weight of vanillin (CAS RN 121-33-5) |
| --- | --- |

—

not more than 0,5 % by weight of vanillin (CAS RN 121-33-5)

0 %

—

31.12.2023

ex 2920 90 10

15

Ethyl methyl carbonate (CAS RN 623-53-0)

0 %

—

31.12.2019

ex 2920 90 10

25

Diethyl carbonate (CAS RN 105-58-8)

0 %

—

31.12.2019

ex 2920 90 10

35

Vinylene carbonate (CAS RN 872-36-6)

0 %

—

31.12.2019

ex 2920 90 70

20

Diethyl phosphorochloridate (CAS RN 814-49-3)

0 %

—

31.12.2023

ex 2921 43 00

70

5-Bromo-4-fluoro-2-methylaniline (CAS RN 627871-16-3)

0 %

—

31.12.2023

ex 2921 45 00

30

(5 or 8)-Aminonaphthalene-2-sulphonic acid (CAS RN 51548-48-2)

0 %

—

31.12.2023

ex 2921 45 00

80

2-Aminonaphthalene-1-sulphonic acid (CAS RN 81-16-3)

0 %

—

31.12.2023

ex 2921 49 00

35

2-Ethylaniline (CAS RN 578-54-1)

0 %

—

31.12.2023

ex 2922 19 00

55

3-Aminoadamantan-1-ol (CAS RN 702-82-9)

0 %

—

31.12.2023

ex 2922 29 00

33

o-Phenetidine (CAS RN 94-70-2)

0 %

—

31.12.2023

ex 2923 90 00

65

N,N,N-trimethyl-tricyclo[3.3.1.13,7]decan-1-aminium hydroxide (CAS RN 53075-09-5) in form of an aqueous solution with a content of N,N,N-trimethyl-tricyclo[3.3.1.13,7]decan-1-aminium hydroxide by weight of 17,5 % or more but not more than 27,5 %

0 %

—

31.12.2023

ex 2924 19 00

75

(S)-4-((tert-Butoxycarbonyl)amino)-2-hydroxybutanoic acid (CAS RN 207305-60-0)

0 %

—

31.12.2023

ex 2924 29 70

67

N,N′-(2,5-Dichloro-1,4-phenylene)bis[3-oxobutyramide] (CAS RN 42487-09-2)

0 %

—

31.12.2023

ex 2924 29 70

70

N-[(benzyloxy)carbonyl]glycyl-N-[(2S)-1-{4-[(tert-butoxycarbonyl)oxy]phenyl}-3-hydroxypropan-2-yl]-L-alaninamide

0 %

—

31.12.2023

ex 2926 90 70

60

Cyfluthrin (ISO) (CAS RN 68359-37-5) or beta-cyfluthrin (ISO) (CAS RN 1820573-27-0) with a purity by weight of 95 % or more

0 %

—

31.12.2019

ex 2930 90 98

38

Allyl isothiocyanate (CAS RN 57-06-7)

0 %

—

31.12.2023

ex 2930 90 98

50

3-Mercaptopropionic acid (CAS RN 107-96-0)

0 %

—

31.12.2023

ex 2932 19 00

65

Tefuryltrione (ISO) (CAS RN 473278-76-1)

0 %

—

31.12.2023

ex 2932 20 90

75

3-Acetyl-6-methyl-2H-pyran-2, 4(3H)-dione (CAS RN 520-45-6)

0 %

—

31.12.2023

ex 2932 99 00

27

(2-Butyl-3-benzofuranyl)(4-hydroxy-3,5-diiodophenyl)methanone (CAS RN 1951-26-4)

0 %

—

31.12.2023

ex 2933 19 90

65

4-Bromo-1-(1-ethoxyethyl)-1H-pyrazole (CAS RN 1024120-52-2)

0 %

—

31.12.2023

ex 2933 39 99

56

2,5-Dichloro-4,6-dimethylnicotinonitrile (CAS RN 91591-63-8)

0 %

—

31.12.2023

ex 2933 39 99

59

Chlorpyrifos-Methyl (ISO) (CAS RN 5598-13-0)

0 %

—

31.12.2023

ex 2933 39 99

61

6-Bromopyridin-2-amine (CAS RN 19798-81-3)

0 %

—

31.12.2023

ex 2933 39 99

62

Ethyl 2,6-Dichloronicotinate (CAS RN 58584-86-4)

0 %

—

31.12.2023

ex 2933 39 99

64

Methyl 1-(3-chloropyridin-2-yl)-3-hydroxymethyl-1H-pyrazole-5-carboxylate (CAS RN 960316-73-8)

0 %

—

31.12.2023

ex 2933 39 99

68

1-(3-Chloropyridin-2-yl)-3-[[5-(trifluoromethyl)-2H-tetrazol-2-yl]methyl]-1H-pyrazole-5-carboxylic acid (CAS RN 1352319-02-8) with a purity by weight of 85 % or more

0 %

—

31.12.2023

ex 2933 49 90

80

Ethyl 6,7,8-trifluoro-1-[formyl(methyl)amino]-4-oxo-1,4-dihydroquinoline-3-carboxylate (CAS RN 100276-65-1)

0 %

—

31.12.2020

ex 2933 54 00

10

5,5′-(1,2-diazenediyl)bis [2,4,6 (1H, 3H, 5H)-pyrimidinetrione] (CAS RN 25157-64-6)

0 %

—

31.12.2023

ex 2933 59 95

63

1-(3-Chlorophenyl) piperazine (CAS RN 6640-24-0)

0 %

—

31.12.2023

ex 2933 69 80

27

Troclosene sodium dihydrate (INNM) (CAS RN 51580-86-0)

0 %

—

31.12.2023

ex 2933 99 80

58

Ipconazole (ISO) (CAS RN 125225-28-7) with a purity by weight of 90 % or more

0 %

—

31.12.2023

ex 2933 99 80

59

Hydrates of Hydroxybenzotriazole (CAS RN 80029-43-2 and CAS RN 123333-53-9)

0 %

—

31.12.2023

ex 2933 99 80

61

(1R,5S)-8-Benzyl-8-azabicyclo(3.2.1)octan-3-one hydrochloride (CAS RN 83393-23-1)

0 %

—

31.12.2023

ex 2933 99 80

63

L-Prolinamide (CAS RN 7531-52-4)

0 %

—

31.12.2023

ex 2933 99 80

68

5-((1S,2S)-2-((2R,6S,9S,11R,12R,14aS,15S,16S,20R,23S,25aR)-9-amino-20-((R)-3-amino-1-hydroxy-3-oxopropyl)-2,11,12,15-tetrahydroxy-6-((R)-1-hydroxyethyl)-16-methyl-5,8,14,19,22,25-hexaoxotetracosahydro-1H-dipyrrolo[2,1-c:2′,1′-l][1,4,7,10,13,16]hexaazacyclohenicosin-23-yl)-1,2-dihydroxyethyl)-2-hydroxyphenyl hydrogen sulphate (CAS RN 168110-44-9)

0 %

—

31.12.2023

ex 2934 99 90

78

[(3aS,5R,6S,6aS)-6-Hydroxy-2,2-dimethyltetrahydrofuro[2,3-d][1,3]dioxol-5-yl] (morpholino)methanone (CAS RN 1103738-19-7)

0 %

—

31.12.2023

ex 2934 99 90

80

2-(dimethylamino)-2-[(4-methylphenyl)methyl]-1-[4-(morpholin-4-yl)phenyl]butan-1-one (CAS RN 119344-86-4)

0 %

—

31.12.2023

ex 2935 90 90

33

4-Chloro-3-pyridinesulphonamide (CAS RN 33263-43-3)

0 %

—

31.12.2023

ex 2935 90 90

37

1,3-Dimethyl-1H-pyrazole-4-sulfonamide (CAS RN 88398-53-2)

0 %

—

31.12.2023

ex 2935 90 90

60

4-[(3-Methylphenyl)amino]pyridine-3-sulphonamide (CAS RN72811-73-5)

0 %

—

31.12.2023

ex 3204 17 00

31

Colourant C.I. Pigment Red 63:1 (CAS RN 6417-83-0) and preparations based thereon with a colourant C.I. Pigment Red 63:1 content of 70 % or more by weight

0 %

—

31.12.2023

ex 3205 00 00

20

Colourant C.I. Solvent Red 48 (CAS RN 13473-26-2) preparation, in a form of dry powder, containing by weight:

| — | 16 % or more but not more than 25 % of Colourant C.I. Solvent Red 48 (CAS RN 13473-26-2), |
| --- | --- |

—

16 % or more but not more than 25 % of Colourant C.I. Solvent Red 48 (CAS RN 13473-26-2),

| — | 65 % or more but no more than 75 % of aluminium hydroxide (CAS RN 21645-51-2) |
| --- | --- |

—

65 % or more but no more than 75 % of aluminium hydroxide (CAS RN 21645-51-2)

0 %

—

31.12.2023

ex 3205 00 00

30

Colourant C.I. Pigment Red 174 (CAS RN 15876-58-1) preparation, in a form of dry powder, containing by weight:

| — | 16 % or more but not more than 21 % of Colourant C.I. Pigment Red 174 (CAS RN 15876-58-1), |
| --- | --- |

—

16 % or more but not more than 21 % of Colourant C.I. Pigment Red 174 (CAS RN 15876-58-1),

| — | 65 % or more but no more than 69 % of aluminium hydroxide (CAS RN 21645-51-2) |
| --- | --- |

—

65 % or more but no more than 69 % of aluminium hydroxide (CAS RN 21645-51-2)

0 %

—

31.12.2023

ex 3208 90 19

55

Preparation of 5 % or more but not more than 20 % by weight of a copolymer of propylene and maleic anhydride, or a blend of polypropylene and a copolymer of propylene and maleic anhydride, or a blend of polypropylene and a copolymer of propylene, isobutene and maleic anhydride in an organic solvent

0 %

—

31.12.2020

ex 3506 91 90

10

Adhesive based on an aqueous dispersion of a mixture of dimerised rosin and a copolymer of ethylene and vinyl acetate (EVA)

0 %

—

31.12.2023

ex 3506 91 90

40

Acrylic pressure sensitive adhesive with a thickness of 0,076 mm or more but not more than 0,127 mm, put up in rolls of a width of 45,7 cm or more but not more than 132 cm supplied on a release liner with an initial peel adhesion release value of not less than 15 N/25 mm (measured according to ASTM D3330)

0 %

—

31.12.2019

ex 3506 91 90

50

Preparation containing by weight:

| — | 15 % or more but not more than 60 % of styrene butadiene copolymers or styrene isoprene copolymers, and |
| --- | --- |

—

15 % or more but not more than 60 % of styrene butadiene copolymers or styrene isoprene copolymers, and

| — | 10 % or more but not more than 30 % of pinene polymers or pentadiene copolymers, |
| --- | --- |

—

10 % or more but not more than 30 % of pinene polymers or pentadiene copolymers,

dissolved in:

| — | Methyl ethyl ketone (CAS RN 78-93-3), |
| --- | --- |

—

Methyl ethyl ketone (CAS RN 78-93-3),

| — | Heptane (CAS RN 142-82-5), and |
| --- | --- |

—

Heptane (CAS RN 142-82-5), and

| — | Toluene (CAS RN 108-88-3) or light aliphatic solvent naphtha (CAS RN 64742-89-8) |
| --- | --- |

—

Toluene (CAS RN 108-88-3) or light aliphatic solvent naphtha (CAS RN 64742-89-8)

0 %

—

31.12.2020

ex 3506 91 90

60

Temporary wafer-bonding adhesive material in the form of a suspension of a solid polymer in D-limonene (CAS RN 5989-27-5) with a polymeric content by weight of 25 % or more but not more than 35 %

0 %

l

31.12.2022

ex 3812 39 90

35

Mixture containing by weight:

| — | 25 % or more but not more than 55 % of a mixture of C15-18 tetramethylpiperidinyl esters (CAS RN 86403-32-9), |
| --- | --- |

—

25 % or more but not more than 55 % of a mixture of C15-18 tetramethylpiperidinyl esters (CAS RN 86403-32-9),

| — | not more than 20 % of other organic compounds, |
| --- | --- |

—

not more than 20 % of other organic compounds,

| — | on a carrier of polypropylene (CAS RN 9003-07-0) or amorphous silica (CAS RN 7631-86-9 or 112926-00-8) |
| --- | --- |

—

on a carrier of polypropylene (CAS RN 9003-07-0) or amorphous silica (CAS RN 7631-86-9 or 112926-00-8)

0 %

—

31.12.2023

ex 3815 12 00

20

Spherical catalyst consisting of a support of aluminium oxide coated with platinum, with

| — | a diameter of 1,4 mm or more but not more than 2,0 mm, and |
| --- | --- |

—

a diameter of 1,4 mm or more but not more than 2,0 mm, and

| — | a platinum content by weight of 0,2 % or more but not more than 0,5 % |
| --- | --- |

—

a platinum content by weight of 0,2 % or more but not more than 0,5 %

0 %

—

31.12.2023

ex 3815 12 00

30

Catalyst

| — | containing 0,3 gram per litre or more, but not more than 7 gram per litre of precious metals, |
| --- | --- |

—

containing 0,3 gram per litre or more, but not more than 7 gram per litre of precious metals,

| — | deposited on a ceramic honeycomb structure coated with aluminium oxide or cerium/zirconium oxide, the honeycomb structure having, |
| --- | --- |

—

deposited on a ceramic honeycomb structure coated with aluminium oxide or cerium/zirconium oxide, the honeycomb structure having,

| — | a nickel content of 1,26 % by weight or more, but not more than 1,29 % by weight, |
| --- | --- |

—

a nickel content of 1,26 % by weight or more, but not more than 1,29 % by weight,

| — | 62 cells per cm2 or more, but not more than 140 cells per cm2, |
| --- | --- |

—

62 cells per cm2 or more, but not more than 140 cells per cm2,

| — | a diameter of 100 mm or more, but not more than 120 mm, and |
| --- | --- |

—

a diameter of 100 mm or more, but not more than 120 mm, and

| — | a length of 60 mm or more, but not more than 150 mm, |
| --- | --- |

—

a length of 60 mm or more, but not more than 150 mm,

for use in the production of motor vehicles (1)

0 %

—

31.12.2023

ex 3815 90 90

43

Catalyst in powder form consisting by weight of

| — | 92,50 % (± 2) % titanium dioxide (CAS RN 13463-67-7), |
| --- | --- |

—

92,50 % (± 2) % titanium dioxide (CAS RN 13463-67-7),

| — | 5 % (± 1) % silicon dioxide (CAS RN 112926-00-8), and |
| --- | --- |

—

5 % (± 1) % silicon dioxide (CAS RN 112926-00-8), and

| — | 2,5 % (± 1,5) % sulphur trioxide (CAS RN 7446-11-9) |
| --- | --- |

—

2,5 % (± 1,5) % sulphur trioxide (CAS RN 7446-11-9)

0 %

—

31.12.2022

ex 3824 99 92

31

Liquid crystal mixtures for use in the manufacture of LCD (liquid crystal display) modules (1)

0 %

—

31.12.2023

ex 3824 99 92

37

Mixture of acetates of 3-butene-1,2-diol with a content by weight of 65 % or more of 3-butene-1,2-diol diacetate (CAS RN 18085-02-4)

0 %

—

31.12.2023

ex 3824 99 96

33

Buffer cartridge not exceeding 8000 ml containing:

| — | 0,05 % or more but not more than 0,1 % by weight of 5-Chloro-2-methyl-2,3-dihydroisothiazol-3-one (CAS RN 55965-84-9), and |
| --- | --- |

—

0,05 % or more but not more than 0,1 % by weight of 5-Chloro-2-methyl-2,3-dihydroisothiazol-3-one (CAS RN 55965-84-9), and

| — | 0,05 % or more but not more than 0,1 % by weight of 2-Methyl-2,3-dihydroisothiazol-3-one (CAS RN 2682-20-4) as a biostatic |
| --- | --- |

—

0,05 % or more but not more than 0,1 % by weight of 2-Methyl-2,3-dihydroisothiazol-3-one (CAS RN 2682-20-4) as a biostatic

0 %

—

31.12.2023

ex 3904 69 80

20

Copolymer of tetrafluoroethylene, heptafluoro-1-pentene and ethene (CAS RN 94228-79-2)

0 %

—

31.12.2023

ex 3904 69 80

30

Copolymer of tetrafluoroethylene, hexafluoropropene and ethene

0 %

—

31.12.2023

ex 3907 20 20

40

Copolymer of tetrahydrofuran and tetrahydro-3-methylfuran with a number average molecular weight (Mn) of 900 or more but not more than 3 600

0 %

—

31.12.2023

ex 3920 99 59

30

Poly(tetrafluoroethylene) film containing by weight 10 % or more of graphite

0 %

—

31.12.2023

ex 3921 19 00

40

Transparent, microporous, acrylic acid grafted polyethylene film, in the form of rolls, with:

| — | a width of 98 mm or more but not more than 170 mm, |
| --- | --- |

—

a width of 98 mm or more but not more than 170 mm,

| — | a thickness of 15 μm or more but not more than 36 μm, |
| --- | --- |

—

a thickness of 15 μm or more but not more than 36 μm,

of a kind used for the manufacture of alkaline battery separators

0 %

—

31.12.2019

ex 3926 30 00

40

Plastic internal door handle used in the manufacture of motor vehicles (1)

0 %

—

31.12.2023

ex 5402 44 00

10

Synthetic elastomeric filament yarn:

| — | untwisted or with a twist not exceeding 50 turns per metre, measuring 300 dtex or more but not more than 1 000 dtex, |
| --- | --- |

—

untwisted or with a twist not exceeding 50 turns per metre, measuring 300 dtex or more but not more than 1 000 dtex,

| — | composed of polyurethane ureas based on a copolyether glycol of tetrahydrofuran and 3-methyltetrahydrofuran, |
| --- | --- |

—

composed of polyurethane ureas based on a copolyether glycol of tetrahydrofuran and 3-methyltetrahydrofuran,

for use in the manufacture of disposable hygiene products of heading 9619  (1)

0 %

—

31.12.2023

ex 7006 00 90

40

Plates of sodalime glass of STN (Super Twisted Nematic) quality having:

| — | a length of 300 mm or more but not more than 600 mm, |
| --- | --- |

—

a length of 300 mm or more but not more than 600 mm,

| — | a width of 300 mm or more but not more than 600 mm, |
| --- | --- |

—

a width of 300 mm or more but not more than 600 mm,

| — | a thickness of 0,5 mm or more but not more than 1,1 mm, |
| --- | --- |

—

a thickness of 0,5 mm or more but not more than 1,1 mm,

| — | an indium-tin-oxide coating with a resistance of 80 Ohms or more, but not more than 160 Ohms on one side, |
| --- | --- |

—

an indium-tin-oxide coating with a resistance of 80 Ohms or more, but not more than 160 Ohms on one side,

| — | a multi layer anti-reflection-coating on the other side, and |
| --- | --- |

—

a multi layer anti-reflection-coating on the other side, and

| — | machined (chamfered) edges, |
| --- | --- |

—

machined (chamfered) edges,

of a kind used in the manufacture of LCD (liquid crystal display) modules

0 %

—

31.12.2023

ex 7019 40 00

ex 7019 52 00

70

30

E-fibre glass fabrics:

| — | having a weight of 20 g/m2 or more, but not more than 214 g/m2, |
| --- | --- |

—

having a weight of 20 g/m2 or more, but not more than 214 g/m2,

| — | impregnated with silane, |
| --- | --- |

—

impregnated with silane,

| — | in rolls, |
| --- | --- |

—

in rolls,

| — | having a humidity content by weight of 0,13 % or less, and |
| --- | --- |

—

having a humidity content by weight of 0,13 % or less, and

| — | having not more than 3 hollow fibres out of 100 000 fibres, |
| --- | --- |

—

having not more than 3 hollow fibres out of 100 000 fibres,

for the exclusive use in the manufacture of prepregs and copper clad laminates (1)

0 %

—

31.12.2021

ex 7019 52 00

40

Epoxy resin coated glass woven fabric containing by weight:

| — | 91 % or more but not more than 93 % of glass fibres, |
| --- | --- |

—

91 % or more but not more than 93 % of glass fibres,

| — | 7 % or more but not more than 9 % of epoxy resin |
| --- | --- |

—

7 % or more but not more than 9 % of epoxy resin

0 %

—

31.12.2023

ex 7410 11 00

ex 8507 90 80

ex 8545 90 90

10

60

30

Roll of laminate foil of graphite and copper, with:

| — | a width of 610 mm or more but not more than 620 mm, and |
| --- | --- |

—

a width of 610 mm or more but not more than 620 mm, and

| — | a diameter of 690 mm or more but not more than 710 mm, |
| --- | --- |

—

a diameter of 690 mm or more but not more than 710 mm,

for use in the manufacture of lithium-ion electric rechargeable batteries (1)

0 %

—

31.12.2019

ex 7607 20 90

10

Aluminium foil, in rolls:

| — | coated with polypropylene on one side and with polyamide on the other side with adhesive layers between, |
| --- | --- |

—

coated with polypropylene on one side and with polyamide on the other side with adhesive layers between,

| — | with a width of 200 mm or more, but not more than 400 mm, |
| --- | --- |

—

with a width of 200 mm or more, but not more than 400 mm,

| — | with a thickness of 0,138 mm or more, but not more than 0,168 mm, |
| --- | --- |

—

with a thickness of 0,138 mm or more, but not more than 0,168 mm,

for use in the manufacture of lithium-ion battery cell pouches (1)

0 %

—

31.12.2019

8104 11 00

Unwrought magnesium, containing at least 99,8 % by weight of magnesium

0 %

—

31.12.2023

ex 8108 20 00

40

Titanium alloy ingot,

| — | with a height of 17,8 cm or more, a length of 180 cm or more and a width of 48,3cm or more, |
| --- | --- |

—

with a height of 17,8 cm or more, a length of 180 cm or more and a width of 48,3cm or more,

| — | a weight of 680 kg or more, |
| --- | --- |

—

a weight of 680 kg or more,

containing alloy elements by weight of:

| — | 3 % or more but not more than 6 % of aluminium, |
| --- | --- |

—

3 % or more but not more than 6 % of aluminium,

| — | 2,5 % or more but not more than 5 % of tin, |
| --- | --- |

—

2,5 % or more but not more than 5 % of tin,

| — | 2,5 % or more but not more than 4,5 % of zirconium, |
| --- | --- |

—

2,5 % or more but not more than 4,5 % of zirconium,

| — | 0,2 % or more but not more than 1 % of niobium, |
| --- | --- |

—

0,2 % or more but not more than 1 % of niobium,

| — | 0,1 % or more but not more than 1 % of molybdenum, |
| --- | --- |

—

0,1 % or more but not more than 1 % of molybdenum,

| — | 0,1 % or more but not more than 0,5 % of silicon |
| --- | --- |

—

0,1 % or more but not more than 0,5 % of silicon

0 %

p/st

31.12.2020

ex 8108 20 00

60

Titanium alloy ingot,

| — | with a diameter of 63,5 cm or more and a length of 450 cm or more, |
| --- | --- |

—

with a diameter of 63,5 cm or more and a length of 450 cm or more,

| — | a weight of 6 350 kg or more, |
| --- | --- |

—

a weight of 6 350 kg or more,

containing alloy elements by weight of:

| — | 5,5 % or more but not more than 6,7 % of aluminium, |
| --- | --- |

—

5,5 % or more but not more than 6,7 % of aluminium,

| — | 3,7 % of more but not more than 4,9 % of vanadium |
| --- | --- |

—

3,7 % of more but not more than 4,9 % of vanadium

0 %

p/st

31.12.2020

ex 8301 20 00

10

Mechanical or electromechanical steering column lock:

| — | with a height of 10,5 cm (± 3 cm), |
| --- | --- |

—

with a height of 10,5 cm (± 3 cm),

| — | with a width of 6,5 cm (± 3 cm), |
| --- | --- |

—

with a width of 6,5 cm (± 3 cm),

| — | in a metal housing, |
| --- | --- |

—

in a metal housing,

| — | whether or not with a holder, |
| --- | --- |

—

whether or not with a holder,

for use in the manufacture of goods of Chapter 87 (1)

0 %

—

31.12.2023

ex 8302 30 00

10

Support bracket for an exhaust system:

| — | with a thickness of 0,7 mm or more but not more than 1,3 mm, |
| --- | --- |

—

with a thickness of 0,7 mm or more but not more than 1,3 mm,

| — | of stainless steel class 1.4310 and 1.4301 according to norm EN 10088, |
| --- | --- |

—

of stainless steel class 1.4310 and 1.4301 according to norm EN 10088,

| — | whether or not with mounting holes, |
| --- | --- |

—

whether or not with mounting holes,

for use in the manufacture of exhaust systems for automobiles (1)

0 %

—

31.12.2023

ex 8409 91 00

60

The air intake module for engine cylinders consisting of:

| — | a suction pipe, |
| --- | --- |

—

a suction pipe,

| — | a pressure sensor, |
| --- | --- |

—

a pressure sensor,

| — | an electric throttle, |
| --- | --- |

—

an electric throttle,

| — | hoses, |
| --- | --- |

—

hoses,

| — | brackets, |
| --- | --- |

—

brackets,

for use in the manufacture of goods of Chapter 87 (1)

0 %

—

31.12.2023

ex 8409 91 00

70

Inlet manifold, exclusively for use in the manufacture of the motor vehicles with:

| — | a width of 40 mm or more but not more than 70 mm, |
| --- | --- |

—

a width of 40 mm or more but not more than 70 mm,

| — | valves length of 250 mm or more but not more than 350 mm, |
| --- | --- |

—

valves length of 250 mm or more but not more than 350 mm,

| — | air volume of 5,2 litres, and |
| --- | --- |

—

air volume of 5,2 litres, and

| — | an electrical flow control system that provides maximum performance at more than 3 200  rpm (1) |
| --- | --- |

—

an electrical flow control system that provides maximum performance at more than 3 200  rpm (1)

0 %

—

31.12.2023

ex 8409 99 00

65

The exhaust gas recirculation assembly consisting of:

| — | a control unit, |
| --- | --- |

—

a control unit,

| — | an air throttle, |
| --- | --- |

—

an air throttle,

| — | an intake pipe, |
| --- | --- |

—

an intake pipe,

| — | an outlet hose, |
| --- | --- |

—

an outlet hose,

for use in the manufacture of diesel engines of motor vehicles (1)

0 %

—

31.12.2023

ex 8414 10 25

30

Tandem pump consisting of:

| — | an oil pump with displacement of 21,6 cc/rev (± 2 cc/rev) and working pressure 1,5 bar at 1 000  revolutions per minute, |
| --- | --- |

—

an oil pump with displacement of 21,6 cc/rev (± 2 cc/rev) and working pressure 1,5 bar at 1 000  revolutions per minute,

| — | vacuum pump with displacement of 120 cc/rev (± 12 cc/rev) and performance of – 666 mbar in 6 seconds at 750 revolutions per minute, |
| --- | --- |

—

vacuum pump with displacement of 120 cc/rev (± 12 cc/rev) and performance of – 666 mbar in 6 seconds at 750 revolutions per minute,

for use in the manufacture of engines of motor vehicles (1)

0 %

—

31.12.2023

ex 8414 10 89

30

Electric vacuum pump with:

| — | Controller Area Network (CAN bus), |
| --- | --- |

—

Controller Area Network (CAN bus),

| — | whether or not with a rubber hose, |
| --- | --- |

—

whether or not with a rubber hose,

| — | a connecting cable with connector, |
| --- | --- |

—

a connecting cable with connector,

| — | a mounting bracket, |
| --- | --- |

—

a mounting bracket,

for use in the manufacture of goods of Chapter 87 (1)

0 %

—

31.12.2023

ex 8414 30 89

30

Open shaft, scroll type compressor with clutch assembly, of a power of more than 0,4 kW, for air conditioning in vehicles, for use in the manufacture of motor vehicles of Chapter 87 (1)

0 %

—

31.12.2023

ex 8414 59 35

20

Radial fan, with:

| — | a dimension of 25 mm (height) × 85 mm (width) × 85 mm (depth), |
| --- | --- |

—

a dimension of 25 mm (height) × 85 mm (width) × 85 mm (depth),

| — | a weight of 120 g, |
| --- | --- |

—

a weight of 120 g,

| — | a rated voltage of 13,6 VDC (direct current voltage), |
| --- | --- |

—

a rated voltage of 13,6 VDC (direct current voltage),

| — | an operating voltage of 9 VDC or more but not more than 16 VDC (direct current voltage), |
| --- | --- |

—

an operating voltage of 9 VDC or more but not more than 16 VDC (direct current voltage),

| — | a rated current of 1,1 A (TYP), |
| --- | --- |

—

a rated current of 1,1 A (TYP),

| — | a rated power of 15 W, |
| --- | --- |

—

a rated power of 15 W,

| — | a rotation speed of 500 RPM (revolutions per minute) or more but not more than 4 800 RPM (revolutions per minute) (free flow), |
| --- | --- |

—

a rotation speed of 500 RPM (revolutions per minute) or more but not more than 4 800 RPM (revolutions per minute) (free flow),

| — | an air flow of not more than 17,5 litre/s, |
| --- | --- |

—

an air flow of not more than 17,5 litre/s,

| — | an air pressure of not more than16 mm H2O ≈ 157 Pa, |
| --- | --- |

—

an air pressure of not more than16 mm H2O ≈ 157 Pa,

0 %

—

31.12.2023

| — | an overall sound pressure of not more than 58 dB(A) at 4 800 RPM (revolutions per minute), and |
| --- | --- |

—

an overall sound pressure of not more than 58 dB(A) at 4 800 RPM (revolutions per minute), and

with a FIN (Fan Interconnect Network) interface for communication with the heating and air-conditioning control unit used in car seat ventilation systems

ex 8467 99 00

10

Mechanical switches for connecting electrical circuits, with:

| — | a voltage of 14,4 V or more but not more than 42 V, |
| --- | --- |

—

a voltage of 14,4 V or more but not more than 42 V,

| — | an amperage of 10 A or more but not more than 42 A, |
| --- | --- |

—

an amperage of 10 A or more but not more than 42 A,

for use in the manufacture of machines falling within heading 8467  (1)

0 %

p/st

31.12.2019

ex 8481 80 59

30

Two-way flow control valve with housing, with:

| — | at least 5, but not more than 10 outlet holes with at least 0,09 mm, but not more than 0,2 mm diameter, |
| --- | --- |

—

at least 5, but not more than 10 outlet holes with at least 0,09 mm, but not more than 0,2 mm diameter,

| — | at least 550 cm3/minute, but not more than 2 000  cm3/minute flow rate, |
| --- | --- |

—

at least 550 cm3/minute, but not more than 2 000  cm3/minute flow rate,

| — | at least 19, but not more than 300 MPa operating pressure |
| --- | --- |

—

at least 19, but not more than 300 MPa operating pressure

0 %

—

31.12.2022

ex 8481 80 59

40

Flow-control valve

| — | made of steel, |
| --- | --- |

—

made of steel,

| — | with an outlet hole with a diameter of at least 0,1 mm, but not more than 0,3 mm, |
| --- | --- |

—

with an outlet hole with a diameter of at least 0,1 mm, but not more than 0,3 mm,

| — | with an inlet hole with a diameter of at least 0,4 mm, but not more than 1,3 mm, |
| --- | --- |

—

with an inlet hole with a diameter of at least 0,4 mm, but not more than 1,3 mm,

| — | with chromium nitride coating, |
| --- | --- |

—

with chromium nitride coating,

| — | with a surface roughness of Rp 0,4 |
| --- | --- |

—

with a surface roughness of Rp 0,4

0 %

—

31.12.2022

ex 8481 80 59

50

Electromagnetic valve for quantity control with

| — | a plunger, |
| --- | --- |

—

a plunger,

| — | a solenoid with a of coil resistance of at least 2,6 Ohm, but not more than 3 Ohm |
| --- | --- |

—

a solenoid with a of coil resistance of at least 2,6 Ohm, but not more than 3 Ohm

0 %

—

31.12.2022

ex 8481 80 59

60

Electromagnetic valve for quantity control

| — | with a solenoid with a coil resistance of at least 0,19 Ohm, but not more than 0,66 Ohm, and with an inductance of not more than 1 mH |
| --- | --- |

—

with a solenoid with a coil resistance of at least 0,19 Ohm, but not more than 0,66 Ohm, and with an inductance of not more than 1 mH

0 %

—

31.12.2022

ex 8481 80 79

ex 8481 80 99

30

30

Service Valve which suits for R410A or R32 gas while connecting indoor and outdoor units with:

| — | a withstanding pressure of the valve body of 6,3 MPa, |
| --- | --- |

—

a withstanding pressure of the valve body of 6,3 MPa,

| — | a leakage ratio of less than 1,6 g/a, |
| --- | --- |

—

a leakage ratio of less than 1,6 g/a,

| — | an impurity ratio of less than 1,2 mg/PCS, |
| --- | --- |

—

an impurity ratio of less than 1,2 mg/PCS,

| — | an airtight pressure of the valve body of 4,2 MPa, |
| --- | --- |

—

an airtight pressure of the valve body of 4,2 MPa,

for use in the manufacture of air conditioners (1)

0 %

—

31.12.2023

ex 8484 20 00

20

Mechanical face sealing device made of two movable rings (one ceramic mating, having a thermal conductivity lower than 80W/Mk and the other carbon sliding), one spring and a nitrile sealant on the external side, of a kind used in manufacturing circulation pumps of cooling systems in motor vehicles

0 %

—

31.12.2023

ex 8501 10 10

30

Motors for air pumps, with:

| — | operating voltage of 9 VDC or more but not more than 24 VDC, |
| --- | --- |

—

operating voltage of 9 VDC or more but not more than 24 VDC,

| — | operating temperature range of – 40 °C or more but not more than 80 °C, |
| --- | --- |

—

operating temperature range of – 40 °C or more but not more than 80 °C,

| — | an output not exceeding 18 W, |
| --- | --- |

—

an output not exceeding 18 W,

for use in the manufacture of pneumatic support and ventilation systems for car seats (1)

0 %

—

31.12.2023

ex 8501 31 00

ex 8501 32 00

55

40

DC motor with or without commutator, with

| — | an external diameter of 24,2 mm or more, but not more than 140 mm, |
| --- | --- |

—

an external diameter of 24,2 mm or more, but not more than 140 mm,

| — | a rated speed of 3 300 rpm or more, but not more than 26 200 rpm, |
| --- | --- |

—

a rated speed of 3 300 rpm or more, but not more than 26 200 rpm,

| — | a rated supply voltage of 3,6 V or more, but not more than 230 V, |
| --- | --- |

—

a rated supply voltage of 3,6 V or more, but not more than 230 V,

| — | an output power of more than 37,5 W, but not more than 2 400 W, |
| --- | --- |

—

an output power of more than 37,5 W, but not more than 2 400 W,

| — | a free load current of not more than 20,1 A, |
| --- | --- |

—

a free load current of not more than 20,1 A,

| — | a maximum efficiency of 50 % or more, |
| --- | --- |

—

a maximum efficiency of 50 % or more,

for driving hand-held power tools or lawn mowers

0 %

—

31.12.2023

ex 8501 33 00

25

AC traction motor of an output of 75 kW or more but not more than 375 kW, with:

| — | a torque output of 200 Nm or more but not more than 400 Nm, |
| --- | --- |

—

a torque output of 200 Nm or more but not more than 400 Nm,

| — | a power output of 50 kW or more but not more than 200 kW, and |
| --- | --- |

—

a power output of 50 kW or more but not more than 200 kW, and

| — | a speed of not more than 15 000 rpm, |
| --- | --- |

—

a speed of not more than 15 000 rpm,

for use in the manufacture of electric vehicles (1)

0 %

—

31.12.2019

ex 8503 00 99

55

Stator for brushless motor, with:

| — | an internal diameter of 206,6 mm (± 0,5), |
| --- | --- |

—

an internal diameter of 206,6 mm (± 0,5),

| — | an external diameter of 265,0 mm (± 0,2), and |
| --- | --- |

—

an external diameter of 265,0 mm (± 0,2), and

| — | a width of 37,2 mm or more but not more than 47,8 mm, |
| --- | --- |

—

a width of 37,2 mm or more but not more than 47,8 mm,

of a kind used in the manufacture of washing machine, washer-dryer or dryer equipped with direct drive drums

0 %

p/st

31.12.2020

ex 8506 90 00

10

Cathode, in rolls, for air zinc button cell batteries (hearing aid batteries) (1)

0 %

—

31.12.2023

ex 8507 60 00

13

Prismatic lithium-ion electric accumulators with:

| — | a width of 173,0 mm (± 0,4 mm), |
| --- | --- |

—

a width of 173,0 mm (± 0,4 mm),

| — | a thickness of 45,0 mm (± 0,4 mm), |
| --- | --- |

—

a thickness of 45,0 mm (± 0,4 mm),

| — | a height 125,0 mm (± 0,3 mm), |
| --- | --- |

—

a height 125,0 mm (± 0,3 mm),

| — | a nominal voltage of 3,67 V (± 0,01 V), and |
| --- | --- |

—

a nominal voltage of 3,67 V (± 0,01 V), and

| — | a nominal capacity of 94 Ah and/or 120 Ah, |
| --- | --- |

—

a nominal capacity of 94 Ah and/or 120 Ah,

for use in the manufacture of rechargeable electric vehicle batteries (1)

0 %

—

31.12.2019

ex 8507 60 00

15

Cylindrical lithium-ion-accumulators or modules with:

| — | a nominal capacity of 8,8 Ah or more, but not more than 18 Ah, |
| --- | --- |

—

a nominal capacity of 8,8 Ah or more, but not more than 18 Ah,

| — | a nominal voltage of 36 V or more, but not more than 48 V, |
| --- | --- |

—

a nominal voltage of 36 V or more, but not more than 48 V,

| — | a power of 300 Wh or more, but not more than 648 Wh, |
| --- | --- |

—

a power of 300 Wh or more, but not more than 648 Wh,

for use in the manufacture of electric bicycles (1)

0 %

—

31.12.2019

ex 8507 60 00

18

Rectangular lithium-ion polymer accumulator equipped with a battery management system and can-bus interface with:

| — | a length of not more than 1 600 mm, |
| --- | --- |

—

a length of not more than 1 600 mm,

| — | a width of not more than 448 mm, |
| --- | --- |

—

a width of not more than 448 mm,

| — | a height of not more than 395 mm, |
| --- | --- |

—

a height of not more than 395 mm,

| — | a weight of 125 kg or more but not more than 135 kg, |
| --- | --- |

—

a weight of 125 kg or more but not more than 135 kg,

| — | a nominal voltage of 280 V or more but not more than 400 V, |
| --- | --- |

—

a nominal voltage of 280 V or more but not more than 400 V,

| — | a nominal capacity of 9,7 Ah or more but not more than 10,35 Ah, |
| --- | --- |

—

a nominal capacity of 9,7 Ah or more but not more than 10,35 Ah,

| — | a charging voltage of 110 V or more but not more than 230 V, and |
| --- | --- |

—

a charging voltage of 110 V or more but not more than 230 V, and

| — | containing 6 modules with 90 cells or more but not more than 96 cells enclosed in a steel casing, |
| --- | --- |

—

containing 6 modules with 90 cells or more but not more than 96 cells enclosed in a steel casing,

for use in the manufacture of vehicle capable of being charged by plugging to external source of electric power of heading 8703  (1)

0 %

—

31.12.2019

ex 8507 60 00

30

Cylindrical lithium-ion accumulator or module, with a length of 63 mm or more and a diameter of 17,2 mm or more, having a nominal capacity of 1 200  mAh or more, for use in the manufacture of rechargeable batteries (1)

0 %

—

31.12.2019

ex 8507 60 00

33

Lithium-ion accumulator, with:

| — | a length of 150 mm or more, but not more than 1 000 mm, |
| --- | --- |

—

a length of 150 mm or more, but not more than 1 000 mm,

| — | a width of 100 mm or more, but not more than 1 000 mm, |
| --- | --- |

—

a width of 100 mm or more, but not more than 1 000 mm,

| — | a height of 200 mm or more, but not more than 1 500 mm, |
| --- | --- |

—

a height of 200 mm or more, but not more than 1 500 mm,

| — | a weight of 75 kg or more, but not more than 200 kg, |
| --- | --- |

—

a weight of 75 kg or more, but not more than 200 kg,

| — | a nominal capacity not less than 150 Ah and not more than 500 Ah |
| --- | --- |

—

a nominal capacity not less than 150 Ah and not more than 500 Ah

0 %

—

31.12.2019

ex 8507 60 00

50

Modules for the assembly of batteries of ion lithium electric accumulators with:

| — | a length of 298 mm or more, but not more than 408 mm, |
| --- | --- |

—

a length of 298 mm or more, but not more than 408 mm,

| — | a width of 33,5 mm or more, but not more than 209 mm, |
| --- | --- |

—

a width of 33,5 mm or more, but not more than 209 mm,

| — | a height of 138 mm or more, but not more than 228 mm, |
| --- | --- |

—

a height of 138 mm or more, but not more than 228 mm,

| — | a weight of 3,6 kg or more, but not more than 17 kg, and |
| --- | --- |

—

a weight of 3,6 kg or more, but not more than 17 kg, and

| — | a power of 458 Wh or more, but not more than 2 158 Wh |
| --- | --- |

—

a power of 458 Wh or more, but not more than 2 158 Wh

0 %

—

31.12.2019

ex 8507 60 00

71

Lithium-ion rechargeable batteries, with:

| — | a length of 700 mm or more, but not more than 2 820 mm, |
| --- | --- |

—

a length of 700 mm or more, but not more than 2 820 mm,

| — | a width of 935 mm or more, but not more than 1 660 mm, |
| --- | --- |

—

a width of 935 mm or more, but not more than 1 660 mm,

| — | a height of 85 mm or more, but not more than 700 mm, |
| --- | --- |

—

a height of 85 mm or more, but not more than 700 mm,

| — | a weight of 250 kg or more, but not more than 700 kg, |
| --- | --- |

—

a weight of 250 kg or more, but not more than 700 kg,

| — | a power of not more than 175 kWh |
| --- | --- |

—

a power of not more than 175 kWh

0 %

—

31.12.2019

ex 8507 60 00

85

Lithium-ion Rectangular modules for incorporation in lithium-ion rechargeable batteries:

| — | of a length of 300 mm or more, but not more than 350 mm, |
| --- | --- |

—

of a length of 300 mm or more, but not more than 350 mm,

| — | of a width of 79,8 mm or more, but not more than 225 mm, |
| --- | --- |

—

of a width of 79,8 mm or more, but not more than 225 mm,

| — | of a height of 35 mm or more, but not more than 168 mm, |
| --- | --- |

—

of a height of 35 mm or more, but not more than 168 mm,

| — | of a weight of 3,95 kg or more, but not more than 8,85 kg, |
| --- | --- |

—

of a weight of 3,95 kg or more, but not more than 8,85 kg,

| — | with a rating of 66,6 Ah or more, but not more than 129 Ah |
| --- | --- |

—

with a rating of 66,6 Ah or more, but not more than 129 Ah

0 %

—

31.12.2019

ex 8507 90 30

20

Safety Reinforced Separator designed to separate cathode and anode in lithium-ion electric accumulators for use in the manufacture of lithium-ion electric accumulators for motor vehicle batteries (1)

0 %

—

31.12.2019

ex 8529 90 65

25

Printed circuit board assembly comprising:

| — | a radio tuner (capable of receiving and decoding radio signals and transmitting those signals within the assembly) without signal processing capabilities, |
| --- | --- |

—

a radio tuner (capable of receiving and decoding radio signals and transmitting those signals within the assembly) without signal processing capabilities,

| — | a microprocessor capable of receiving remote control messages and controlling the tuner chipset, |
| --- | --- |

—

a microprocessor capable of receiving remote control messages and controlling the tuner chipset,

for use in the manufacture of home entertainment systems (1)

0 %

p/st

31.12.2019

ex 8529 90 65

28

Electronic assembly comprising at least a printed circuit board with:

| — | processors for multi-media applications and video signal processing, |
| --- | --- |

—

processors for multi-media applications and video signal processing,

| — | FPGA (Field Programmable Gate Array), |
| --- | --- |

—

FPGA (Field Programmable Gate Array),

| — | Flash memory, |
| --- | --- |

—

Flash memory,

| — | operating memory, |
| --- | --- |

—

operating memory,

| — | USB-interface, |
| --- | --- |

—

USB-interface,

| — | with or without HDMI, VGA- and RJ-45 interfaces, |
| --- | --- |

—

with or without HDMI, VGA- and RJ-45 interfaces,

| — | sockets and plugs for connecting a LCD-display, a LED lighting and a control panel |
| --- | --- |

—

sockets and plugs for connecting a LCD-display, a LED lighting and a control panel

0 %

p/st

31.12.2020

ex 8529 90 65

40

Printed circuit board subassembly, comprising:

| — | a radio tuner, capable of receiving and decoding radio signals and transmitting those signals within the assembly, with a signal decoder, |
| --- | --- |

—

a radio tuner, capable of receiving and decoding radio signals and transmitting those signals within the assembly, with a signal decoder,

| — | a radio frequency (RF) remote control receiver, |
| --- | --- |

—

a radio frequency (RF) remote control receiver,

| — | an infrared remote control signal transmitter, |
| --- | --- |

—

an infrared remote control signal transmitter,

| — | a SCART signal generator, |
| --- | --- |

—

a SCART signal generator,

| — | a TV state sensor, |
| --- | --- |

—

a TV state sensor,

for use in the manufacture of home entertainment systems (1)

0 %

p/st

31.12.2019

ex 8529 90 92

52

LCD module, glass or plastic covered and optically bonded, with

| — | a diagonal measurement of the screen of 12 cm or more but not more than 31 cm, |
| --- | --- |

—

a diagonal measurement of the screen of 12 cm or more but not more than 31 cm,

| — | LED backlighting, |
| --- | --- |

—

LED backlighting,

| — | a printed circuit board with EEPROM (Electrically Erasable Programmable Read-Only Memory), microcontroller, timing controller and other active and passive components, |
| --- | --- |

—

a printed circuit board with EEPROM (Electrically Erasable Programmable Read-Only Memory), microcontroller, timing controller and other active and passive components,

| — | a plug for power supply and CAN (Controller Area Network) and LVDS (Low Voltage Differential Signalling) interfaces, |
| --- | --- |

—

a plug for power supply and CAN (Controller Area Network) and LVDS (Low Voltage Differential Signalling) interfaces,

| — | whether or not with electronic components to generate additional control indicators for vehicle information on the display, |
| --- | --- |

—

whether or not with electronic components to generate additional control indicators for vehicle information on the display,

0 %

—

31.12.2023

| — | with or without a touch screen, |
| --- | --- |

—

with or without a touch screen,

| — | without a signal processing module, |
| --- | --- |

—

without a signal processing module,

| — | in a housing with additional LED indicators for warning lights, |
| --- | --- |

—

in a housing with additional LED indicators for warning lights,

| — | with or without a gear shift indicator and a photo sensor, |
| --- | --- |

—

with or without a gear shift indicator and a photo sensor,

of a kind used as a driver information display in motor vehicles of Chapter 87 (1)

ex 8529 90 92

54

LCD display with:

| — | a touch panel, |
| --- | --- |

—

a touch panel,

| — | at least one printed circuit board for simple slave device pixel addressing (Timing Controller function) and touch control, with EEPROM (Electrically Erasable Programmable Read-Only Memory) for display settings, |
| --- | --- |

—

at least one printed circuit board for simple slave device pixel addressing (Timing Controller function) and touch control, with EEPROM (Electrically Erasable Programmable Read-Only Memory) for display settings,

| — | a diagonal screen measurement of 15 cm or more but not more than 21 cm, |
| --- | --- |

—

a diagonal screen measurement of 15 cm or more but not more than 21 cm,

| — | a backlight, |
| --- | --- |

—

a backlight,

| — | a LVDS (Low Voltage Differential Signalling) and a power supply connector, |
| --- | --- |

—

a LVDS (Low Voltage Differential Signalling) and a power supply connector,

for use in the manufacture of motor vehicles of Chapter 87 (1)

0 %

—

31.12.2023

ex 8529 90 92

57

Metal holder, metal fixing item or internal stiffener of metal, for use in the manufacture of televisions, monitors and video players (1)

0 %

p/st

31.12.2021

ex 8535 90 00

30

Semiconductor module switch in a casing:

| — | consisting of an IGBT transistor chip and a diode chip on one or more lead frames, |
| --- | --- |

—

consisting of an IGBT transistor chip and a diode chip on one or more lead frames,

| — | for a voltage of 600 V or 1 200 V |
| --- | --- |

—

for a voltage of 600 V or 1 200 V

0 %

p/st

31.12.2020

ex 8537 10 91

57

Programmable memory control board with:

| — | 4 or more stepper motor drivers, |
| --- | --- |

—

4 or more stepper motor drivers,

| — | 4 or more outputs with MOSFET transistors, |
| --- | --- |

—

4 or more outputs with MOSFET transistors,

| — | a main processor, |
| --- | --- |

—

a main processor,

| — | 3 or more inputs for temperature sensors, |
| --- | --- |

—

3 or more inputs for temperature sensors,

| — | for a voltage of 10 V or more but not more than 30 V, |
| --- | --- |

—

for a voltage of 10 V or more but not more than 30 V,

for use in the manufacture of 3D printers (1)

0 %

—

31.12.2023

ex 8537 10 91

59

Electronic control units for controlling inter axle torque transferring in all-wheel drive vehicles including:

| — | a printed circuit board with programmable memory controller, |
| --- | --- |

—

a printed circuit board with programmable memory controller,

| — | one single connector, and |
| --- | --- |

—

one single connector, and

| — | working at 12 V |
| --- | --- |

—

working at 12 V

0 %

—

31.12.2023

ex 8537 10 91

63

Electronic control units able to control automatic continuous variable transmission for passenger vehicles including:

| — | a printed circuit board with programmable memory controller, |
| --- | --- |

—

a printed circuit board with programmable memory controller,

| — | a metallic housing, |
| --- | --- |

—

a metallic housing,

| — | one single connector, |
| --- | --- |

—

one single connector,

| — | working at 12 V |
| --- | --- |

—

working at 12 V

0 %

—

31.12.2023

ex 8537 10 91

67

Electronic Engine Control Unit (ECU) with:

| — | a printed circuit board (PCB), |
| --- | --- |

—

a printed circuit board (PCB),

| — | 12 Volts voltage, |
| --- | --- |

—

12 Volts voltage,

| — | reprogrammable, |
| --- | --- |

—

reprogrammable,

| — | a micro-processor that can control, evaluate and manage support service functions in cars (injection and ignition advance values of fuel, fuel and air flow rate), |
| --- | --- |

—

a micro-processor that can control, evaluate and manage support service functions in cars (injection and ignition advance values of fuel, fuel and air flow rate),

for use in the manufacture of goods of Chapter 87 (1)

0 %

—

31.12.2023

ex 8708 40 20

ex 8708 40 50

60

50

Automatic transmission assembly with rotary gear shifter with:

| — | aluminium casting housing, |
| --- | --- |

—

aluminium casting housing,

| — | differential gear, |
| --- | --- |

—

differential gear,

| — | 9 Speed automatic, |
| --- | --- |

—

9 Speed automatic,

| — | electronic range select gear selection system, |
| --- | --- |

—

electronic range select gear selection system,

with dimensions of:

| — | a width of 330 mm or more but not more than 420 mm, |
| --- | --- |

—

a width of 330 mm or more but not more than 420 mm,

| — | a height of 380 mm or more but not more than 450 mm, |
| --- | --- |

—

a height of 380 mm or more but not more than 450 mm,

| — | a length of 580 mm or more but not more than 690 mm, |
| --- | --- |

—

a length of 580 mm or more but not more than 690 mm,

for use in the manufacture of the vehicles in heading 87  (1)

0 %

—

31.12.2023

ex 8708 50 20

ex 8708 50 99

ex 8708 99 10

ex 8708 99 97

60

15

45

65

Car transfer case with single input, dual output, to distribute torque between front and rear axles in an aluminium housing, with dimension of not more than 565 × 570 × 510 mm, comprising at least:

| — | an actuator, and |
| --- | --- |

—

an actuator, and

| — | an interior distribution by chain |
| --- | --- |

—

an interior distribution by chain

0 %

—

31.12.2019

ex 8708 50 20

ex 8708 50 99

65

20

Intermediate steel shaft connecting the gearbox with semi-axle with:

| — | a length of 300 mm or more but not more than 650 mm, |
| --- | --- |

—

a length of 300 mm or more but not more than 650 mm,

| — | a spline end on both sides, |
| --- | --- |

—

a spline end on both sides,

| — | whether or not with a pressed bearing in the case, |
| --- | --- |

—

whether or not with a pressed bearing in the case,

| — | whether or not with a holder, |
| --- | --- |

—

whether or not with a holder,

for use in the manufacture of goods of Chapter 87 (1)

0 %

—

31.12.2023

ex 8708 50 20

ex 8708 50 99

70

25

Housing of tripod type half shaft inboard joint for transmitting a torque from engine and transmission to wheels of motor vehicles with:

| — | an outer diameter of 67,0 mm or more but not more than 84,5 mm, |
| --- | --- |

—

an outer diameter of 67,0 mm or more but not more than 84,5 mm,

| — | 3 cold calibrated roller tracks with a diameter of 29,90 mm or more but not more than 36,60 mm, |
| --- | --- |

—

3 cold calibrated roller tracks with a diameter of 29,90 mm or more but not more than 36,60 mm,

| — | sealing diameter 34,0 mm or more but not more than 41,0 mm, without lead angle, |
| --- | --- |

—

sealing diameter 34,0 mm or more but not more than 41,0 mm, without lead angle,

| — | spline with 21 teeth or more but not more than 35, |
| --- | --- |

—

spline with 21 teeth or more but not more than 35,

| — | bearing seat diameter of 25,0 mm or more but not more than 30,0 mm, with or without oil grooves |
| --- | --- |

—

bearing seat diameter of 25,0 mm or more but not more than 30,0 mm, with or without oil grooves

0 %

—

31.12.2023

ex 8708 50 20

ex 8708 50 99

75

35

Outboard joint assembly for transmitting a torque from engine and transmission to wheels of motor vehicles, consisting of:

| — | an inner race with 6 ball tracks for running with the bearing balls with a diameter 15,0 mm or more but not more than 20,0 mm, |
| --- | --- |

—

an inner race with 6 ball tracks for running with the bearing balls with a diameter 15,0 mm or more but not more than 20,0 mm,

| — | an outer race with 6 ball tracks for running with 6 bearing balls, made of steel with carbon content of 0,45 % or more but not more than 0,58 %, with thread and with a spline with 26 teeth or more but not more than 38, |
| --- | --- |

—

an outer race with 6 ball tracks for running with 6 bearing balls, made of steel with carbon content of 0,45 % or more but not more than 0,58 %, with thread and with a spline with 26 teeth or more but not more than 38,

| — | a spherical cage keeping bearing balls in the ball tracks of outer race and inner race in proper angular position, made of material suitable for carburizing with carbon content of 0,14 % or more but not more than 0,25 %, and |
| --- | --- |

—

a spherical cage keeping bearing balls in the ball tracks of outer race and inner race in proper angular position, made of material suitable for carburizing with carbon content of 0,14 % or more but not more than 0,25 %, and

| — | with a grease compartment, |
| --- | --- |

—

with a grease compartment,

capable of working at constant speed at variable articulation angle not higher than 50 degrees

0 %

—

31.12.2023

ex 8708 80 99

20

Aluminium suspension link arm, with dimensions of:

| — | a height of 50 mm or more but not more than 150 mm, |
| --- | --- |

—

a height of 50 mm or more but not more than 150 mm,

| — | a width of 10 mm or more but not more than 100 mm, |
| --- | --- |

—

a width of 10 mm or more but not more than 100 mm,

| — | a length of 100 mm or more but not more than 600 mm, |
| --- | --- |

—

a length of 100 mm or more but not more than 600 mm,

| — | a mass of 1 000 g or more but not more than 3 000 g, |
| --- | --- |

—

a mass of 1 000 g or more but not more than 3 000 g,

equipped with at least two bushed holes made of aluminium alloy with the following characteristics:

| — | a tensile strength of 200 mPa or more, |
| --- | --- |

—

a tensile strength of 200 mPa or more,

| — | a strength of 19 kN or more, |
| --- | --- |

—

a strength of 19 kN or more,

| — | a stiffness of 5 kN/mm or more but not more than 9 kN/mm, |
| --- | --- |

—

a stiffness of 5 kN/mm or more but not more than 9 kN/mm,

| — | a frequency of 400 Hz or more but not more than 600 Hz |
| --- | --- |

—

a frequency of 400 Hz or more but not more than 600 Hz

0 %

—

31.12.2023

ex 8708 92 99

10

Exhaust system inner liner:

| — | with a wall thickness of 0,7 mm or more but not more than 1,3 mm, |
| --- | --- |

—

with a wall thickness of 0,7 mm or more but not more than 1,3 mm,

| — | made of stainless steel sheets or coil class 1.4310 and 1.4301 according to norm EN 10088, |
| --- | --- |

—

made of stainless steel sheets or coil class 1.4310 and 1.4301 according to norm EN 10088,

| — | whether or not with mounting holes, |
| --- | --- |

—

whether or not with mounting holes,

for use in the manufacture of exhaust systems for automobiles (1)

0 %

—

31.12.2023

ex 8708 92 99

20

Pipe for guiding exhaust gases from the combustion engine:

| — | with a diameter of 40 mm or more but not more than 100 mm, |
| --- | --- |

—

with a diameter of 40 mm or more but not more than 100 mm,

| — | with a length of 90 mm or more but not more than 410 mm, |
| --- | --- |

—

with a length of 90 mm or more but not more than 410 mm,

| — | with a wall thickness of 0,7 mm or more but not more than 1,3 mm, |
| --- | --- |

—

with a wall thickness of 0,7 mm or more but not more than 1,3 mm,

| — | of stainless steel, |
| --- | --- |

—

of stainless steel,

for use in the manufacture of exhaust systems for automobiles (1)

0 %

—

31.12.2023

ex 8708 92 99

30

Exhaust system end cover:

| — | with a wall thickness of 0,7 mm or more but not more than 1,3 mm, |
| --- | --- |

—

with a wall thickness of 0,7 mm or more but not more than 1,3 mm,

| — | made of stainless steel class 1.4310 and 1.4301 according to norm EN 10088, |
| --- | --- |

—

made of stainless steel class 1.4310 and 1.4301 according to norm EN 10088,

| — | whether or not with inner liner, |
| --- | --- |

—

whether or not with inner liner,

| — | whether or not with surface treatment, |
| --- | --- |

—

whether or not with surface treatment,

for use in the manufacture of exhaust systems for automobiles (1)

0 %

—

31.12.2023

ex 9001 90 00

55

Optical, diffuser, reflector or prism sheets, unprinted diffuser plates, whether or not possessing polarising properties, specifically cut

0 %

—

31.12.2023

ex 9002 11 00

15

Infrared lens with motorised focus adjustment,

| — | using wavelengths of 3 μm or more but not more than 5 μm, |
| --- | --- |

—

using wavelengths of 3 μm or more but not more than 5 μm,

| — | providing a clear picture from 50 m to infinity, |
| --- | --- |

—

providing a clear picture from 50 m to infinity,

| — | with fields of vision sizes of 3° × 2,25° and 9° × 6,75°, |
| --- | --- |

—

with fields of vision sizes of 3° × 2,25° and 9° × 6,75°,

| — | with a weight of not more than 230 g, |
| --- | --- |

—

with a weight of not more than 230 g,

| — | with a length of not more than 88 mm, |
| --- | --- |

—

with a length of not more than 88 mm,

| — | with a diameter of not more than 46 mm, |
| --- | --- |

—

with a diameter of not more than 46 mm,

| — | athermalized, |
| --- | --- |

—

athermalized,

for use in the manufacture of thermal imaging cameras, infrared binoculars, weapons scopes (1)

0 %

—

31.12.2020

ex 9002 11 00

18

Lens assembly consisting of a cylinder-shaped cover made of metal or plastic and optical elements with:

| — | a horizontal field of view range to a maximum of 120 deg, |
| --- | --- |

—

a horizontal field of view range to a maximum of 120 deg,

| — | a diagonal field of view range to a maximum of 92 deg, |
| --- | --- |

—

a diagonal field of view range to a maximum of 92 deg,

| — | a focal length to a maximum of 7,50 mm, |
| --- | --- |

—

a focal length to a maximum of 7,50 mm,

| — | a relative aperture of a maximum of F/2,90, |
| --- | --- |

—

a relative aperture of a maximum of F/2,90,

| — | a maximum diameter of 22 mm, |
| --- | --- |

—

a maximum diameter of 22 mm,

of a kind used for the production of CMOS (Complementary metal–oxide-semiconductor) automotive cameras

0 %

—

31.12.2023

ex 9002 11 00

25

Infrared optical unit composed of

| — | a monocrystalline silicon lens with a diameter of 84 mm (± 0,1 mm), and |
| --- | --- |

—

a monocrystalline silicon lens with a diameter of 84 mm (± 0,1 mm), and

| — | a monocrystalline germanium lens with a diameter of 62 mm (± 0,05 mm), |
| --- | --- |

—

a monocrystalline germanium lens with a diameter of 62 mm (± 0,05 mm),

assembled on a machined aluminium alloy support, of a kind used for thermal imaging cameras

0 %

—

31.12.2021

ex 9002 11 00

35

Infrared optical unit composed of

| — | a silicon lens with a diameter of 29 mm (± 0,05 mm), and |
| --- | --- |

—

a silicon lens with a diameter of 29 mm (± 0,05 mm), and

| — | a monocrystalline calcium fluoride lens with a diameter of 26 mm (± 0,05 mm), |
| --- | --- |

—

a monocrystalline calcium fluoride lens with a diameter of 26 mm (± 0,05 mm),

assembled on a machined aluminium alloy support, of kind a used for thermal imaging cameras

0 %

—

31.12.2021

ex 9002 11 00

45

Infrared optical unit

| — | with a silicon lens of a diameter of 62 mm (± 0,05 mm), |
| --- | --- |

—

with a silicon lens of a diameter of 62 mm (± 0,05 mm),

| — | mounted on a machined aluminium alloy support, |
| --- | --- |

—

mounted on a machined aluminium alloy support,

of a kind used for thermal cameras

0 %

—

31.12.2021

ex 9002 11 00

55

Infrared optical unit composed of

| — | a germanium lens with a diameter of 11 mm (± 0,05 mm), |
| --- | --- |

—

a germanium lens with a diameter of 11 mm (± 0,05 mm),

| — | a monocrystalline calcium fluoride lens with a diameter of 14 mm (± 0,05 mm), and |
| --- | --- |

—

a monocrystalline calcium fluoride lens with a diameter of 14 mm (± 0,05 mm), and

| — | a silicon lens with a diameter of 17 mm (± 0,05 mm), |
| --- | --- |

—

a silicon lens with a diameter of 17 mm (± 0,05 mm),

assembled on a machined aluminium alloy support, of a kind used for thermal imaging cameras

0 %

—

31.12.2021

ex 9002 11 00

65

Infrared optical unit

| — | with a silicon lens with a diameter of 26 mm (± 0,1 mm), |
| --- | --- |

—

with a silicon lens with a diameter of 26 mm (± 0,1 mm),

| — | mounted on a machined aluminium alloy support, |
| --- | --- |

—

mounted on a machined aluminium alloy support,

of a kind used for thermal imaging cameras

0 %

—

31.12.2021

ex 9002 11 00

75

Infrared optical unit composed of

| — | a germanium lens with a diameter of 19 mm (± 0,05 mm), |
| --- | --- |

—

a germanium lens with a diameter of 19 mm (± 0,05 mm),

| — | a monocrystalline calcium fluoride lens with a diameter of 18 mm (± 0,05 mm), |
| --- | --- |

—

a monocrystalline calcium fluoride lens with a diameter of 18 mm (± 0,05 mm),

| — | a germanium lens with a diameter of 20,6 mm (± 0,05 mm), |
| --- | --- |

—

a germanium lens with a diameter of 20,6 mm (± 0,05 mm),

assembled on a machined aluminium alloy support, of a kind used for thermal imaging cameras

0 %

—

31.12.2021

ex 9029 20 31

ex 9029 90 00

20

30

Clustered instrument panel with the microprocessor control board, with or without stepping motors, and LED indicators showing at least:

| — | speed, |
| --- | --- |

—

speed,

| — | engine revolutions, |
| --- | --- |

—

engine revolutions,

| — | engine temperature, |
| --- | --- |

—

engine temperature,

| — | the fuel level, |
| --- | --- |

—

the fuel level,

communicating via CAN-BUS and/or K-LINE protocols, of a kind used in the manufacture of goods of Chapter 87

0 %

p/st

31.12.2019

---

(1)  Suspension of duties is subject to end-use customs supervision in accordance with Article 254 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

---

| 20.6.2019 | EN | Official Journal of the European Union | L 163/56 |
| --- | --- | --- | --- |

20.6.2019

EN

Official Journal of the European Union

L 163/56

---

COMMISSION DELEGATED REGULATION (EU) 2019/1000

of 14 March 2019

amending Delegated Regulation (EU) 2017/1799 as regards the exemption of the People's Bank of China from the pre- and post-trade transparency requirements in Regulation (EU) No 600/2014 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 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (1), and in particular Article 1(9) thereof,

Whereas:

| (1) | Transactions where members of the European System of Central Banks (ESCB) are counterparties are exempt from the trade transparency requirements in accordance with Article 1(6) of Regulation (EU) No 600/2014 insofar as those transactions are in pursuit of monetary, foreign exchange or financial stability policy. |
| --- | --- |

(1)

Transactions where members of the European System of Central Banks (ESCB) are counterparties are exempt from the trade transparency requirements in accordance with Article 1(6) of Regulation (EU) No 600/2014 insofar as those transactions are in pursuit of monetary, foreign exchange or financial stability policy.

| (2) | Such an exemption from the scope of Regulation (EU) No 600/2014 may be extended, in accordance with Article 1(9) of that Regulation, to central banks of third countries as well as to the Bank for International Settlements. |
| --- | --- |

(2)

Such an exemption from the scope of Regulation (EU) No 600/2014 may be extended, in accordance with Article 1(9) of that Regulation, to central banks of third countries as well as to the Bank for International Settlements.

| (3) | The list of exempted central banks of third countries set out in Commission Delegated Regulation (EU) 2017/1799 (2) should be updated, including with a view to extend, where appropriate, the scope of the exemption laid down in Article 1(6) of Regulation (EU) No 600/2014 to other central banks of third countries, or to remove such public entities from the list. The Commission monitors and assesses relevant developments in third countries and may undertake a review of the additional exemption, at any time. |
| --- | --- |

(3)

The list of exempted central banks of third countries set out in Commission Delegated Regulation (EU) 2017/1799 (2) should be updated, including with a view to extend, where appropriate, the scope of the exemption laid down in Article 1(6) of Regulation (EU) No 600/2014 to other central banks of third countries, or to remove such public entities from the list. The Commission monitors and assesses relevant developments in third countries and may undertake a review of the additional exemption, at any time.

| (4) | In light of information received from the People's Republic of China, the Commission prepared and presented to the European Parliament and to the Council a report assessing the international treatment of the People's Bank of China. That report (3) concluded that it is appropriate to grant an exemption from pre- and post-trade transparency requirements in Regulation (EU) No 600/2014 to the central bank of the People's Republic of China. Accordingly, the list of exempted public entities set out in Delegated Regulation (EU) 2017/1799 should be amended to include the People's Bank of China. |
| --- | --- |

(4)

In light of information received from the People's Republic of China, the Commission prepared and presented to the European Parliament and to the Council a report assessing the international treatment of the People's Bank of China. That report (3) concluded that it is appropriate to grant an exemption from pre- and post-trade transparency requirements in Regulation (EU) No 600/2014 to the central bank of the People's Republic of China. Accordingly, the list of exempted public entities set out in Delegated Regulation (EU) 2017/1799 should be amended to include the People's Bank of China.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Expert Group of the European Securities Committee, |
| --- | --- |

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Expert Group of the European Securities Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Delegated Regulation (EU) 2017/1799 is replaced by the text in 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, 14 March 2019.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 173, 12.6.2014, p. 84.

1

(2)  Commission Delegated Regulation (EU) 2017/1799 of 12 June 2017 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council as regards the exemption of certain third countries central banks in their performance of monetary, foreign exchange and financial stability policies from pre- and post-trade transparency requirements (OJ L 259, 7.10.2017, p. 11).

2

(3)  Report from the Commission to the European Parliament and the Council on the exemption for the Central Bank of The People's Republic of China under the Markets in Financial Instruments Regulation (MiFIR) (COM(2019) 143 of 14.3.2019).

3

---

ANNEX

| 1. | Australia:






  — | Reserve Bank of Australia; |
| --- | --- | --- |

1.

Australia:

—

Reserve Bank of Australia;

| 2. | Brazil:






  — | Central Bank of Brazil; |
| --- | --- | --- |

2.

Brazil:

—

Central Bank of Brazil;

| 3. | Canada:






  — | Bank of Canada; |
| --- | --- | --- |

3.

Canada:

—

Bank of Canada;

| 4. | Hong Kong SAR:






  — | Hong Kong Monetary Authority; |
| --- | --- | --- |

4.

Hong Kong SAR:

—

Hong Kong Monetary Authority;

| 5. | India:






  — | Reserve Bank of India; |
| --- | --- | --- |

5.

India:

—

Reserve Bank of India;

| 6. | Japan:






  — | Bank of Japan; |
| --- | --- | --- |

6.

Japan:

—

Bank of Japan;

| 7. | Mexico:






  — | Bank of Mexico; |
| --- | --- | --- |

7.

Mexico:

—

Bank of Mexico;

| 8. | People's Republic of China:






  — | People's Bank of China |
| --- | --- | --- |

8.

People's Republic of China:

—

People's Bank of China

| 9. | Republic of Korea:






  — | Bank of Korea; |
| --- | --- | --- |

9.

Republic of Korea:

—

Bank of Korea;

| 10. | Singapore:






  — | Monetary Authority of Singapore; |
| --- | --- | --- |

10.

Singapore:

—

Monetary Authority of Singapore;

| 11. | Switzerland:






  — | Swiss National Bank; |
| --- | --- | --- |

11.

Switzerland:

—

Swiss National Bank;

| 12. | Turkey:






  — | Central Bank of the Republic of Turkey; |
| --- | --- | --- |

12.

Turkey:

—

Central Bank of the Republic of Turkey;

| 13. | United Kingdom:






  — | Bank of England |
| --- | --- | --- |

13.

United Kingdom:

—

Bank of England

| 14. | United States of America:






  — | Federal Reserve System; |
| --- | --- | --- |

14.

United States of America:

—

Federal Reserve System;

| 15. | Bank for International Settlements. |
| --- | --- |

15.

Bank for International Settlements.

---

DECISIONS

| 20.6.2019 | EN | Official Journal of the European Union | L 163/59 |
| --- | --- | --- | --- |

20.6.2019

EN

Official Journal of the European Union

L 163/59

---

COUNCIL DECISION (EU) 2019/1001

of 14 June 2019

abrogating Decision 2009/417/EC on the existence of an excessive deficit in Spain

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 126(12) thereof,

Having regard to the recommendation from the European Commission,

Whereas:

| (1) | On 27 April 2009, following a recommendation from the Commission, the Council decided, by means of Decision 2009/417/EC (1), in accordance with Article 126(6) of the Treaty on the Functioning of the European Union (TFEU), that an excessive deficit existed in Spain. The Council noted that the general government deficit for 2008 reported in the January 2009 stability programme was 3,4 % of gross domestic product (GDP), thus above the 3 %-of-GDP TFEU reference value. The general government gross debt was planned at 39,5 % of GDP in 2008, well below the 60 %-of-GDP reference value. |
| --- | --- |

(1)

On 27 April 2009, following a recommendation from the Commission, the Council decided, by means of Decision 2009/417/EC (1), in accordance with Article 126(6) of the Treaty on the Functioning of the European Union (TFEU), that an excessive deficit existed in Spain. The Council noted that the general government deficit for 2008 reported in the January 2009 stability programme was 3,4 % of gross domestic product (GDP), thus above the 3 %-of-GDP TFEU reference value. The general government gross debt was planned at 39,5 % of GDP in 2008, well below the 60 %-of-GDP reference value.

| (2) | On 27 April 2009, in accordance with Article 126(7) TFEU and Article 3(4) of Regulation (EC) No 1467/97 (2), the Council, based on a recommendation from the Commission, issued a recommendation to Spain with a view to bringing the excessive deficit situation to an end by 2012 at the latest. |
| --- | --- |

(2)

On 27 April 2009, in accordance with Article 126(7) TFEU and Article 3(4) of Regulation (EC) No 1467/97 (2), the Council, based on a recommendation from the Commission, issued a recommendation to Spain with a view to bringing the excessive deficit situation to an end by 2012 at the latest.

| (3) | On 2 December 2009, 10 July 2012 and 21 June 2013 the Council addressed three new recommendations to Spain on the basis of Article 126(7) TFEU, extending the deadline for correcting the excessive deficit to 2013, 2014 and 2016 respectively. In all three recommendations, the Council considered that Spain had taken effective action, but that unexpected adverse economic events with major unfavourable consequences for government finances had occurred. |
| --- | --- |

(3)

On 2 December 2009, 10 July 2012 and 21 June 2013 the Council addressed three new recommendations to Spain on the basis of Article 126(7) TFEU, extending the deadline for correcting the excessive deficit to 2013, 2014 and 2016 respectively. In all three recommendations, the Council considered that Spain had taken effective action, but that unexpected adverse economic events with major unfavourable consequences for government finances had occurred.

| (4) | On 12 July 2016 the Council, under Article 126(8) TFEU, established that no effective action had been taken by Spain in response to the Council recommendation of 21 June 2013. On 8 August 2016 the Council, on the basis of Article 126(9) TFEU, adopted Decision (EU) 2017/984 (3), giving notice to Spain to take measures for the deficit reduction judged necessary in order to remedy the situation of excessive deficit and setting a new deadline of 2018 for the correction. The Council also set a deadline of 15 October 2016 for effective action to be taken and for a report to be submitted to the Council and the Commission on action taken in response to the Council notice. |
| --- | --- |

(4)

On 12 July 2016 the Council, under Article 126(8) TFEU, established that no effective action had been taken by Spain in response to the Council recommendation of 21 June 2013. On 8 August 2016 the Council, on the basis of Article 126(9) TFEU, adopted Decision (EU) 2017/984 (3), giving notice to Spain to take measures for the deficit reduction judged necessary in order to remedy the situation of excessive deficit and setting a new deadline of 2018 for the correction. The Council also set a deadline of 15 October 2016 for effective action to be taken and for a report to be submitted to the Council and the Commission on action taken in response to the Council notice.

| (5) | On 16 November 2016 the Commission concluded that Spain had taken effective action under Article 126(9) TFEU, in compliance with Decision (EU) 2017/984. |
| --- | --- |

(5)

On 16 November 2016 the Commission concluded that Spain had taken effective action under Article 126(9) TFEU, in compliance with Decision (EU) 2017/984.

| (6) | In accordance with Article 4 of Protocol No 12 on the excessive deficit procedure, annexed to the Treaty on European Union and the TFEU, the Commission provides the data for the implementation of the excessive deficit procedure. As part of the application of that Protocol, Member States are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 3 of Regulation (EC) No 479/2009 (4). |
| --- | --- |

(6)

In accordance with Article 4 of Protocol No 12 on the excessive deficit procedure, annexed to the Treaty on European Union and the TFEU, the Commission provides the data for the implementation of the excessive deficit procedure. As part of the application of that Protocol, Member States are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 3 of Regulation (EC) No 479/2009 (4).

| (7) | The Council takes a decision to abrogate a decision on the existence of an excessive deficit on the basis of notified data. Moreover, a decision on the existence of an excessive deficit should be abrogated only if the Commission forecasts indicate that the deficit will not exceed the 3 %-of-GDP TFEU reference value over the forecast horizon. |
| --- | --- |

(7)

The Council takes a decision to abrogate a decision on the existence of an excessive deficit on the basis of notified data. Moreover, a decision on the existence of an excessive deficit should be abrogated only if the Commission forecasts indicate that the deficit will not exceed the 3 %-of-GDP TFEU reference value over the forecast horizon.

| (8) | Based on data provided by the Commission (Eurostat) in accordance with Article 14 of Regulation (EC) No 479/2009, following the April 2019 notification by Spain, the 2019 Stability Programme and the Commission 2019 spring forecast, the following conclusions are warranted:






  — | After reaching 3,1 % of GDP in 2017, the general government deficit was reduced to 2,5 % of GDP in 2018. Compared with the projections in the 2019 draft budgetary plan submitted in October 2018, the 2018 deficit was 0,2 percentage points lower, due to a 0,3-percentage-point higher revenue-to-GDP ratio being only partly offset by a 0,1-percentage-point higher expenditure ratio. On the revenue side, both corporate income tax revenues and other revenues were higher than projected; whereas, on the expenditure side, compensation of employees was somewhat higher. |
| --- | --- | --- |

(8)

Based on data provided by the Commission (Eurostat) in accordance with Article 14 of Regulation (EC) No 479/2009, following the April 2019 notification by Spain, the 2019 Stability Programme and the Commission 2019 spring forecast, the following conclusions are warranted:

—

After reaching 3,1 % of GDP in 2017, the general government deficit was reduced to 2,5 % of GDP in 2018. Compared with the projections in the 2019 draft budgetary plan submitted in October 2018, the 2018 deficit was 0,2 percentage points lower, due to a 0,3-percentage-point higher revenue-to-GDP ratio being only partly offset by a 0,1-percentage-point higher expenditure ratio. On the revenue side, both corporate income tax revenues and other revenues were higher than projected; whereas, on the expenditure side, compensation of employees was somewhat higher.

| — | The Stability Programme for 2019–2022, submitted by the Spanish government on 30 April 2019, plans for the general government deficit to decline to 2 % of GDP in 2019 and to fall to 1,1 % of GDP in 2020. The Commission 2019 spring forecast projects a deficit of 2,3 % of GDP in 2019 and 2 % of GDP in 2020, thus remaining below the 3 %-of-GDP TFEU reference value over the forecast horizon. |
| --- | --- |

—

The Stability Programme for 2019–2022, submitted by the Spanish government on 30 April 2019, plans for the general government deficit to decline to 2 % of GDP in 2019 and to fall to 1,1 % of GDP in 2020. The Commission 2019 spring forecast projects a deficit of 2,3 % of GDP in 2019 and 2 % of GDP in 2020, thus remaining below the 3 %-of-GDP TFEU reference value over the forecast horizon.

| — | The structural balance, which is the general government balance adjusted for the economic cycle and net of one-off and other temporary measures, remained unchanged between 2017 and 2018, based on the Commission 2019 spring forecast. The accumulated improvement in the structural balance since 2016 amounted to 0,4 % of GDP. |
| --- | --- |

—

The structural balance, which is the general government balance adjusted for the economic cycle and net of one-off and other temporary measures, remained unchanged between 2017 and 2018, based on the Commission 2019 spring forecast. The accumulated improvement in the structural balance since 2016 amounted to 0,4 % of GDP.

| — | The gross government debt-to-GDP ratio decreased to 97,1 % in 2018, from 98,1 % in 2017, mainly due to the debt-reducing impact of real growth and inflation more than offsetting the opposite impact of interest expenditure, while the primary balance is close to zero. The Commission 2019 spring forecast projects that the debt ratio will decrease to 96,3 % in 2019 and 95,7 % in 2020, mainly due to high nominal growth that outweighs the impact of debt-increasing stock-flow adjustments and interest expenditure, while the primary balance is improving only slightly. |
| --- | --- |

—

The gross government debt-to-GDP ratio decreased to 97,1 % in 2018, from 98,1 % in 2017, mainly due to the debt-reducing impact of real growth and inflation more than offsetting the opposite impact of interest expenditure, while the primary balance is close to zero. The Commission 2019 spring forecast projects that the debt ratio will decrease to 96,3 % in 2019 and 95,7 % in 2020, mainly due to high nominal growth that outweighs the impact of debt-increasing stock-flow adjustments and interest expenditure, while the primary balance is improving only slightly.

| (9) | In accordance with Article 126(12) TFEU, a Council decision on the existence of an excessive deficit is to be abrogated when the excessive deficit in the Member State concerned has, in the view of the Council, been corrected. |
| --- | --- |

(9)

In accordance with Article 126(12) TFEU, a Council decision on the existence of an excessive deficit is to be abrogated when the excessive deficit in the Member State concerned has, in the view of the Council, been corrected.

| (10) | In the view of the Council, the excessive deficit in Spain has been corrected and Decision 2009/417/EC should therefore be abrogated. |
| --- | --- |

(10)

In the view of the Council, the excessive deficit in Spain has been corrected and Decision 2009/417/EC should therefore be abrogated.

| (11) | As from 2019, the year following the correction of the excessive deficit, Spain is subject to the preventive arm of the Stability and Growth Pact and should progress towards its medium-term budgetary objective at an appropriate pace, including respecting the expenditure benchmark, and comply with the debt criterion in accordance with Article 2(1a) of Regulation (EC) No 1467/97, |
| --- | --- |

(11)

As from 2019, the year following the correction of the excessive deficit, Spain is subject to the preventive arm of the Stability and Growth Pact and should progress towards its medium-term budgetary objective at an appropriate pace, including respecting the expenditure benchmark, and comply with the debt criterion in accordance with Article 2(1a) of Regulation (EC) No 1467/97,

HAS ADOPTED THIS DECISION:

Article 1

From an overall assessment it follows that the excessive deficit situation in Spain has been corrected.

Article 2

Decision 2009/417/EC is hereby abrogated.

Article 3

This Decision is addressed to the Kingdom of Spain.

Done at Luxembourg, 14 June 2019.

For the Council

The President

E.O. TEODOROVICI

---

(1)  Council Decision 2009/417/EC of 27 April 2009 on the existence of an excessive deficit in Spain (OJ L 135, 30.5.2009, p. 25).

1

(2)  Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (OJ L 209, 2.8.1997, p. 6).

2

(3)  Council Decision (EU) 2017/984 of 8 August 2016 giving notice to Spain to take measures for the deficit reduction judged necessary in order to remedy the situation of excessive deficit (OJ L 148, 10.6.2017, p. 38).

3

(4)  Council Regulation (EC) No 479/2009 of 25 May 2009 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (OJ L 145, 10.6.2009, p. 1).

4

---

| 20.6.2019 | EN | Official Journal of the European Union | L 163/62 |
| --- | --- | --- | --- |

20.6.2019

EN

Official Journal of the European Union

L 163/62

---

COUNCIL DECISION (EU) 2019/1002

of 14 June 2019

establishing that no effective action has been taken by Romania in response to the Council Recommendation of 4 December 2018

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular the fourth subparagraph of Article 10(2) thereof,

Having regard to the recommendation from the European Commission,

Whereas:

| (1) | In June 2017 and June 2018 the Council found in accordance with Article 121(4) of the Treaty that in 2016 and 2017, respectively, there had been a significant observed deviation from Romania's medium-term budgetary objective or from the adjustment path towards it. In view of those established significant deviations, the Council issued Recommendations of 16 June 2017 (2) and 22 June 2018 (3), recommending that Romania take the policy measures necessary to address those deviations. |
| --- | --- |

(1)

In June 2017 and June 2018 the Council found in accordance with Article 121(4) of the Treaty that in 2016 and 2017, respectively, there had been a significant observed deviation from Romania's medium-term budgetary objective or from the adjustment path towards it. In view of those established significant deviations, the Council issued Recommendations of 16 June 2017 (2) and 22 June 2018 (3), recommending that Romania take the policy measures necessary to address those deviations.

| (2) | On 4 December 2018 the Council, by means of Decision (EU) 2018/2020 (4), concluded that Romania had not taken effective action in response to its Recommendation of 22 June 2018. On that basis, on 4 December 2018 the Council issued a revised Recommendation (5) for Romania to take the necessary measures to ensure that the nominal growth rate of net primary government expenditure does not exceed 4,5 % in 2019, corresponding to an annual structural adjustment of 1 % of gross domestic product (GDP). It also recommended that Romania use any windfall gains for deficit reduction, and stated that budgetary consolidation measures should secure a lasting improvement in the general government structural balance in a growth-friendly manner. The Council established a deadline of 15 April 2019 for Romania to report on the action taken in response to the Recommendation of 4 December 2018. |
| --- | --- |

(2)

On 4 December 2018 the Council, by means of Decision (EU) 2018/2020 (4), concluded that Romania had not taken effective action in response to its Recommendation of 22 June 2018. On that basis, on 4 December 2018 the Council issued a revised Recommendation (5) for Romania to take the necessary measures to ensure that the nominal growth rate of net primary government expenditure does not exceed 4,5 % in 2019, corresponding to an annual structural adjustment of 1 % of gross domestic product (GDP). It also recommended that Romania use any windfall gains for deficit reduction, and stated that budgetary consolidation measures should secure a lasting improvement in the general government structural balance in a growth-friendly manner. The Council established a deadline of 15 April 2019 for Romania to report on the action taken in response to the Recommendation of 4 December 2018.

| (3) | On 14 and 15 March 2019 the Commission undertook an enhanced surveillance mission to Romania for the purpose of on-site monitoring under Article -11(2) of Regulation (EC) No 1466/97. After having transmitted its provisional findings to the Romanian authorities for comments, on 5 June 2019 the Commission reported its findings to the Council. Those findings were subsequently made public. The Commission report finds that the Romanian authorities do not intend to act upon the Council Recommendation of 4 December 2018. The authorities confirmed to the Commission that the government has no intention of complying with the recommended structural adjustment. They continue to focus on maintaining the headline deficit below the 3 %-of-GDP Treaty threshold, thus aiming to avoid the corrective arm of the Stability and Growth Pact. The 2019 budget includes an accrual deficit target of 2,8 % of GDP. According to the government's own estimates at the time of the mission, that headline would entail a structural adjustment of around 0,1 % compared to 2018, significantly short of the Council Recommendation. |
| --- | --- |

(3)

On 14 and 15 March 2019 the Commission undertook an enhanced surveillance mission to Romania for the purpose of on-site monitoring under Article -11(2) of Regulation (EC) No 1466/97. After having transmitted its provisional findings to the Romanian authorities for comments, on 5 June 2019 the Commission reported its findings to the Council. Those findings were subsequently made public. The Commission report finds that the Romanian authorities do not intend to act upon the Council Recommendation of 4 December 2018. The authorities confirmed to the Commission that the government has no intention of complying with the recommended structural adjustment. They continue to focus on maintaining the headline deficit below the 3 %-of-GDP Treaty threshold, thus aiming to avoid the corrective arm of the Stability and Growth Pact. The 2019 budget includes an accrual deficit target of 2,8 % of GDP. According to the government's own estimates at the time of the mission, that headline would entail a structural adjustment of around 0,1 % compared to 2018, significantly short of the Council Recommendation.

| (4) | On 20 April 2018, after the deadline established by the Council, the Romanian authorities submitted a report on action taken in response to the Council Recommendation of 4 December 2018. In the report, the authorities reiterated that their targets for 2019 are a headline deficit of 2,8 % of GDP and only a marginal decrease in the structural deficit. The fiscal impact of the reported measures falls significantly short of the requirement stated in the Recommendation of 4 December 2018. |
| --- | --- |

(4)

On 20 April 2018, after the deadline established by the Council, the Romanian authorities submitted a report on action taken in response to the Council Recommendation of 4 December 2018. In the report, the authorities reiterated that their targets for 2019 are a headline deficit of 2,8 % of GDP and only a marginal decrease in the structural deficit. The fiscal impact of the reported measures falls significantly short of the requirement stated in the Recommendation of 4 December 2018.

| (5) | In 2019, based on the Commission spring 2019 forecast, the growth of net primary government expenditure is set to amount to 11,6 %, well above the expenditure benchmark of 4,5 %. The structural balance is set to deteriorate by 0,7 % of GDP in 2019, reaching a deficit of 3,6 % of GDP. This is the opposite of the recommended structural improvement of 1 % of GDP relative to 2018. Therefore, both indicators point to a deviation from the recommended adjustment. The expenditure benchmark points to a deviation of 2,1 % of GDP. The structural balance confirms that reading, indicating a somewhat smaller deviation of 1,7 % of GDP. The size of the deviation indicated by the structural balance is smaller because of a revenue windfall and a higher GDP deflator. Taking those factors into account, the overall assessment confirms a deviation from the recommended adjustment. |
| --- | --- |

(5)

In 2019, based on the Commission spring 2019 forecast, the growth of net primary government expenditure is set to amount to 11,6 %, well above the expenditure benchmark of 4,5 %. The structural balance is set to deteriorate by 0,7 % of GDP in 2019, reaching a deficit of 3,6 % of GDP. This is the opposite of the recommended structural improvement of 1 % of GDP relative to 2018. Therefore, both indicators point to a deviation from the recommended adjustment. The expenditure benchmark points to a deviation of 2,1 % of GDP. The structural balance confirms that reading, indicating a somewhat smaller deviation of 1,7 % of GDP. The size of the deviation indicated by the structural balance is smaller because of a revenue windfall and a higher GDP deflator. Taking those factors into account, the overall assessment confirms a deviation from the recommended adjustment.

| (6) | The projected increase in the deficit compared to 2018 is largely driven, as in previous years, by increasing expenditure on the compensation of public employees. Since the Commission autumn 2018 forecast, which was the basis for the Council Recommendation of 4 December 2018, the authorities have enacted new taxes on the telecommunication, energy and banking sectors. However, the authorites granted tax cuts in the construction sector and increased some social benefits. |
| --- | --- |

(6)

The projected increase in the deficit compared to 2018 is largely driven, as in previous years, by increasing expenditure on the compensation of public employees. Since the Commission autumn 2018 forecast, which was the basis for the Council Recommendation of 4 December 2018, the authorities have enacted new taxes on the telecommunication, energy and banking sectors. However, the authorites granted tax cuts in the construction sector and increased some social benefits.

| (7) | This leads to the conclusion that Romania's response to the Council Recommendation of 4 December 2018 has been insufficient. The fiscal effort falls significantly short of the annual structural adjustment of 1 % of GDP for 2019, corresponding to a nominal growth rate of net primary government expenditure that does not exceed 4,5 % in 2019, |
| --- | --- |

(7)

This leads to the conclusion that Romania's response to the Council Recommendation of 4 December 2018 has been insufficient. The fiscal effort falls significantly short of the annual structural adjustment of 1 % of GDP for 2019, corresponding to a nominal growth rate of net primary government expenditure that does not exceed 4,5 % in 2019,

HAS ADOPTED THIS DECISION:

Article 1

Romania has not taken effective action in response to the Council Recommendation of 4 December 2018.

Article 2

This Decision is addressed to Romania.

Done at Luxembourg, 14 June 2019.

For the Council

The President

E.O. TEODOROVICI

---

(1)  
  OJ L 209, 2.8.1997, p. 1.

1

(2)  Council Recommendation of 16 June 2017 with a view to correcting the significant observed deviation from the adjustment path toward the medium-term budgetary objective in Romania (OJ C 216, 6.7.2017, p. 1).

2

(3)  Council Recommendation of 22 June 2018 with a view to correcting the significant observed deviation from the adjustment path toward the medium-term budgetary objective in Romania (OJ C 223, 27.6.2018, p. 3).

3

(4)  Council Decision (EU) 2018/2020 of 4 December 2018 establishing that no effective action has been taken by Romania in response to the Council Recommendation of 22 June 2018 (OJ L 323, 19.12.2018, p. 16).

4

(5)  Council Recommendation of 4 December 2018 with a view to correcting the significant observed deviation from the adjustment path toward the medium-term budgetary objective in Romania (OJ C 460, 21.12.2018, p. 1).

5

---

| 20.6.2019 | EN | Official Journal of the European Union | L 163/64 |
| --- | --- | --- | --- |

20.6.2019

EN

Official Journal of the European Union

L 163/64

---

COUNCIL DECISION (EU) 2019/1003

of 14 June 2019

establishing that no effective action has been taken by Hungary in response to the Council Recommendation of 4 December 2018

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular the fourth subparagraph of Article 10(2) thereof,

Having regard to the recommendation from the European Commission,

Whereas:

| (1) | On 22 June 2018 the Council found in accordance with Article 121(4) of the Treaty that a significant observed deviation from the adjustment path toward the medium-term budgetary objective of -1,5 % of gross domestic product (GDP) existed in Hungary. In view of that established significant deviation, on 22 June 2018 the Council issued a Recommendation (2), recommending that Hungary take the necessary measures to ensure that the nominal growth rate of net primary government expenditure (3) did not exceed 2,8 % in 2018, corresponding to an annual structural adjustment of 1 % of GDP. |
| --- | --- |

(1)

On 22 June 2018 the Council found in accordance with Article 121(4) of the Treaty that a significant observed deviation from the adjustment path toward the medium-term budgetary objective of -1,5 % of gross domestic product (GDP) existed in Hungary. In view of that established significant deviation, on 22 June 2018 the Council issued a Recommendation (2), recommending that Hungary take the necessary measures to ensure that the nominal growth rate of net primary government expenditure (3) did not exceed 2,8 % in 2018, corresponding to an annual structural adjustment of 1 % of GDP.

| (2) | On 4 December 2018 the Council concluded that Hungary had not taken effective action in response to its Recommendation of 22 June 2018. On that basis, on 4 December 2018 the Council issued a revised Recommendation (4) for Hungary to take the necessary measures to ensure that the nominal growth rate of net primary government expenditure does not exceed 3,3 % in 2019, corresponding to an annual structural adjustment of 1 % of GDP. It also recommended that Hungary use any windfall gains for deficit reduction, and stated that budgetary consolidation measures should ensure a lasting improvement in the general government structural balance in a growth-friendly manner. The Council established a deadline of 15 April 2019 for Hungary to report on the action taken in response to the Recommendation of 4 December 2018. |
| --- | --- |

(2)

On 4 December 2018 the Council concluded that Hungary had not taken effective action in response to its Recommendation of 22 June 2018. On that basis, on 4 December 2018 the Council issued a revised Recommendation (4) for Hungary to take the necessary measures to ensure that the nominal growth rate of net primary government expenditure does not exceed 3,3 % in 2019, corresponding to an annual structural adjustment of 1 % of GDP. It also recommended that Hungary use any windfall gains for deficit reduction, and stated that budgetary consolidation measures should ensure a lasting improvement in the general government structural balance in a growth-friendly manner. The Council established a deadline of 15 April 2019 for Hungary to report on the action taken in response to the Recommendation of 4 December 2018.

| (3) | On 20 March 2019 the Commission undertook an enhanced surveillance mission in Hungary for the purpose of on-site monitoring under Article -11(2) of Regulation (EC) No 1466/97. After having transmitted its provisional findings to the Hungarian authorities for comments, on 5 June 2019 the Commission reported its findings to the Council. Those findings were subsequently made public. The Commission report finds that the Hungarian authorities do not plan to act upon the Council Recommendation of 4 December 2018. The authorities confirmed during the mission that their budgetary target for 2019 remains a headline deficit of 1,8 % as included in the 2019 budget adopted in July 2018, despite the more favourable macroeconomic scenario and the better-than-expected fiscal outturn in 2018. |
| --- | --- |

(3)

On 20 March 2019 the Commission undertook an enhanced surveillance mission in Hungary for the purpose of on-site monitoring under Article -11(2) of Regulation (EC) No 1466/97. After having transmitted its provisional findings to the Hungarian authorities for comments, on 5 June 2019 the Commission reported its findings to the Council. Those findings were subsequently made public. The Commission report finds that the Hungarian authorities do not plan to act upon the Council Recommendation of 4 December 2018. The authorities confirmed during the mission that their budgetary target for 2019 remains a headline deficit of 1,8 % as included in the 2019 budget adopted in July 2018, despite the more favourable macroeconomic scenario and the better-than-expected fiscal outturn in 2018.

| (4) | On 15 April 2019 the Hungarian authorities submitted a report on action taken in response to the Council Recommendation of 4 December 2018. In the report, the authorities reiterated that their target for 2019 remained a headline deficit of 1,8 % of GDP in 2019, a reduction of 0,4 percentage points of GDP compared to the 2018 outturn. The report does not contain any plan to comply with the fiscal adjustment recommended by the Council. In addition, the broad range of economic programmes with fiscal impact listed in the report remain largely unquantified, and the report does not include any budgetary projection for 2019. Therefore, the report does not comply with the reporting requirement of the Council. The improvement in the underlying structural deficit falls significantly short of the requirement stated in the Recommendation of 4 December 2018. |
| --- | --- |

(4)

On 15 April 2019 the Hungarian authorities submitted a report on action taken in response to the Council Recommendation of 4 December 2018. In the report, the authorities reiterated that their target for 2019 remained a headline deficit of 1,8 % of GDP in 2019, a reduction of 0,4 percentage points of GDP compared to the 2018 outturn. The report does not contain any plan to comply with the fiscal adjustment recommended by the Council. In addition, the broad range of economic programmes with fiscal impact listed in the report remain largely unquantified, and the report does not include any budgetary projection for 2019. Therefore, the report does not comply with the reporting requirement of the Council. The improvement in the underlying structural deficit falls significantly short of the requirement stated in the Recommendation of 4 December 2018.

| (5) | Based on the Commission 2019 spring forecast published on 7 May 2019, the growth of net primary expenditure is projected to amount to 6,5 % in 2019, well above the recommended rate of 3,3 %. The structural balance is set to improve by 0,4 % of GDP relative to 2018, falling short of the recommended adjustment of 1 % of GDP. Therefore, both indicators point to a deviation from the recommended adjustment. The expenditure benchmark points to a deviation of 1,2 % of GDP. The size of the deviation indicated by the structural balance is somewhat smaller, amounting to 0,6 % of GDP. The structural balance is negatively influenced by some revenue shortfalls. The reading of the expenditure benchmark is strongly negatively impacted by the medium-term potential GDP growth applied in its calculation, which includes very low potential GDP growth in the aftermath of the crisis. In addition, the GDP deflator underlying the expenditure benchmark does not seem to account properly for the increased cost pressures affecting government spending. After adjusting for those factors, the expenditure benchmark appears to adequately reflect the fiscal effort but still points to a deviation from the recommended adjustment. |
| --- | --- |

(5)

Based on the Commission 2019 spring forecast published on 7 May 2019, the growth of net primary expenditure is projected to amount to 6,5 % in 2019, well above the recommended rate of 3,3 %. The structural balance is set to improve by 0,4 % of GDP relative to 2018, falling short of the recommended adjustment of 1 % of GDP. Therefore, both indicators point to a deviation from the recommended adjustment. The expenditure benchmark points to a deviation of 1,2 % of GDP. The size of the deviation indicated by the structural balance is somewhat smaller, amounting to 0,6 % of GDP. The structural balance is negatively influenced by some revenue shortfalls. The reading of the expenditure benchmark is strongly negatively impacted by the medium-term potential GDP growth applied in its calculation, which includes very low potential GDP growth in the aftermath of the crisis. In addition, the GDP deflator underlying the expenditure benchmark does not seem to account properly for the increased cost pressures affecting government spending. After adjusting for those factors, the expenditure benchmark appears to adequately reflect the fiscal effort but still points to a deviation from the recommended adjustment.

| (6) | Since the Commission autumn 2018 forecast, which was the basis for the Council Recommendation of 4 December 2018, the Hungarian authorities have announced new expansionary measures on the expenditure side. In addition, following faster-than-expected public wage growth in 2018, new wage increases for some categories have been announced since autumn 2018. Finally, higher reserves in the budget, coupled with the government's explicit intention to fully deplete them by the end of the year, have added to the expenditure projections for 2019. As a result, the deviation from the expenditure benchmark is expected to be significantly larger than the deviation found in the assessment performed in autumn 2018. |
| --- | --- |

(6)

Since the Commission autumn 2018 forecast, which was the basis for the Council Recommendation of 4 December 2018, the Hungarian authorities have announced new expansionary measures on the expenditure side. In addition, following faster-than-expected public wage growth in 2018, new wage increases for some categories have been announced since autumn 2018. Finally, higher reserves in the budget, coupled with the government's explicit intention to fully deplete them by the end of the year, have added to the expenditure projections for 2019. As a result, the deviation from the expenditure benchmark is expected to be significantly larger than the deviation found in the assessment performed in autumn 2018.

| (7) | This leads to the conclusion that Hungary's response to the Council Recommendation of 4 December 2018 has been insufficient. The fiscal effort falls short of ensuring that the nominal growth rate of net primary government expenditure does not exceed 3,3 % in 2019, which would correspond to an annual structural adjustment of 1 % of GDP, |
| --- | --- |

(7)

This leads to the conclusion that Hungary's response to the Council Recommendation of 4 December 2018 has been insufficient. The fiscal effort falls short of ensuring that the nominal growth rate of net primary government expenditure does not exceed 3,3 % in 2019, which would correspond to an annual structural adjustment of 1 % of GDP,

HAS ADOPTED THIS DECISION:

Article 1

Hungary has not taken effective action in response to the Council Recommendation of 4 December 2018.

Article 2

This Decision is addressed to Hungary.

Done at Luxembourg, 14 June 2019.

For the Council

The President

E.O. TEODOROVICI

---

(1)  
  OJ L 209, 2.8.1997, p. 1.

1

(2)  Council Recommendation of 22 June 2018 with a view to correcting the significant observed deviation from the adjustment path toward the medium-term budgetary objective in Hungary (OJ C 223, 27.6.2018, p. 1).

2

(3)  Net primary government expenditure is comprised of total government expenditure excluding interest expenditure, expenditure on Union programmes fully matched by Union funds revenue and non-discretionary changes in unemployment benefit expenditure. Nationally financed gross fixed capital formation is smoothed over a four-year period. Discretionary revenue measures or revenue increases mandated by law are factored in. One-off measures on both the revenue and expenditure sides are netted out.

3

(4)  Council Recommendation of 4 December 2018 with a view to correcting the significant observed deviation from the adjustment path toward the medium-term budgetary objective in Hungary (OJ C 460, 21.12.2018, p. 4).

4

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| 20.6.2019 | EN | Official Journal of the European Union | L 163/66 |
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20.6.2019

EN

Official Journal of the European Union

L 163/66

---

COMMISSION IMPLEMENTING DECISION (EU) 2019/1004

of 7 June 2019

laying down rules for the calculation, verification and reporting of data on waste in accordance with Directive 2008/98/EC of the European Parliament and of the Council and repealing Commission Implementing Decision C(2012) 2384

(notified under document C(2019) 4114)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (1), and in particular Articles 11a(9) and 37(7) thereof,

Whereas:

| (1) | Directive 2008/98/EC provides general calculation rules for the purpose of verifying whether the preparing for re-use and recycling targets for municipal waste for 2025, 2030 and 2035 laid down in points (c), (d) and (e) of Article 11(2) and in Article 11(3) of that Directive have been attained. |
| --- | --- |

(1)

Directive 2008/98/EC provides general calculation rules for the purpose of verifying whether the preparing for re-use and recycling targets for municipal waste for 2025, 2030 and 2035 laid down in points (c), (d) and (e) of Article 11(2) and in Article 11(3) of that Directive have been attained.

| (2) | The rules set out in Article 11a of Directive 2008/98/EC specify that, as regards recycling, waste that enters a recycling operation or waste that has achieved end of waste status is to be used for the calculation of the targets for 2025, 2030 and 2035. As a general rule, the recycled waste is to be measured at the point where the waste enters the recycling operation. However, Member States may use a derogation and measure municipal waste at the output of a sorting operation, provided that further losses due to treatment prior to the recycling operation are deducted and that the output waste is actually recycled. |
| --- | --- |

(2)

The rules set out in Article 11a of Directive 2008/98/EC specify that, as regards recycling, waste that enters a recycling operation or waste that has achieved end of waste status is to be used for the calculation of the targets for 2025, 2030 and 2035. As a general rule, the recycled waste is to be measured at the point where the waste enters the recycling operation. However, Member States may use a derogation and measure municipal waste at the output of a sorting operation, provided that further losses due to treatment prior to the recycling operation are deducted and that the output waste is actually recycled.

| (3) | Municipal waste entering the recycling operation may still contain a certain amount of waste materials that are not targeted by the subsequent reprocessing but could not with reasonable efforts be removed by preliminary operations prior to the recycling operation. Member States should not be required to deduct such non-targeted materials for the purposes of the calculation of recycled municipal waste, provided that the materials are tolerated in the recycling operation and do not impede high-quality recycling. |
| --- | --- |

(3)

Municipal waste entering the recycling operation may still contain a certain amount of waste materials that are not targeted by the subsequent reprocessing but could not with reasonable efforts be removed by preliminary operations prior to the recycling operation. Member States should not be required to deduct such non-targeted materials for the purposes of the calculation of recycled municipal waste, provided that the materials are tolerated in the recycling operation and do not impede high-quality recycling.

| (4) | In order to ensure uniform application of the calculation rules by all Member States, it is moreover necessary to establish, for the most common waste types and recycling processes, which waste materials should be included in the calculation in accordance with point (c) of Article 11a(1) of Directive 2008/98/EC (calculation points) and at which stage of the waste treatment they should be measured in accordance with Article 11a(2) of that Directive (measurement points). |
| --- | --- |

(4)

In order to ensure uniform application of the calculation rules by all Member States, it is moreover necessary to establish, for the most common waste types and recycling processes, which waste materials should be included in the calculation in accordance with point (c) of Article 11a(1) of Directive 2008/98/EC (calculation points) and at which stage of the waste treatment they should be measured in accordance with Article 11a(2) of that Directive (measurement points).

| (5) | In order to ensure that the data to be reported on recycling of municipal waste are comparable, the calculation points established for the most common waste types and recycling processes should also apply to waste that has ceased to be waste as a result of a preparatory operation before being reprocessed. |
| --- | --- |

(5)

In order to ensure that the data to be reported on recycling of municipal waste are comparable, the calculation points established for the most common waste types and recycling processes should also apply to waste that has ceased to be waste as a result of a preparatory operation before being reprocessed.

| (6) | In order to ensure comparability of data on recycling of municipal waste reported by waste facilities in different Member States, it is necessary to set out more detailed rules on how the amounts of sorted waste should be taken into account for calculating the input to the recycling operation, and how the amounts of recycled municipal waste should be calculated in cases where waste treatment results not only in recycled materials, but also in fuels or other means to generate energy or in backfilling materials. |
| --- | --- |

(6)

In order to ensure comparability of data on recycling of municipal waste reported by waste facilities in different Member States, it is necessary to set out more detailed rules on how the amounts of sorted waste should be taken into account for calculating the input to the recycling operation, and how the amounts of recycled municipal waste should be calculated in cases where waste treatment results not only in recycled materials, but also in fuels or other means to generate energy or in backfilling materials.

| (7) | With regard to the calculation of bio-waste separated and recycled at source, the actual measurement of the input to or the output of the recycling operation is not always feasible since such waste is commonly managed by individual households. Therefore, a sound common approach that ensures a high level of reliability of the reported data should be established. |
| --- | --- |

(7)

With regard to the calculation of bio-waste separated and recycled at source, the actual measurement of the input to or the output of the recycling operation is not always feasible since such waste is commonly managed by individual households. Therefore, a sound common approach that ensures a high level of reliability of the reported data should be established.

| (8) | With regard to recycled metals separated after incineration of municipal waste, in order to ensure that only recycled metals are taken into account, a calculation methodology should be set out that establishes the metal content of the waste materials that are separated from the incineration bottom ash. Moreover, in order to ensure the relevance of the data, only metals originating from the incineration of municipal waste should be taken into account. |
| --- | --- |

(8)

With regard to recycled metals separated after incineration of municipal waste, in order to ensure that only recycled metals are taken into account, a calculation methodology should be set out that establishes the metal content of the waste materials that are separated from the incineration bottom ash. Moreover, in order to ensure the relevance of the data, only metals originating from the incineration of municipal waste should be taken into account.

| (9) | The data on preparing for re-use and recycling of municipal waste to be reported in accordance with Article 11a of Directive 2008/98/EC is to be underpinned by an effective system of quality control and traceability of waste material streams. Member States should therefore be required to take measures to ensure high reliability and accuracy of the data collected, in particular by collecting data directly from economic operators and by increasingly using electronic registries for recording data on waste. |
| --- | --- |

(9)

The data on preparing for re-use and recycling of municipal waste to be reported in accordance with Article 11a of Directive 2008/98/EC is to be underpinned by an effective system of quality control and traceability of waste material streams. Member States should therefore be required to take measures to ensure high reliability and accuracy of the data collected, in particular by collecting data directly from economic operators and by increasingly using electronic registries for recording data on waste.

| (10) | Member States are to report data to the Commission on the implementation of Article 11(2) and Article 11(3) of Directive 2008/98/EC for each calendar year. They are also to submit to the Commission a quality check report in the format for reporting established by the Commission. That format should ensure that the reported information provides a sufficient basis for verifying and monitoring the attainment of the targets set out in Article 11(2) and Article 11(3) of Directive 2008/98/EC. |
| --- | --- |

(10)

Member States are to report data to the Commission on the implementation of Article 11(2) and Article 11(3) of Directive 2008/98/EC for each calendar year. They are also to submit to the Commission a quality check report in the format for reporting established by the Commission. That format should ensure that the reported information provides a sufficient basis for verifying and monitoring the attainment of the targets set out in Article 11(2) and Article 11(3) of Directive 2008/98/EC.

| (11) | As regards the target laid down in point (a) of Article 11(2) of Directive 2008/98/EC, Member States have to apply the calculation rules laid down in Commission Decision 2011/753/EU (2). The calculation rules for the preparing for re-use and recycling of municipal waste laid down in Article 11a of Directive 2008/98/EC and in this Decision are consistent with those set out in Decision 2011/753/EU. In order to avoid double reporting, Member States should therefore have the possibility to use the reporting format established for the reporting of data on the targets laid down in points (c) to (e) of Article 11(2) and Article 11(3) of Directive 2008/98/EC to report data on the target laid down in point (a) of Article 11(2) of that Directive. |
| --- | --- |

(11)

As regards the target laid down in point (a) of Article 11(2) of Directive 2008/98/EC, Member States have to apply the calculation rules laid down in Commission Decision 2011/753/EU (2). The calculation rules for the preparing for re-use and recycling of municipal waste laid down in Article 11a of Directive 2008/98/EC and in this Decision are consistent with those set out in Decision 2011/753/EU. In order to avoid double reporting, Member States should therefore have the possibility to use the reporting format established for the reporting of data on the targets laid down in points (c) to (e) of Article 11(2) and Article 11(3) of Directive 2008/98/EC to report data on the target laid down in point (a) of Article 11(2) of that Directive.

| (12) | Member States are to report data on mineral and synthetic lubrication and industrial oils and on waste oils in accordance with Article 37(4) of Directive 2008/98/EC for each calendar year in the format established by the Commission. That format should ensure that the data reported provide a sufficient basis for assessing the feasibility of adopting measures for the treatment of waste oils, including quantitative targets on the regeneration of waste oils and any further measures to promote the regeneration of waste oils, in accordance with Article 21(4) of Directive 2008/98/EC. |
| --- | --- |

(12)

Member States are to report data on mineral and synthetic lubrication and industrial oils and on waste oils in accordance with Article 37(4) of Directive 2008/98/EC for each calendar year in the format established by the Commission. That format should ensure that the data reported provide a sufficient basis for assessing the feasibility of adopting measures for the treatment of waste oils, including quantitative targets on the regeneration of waste oils and any further measures to promote the regeneration of waste oils, in accordance with Article 21(4) of Directive 2008/98/EC.

| (13) | For the purposes of reporting on the implementation of points (a) and (b) of Article 11(2) of Directive 2008/98/EC laying down targets for household and similar waste, and for construction and demolition waste, Member States are to use the formats established pursuant to Commission Implementing Decision C(2012) 2384 (3). The provisions of that Implementing Decision requiring Member States to submit triannual reports on the implementation of Directive 2008/98/EC have become obsolete. Therefore, Implementing Decision C(2012) 2384 should be repealed and replaced by the provisions set out in this Decision, which reflect the changes in the reporting requirements introduced in Directive 2008/98/EC by Directive (EU) 2018/851 of the European Parliament and of the Council (4). In order to ensure continuity, transitional provisions should be adopted as regards the deadline for reporting the data concerning the implementation of points (a) and (b) of Article 11(2) for the reference years from 2016 to 2019. |
| --- | --- |

(13)

For the purposes of reporting on the implementation of points (a) and (b) of Article 11(2) of Directive 2008/98/EC laying down targets for household and similar waste, and for construction and demolition waste, Member States are to use the formats established pursuant to Commission Implementing Decision C(2012) 2384 (3). The provisions of that Implementing Decision requiring Member States to submit triannual reports on the implementation of Directive 2008/98/EC have become obsolete. Therefore, Implementing Decision C(2012) 2384 should be repealed and replaced by the provisions set out in this Decision, which reflect the changes in the reporting requirements introduced in Directive 2008/98/EC by Directive (EU) 2018/851 of the European Parliament and of the Council (4). In order to ensure continuity, transitional provisions should be adopted as regards the deadline for reporting the data concerning the implementation of points (a) and (b) of Article 11(2) for the reference years from 2016 to 2019.

| (14) | The rules for the calculation, verification and reporting of data concerning the implementation of points (c) to (e) of Article 11(2) and Article 11(3) of Directive 2008/98/EC are closely linked to the rules setting out the formats for the reporting of those data and of the data concerning the implementation of point (a) of Article 11(2) of that Directive. In order to ensure coherence between those rules and facilitate the access to them, both sets of rules should be laid down in a single Decision. Furthermore, to facilitate access to the uniform formats to report other data on waste under Directive 2008/98/EC, in particular data on construction and demolition waste and on mineral and synthetic lubrication and industrial oils and waste oils, those formats should also be included in this Decision. The methodology to establish average loss rates for the waste materials removed from sorted waste by further preliminary treatment prior to recycling will be subject to a separate Commission Delegated Decision. |
| --- | --- |

(14)

The rules for the calculation, verification and reporting of data concerning the implementation of points (c) to (e) of Article 11(2) and Article 11(3) of Directive 2008/98/EC are closely linked to the rules setting out the formats for the reporting of those data and of the data concerning the implementation of point (a) of Article 11(2) of that Directive. In order to ensure coherence between those rules and facilitate the access to them, both sets of rules should be laid down in a single Decision. Furthermore, to facilitate access to the uniform formats to report other data on waste under Directive 2008/98/EC, in particular data on construction and demolition waste and on mineral and synthetic lubrication and industrial oils and waste oils, those formats should also be included in this Decision. The methodology to establish average loss rates for the waste materials removed from sorted waste by further preliminary treatment prior to recycling will be subject to a separate Commission Delegated Decision.

| (15) | The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 39 of Directive 2008/98/EC, |
| --- | --- |

(15)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 39 of Directive 2008/98/EC,

HAS ADOPTED THIS DECISION:

Article 1

Definitions

For the purposes of this Decision, the following definitions shall apply:

| (a) | ‘amount’ means mass measured in tonnes; |
| --- | --- |

(a)

‘amount’ means mass measured in tonnes;

| (b) | ‘targeted materials’ means municipal waste materials that are reprocessed in a given recycling operation into products, materials or substances that are not waste; |
| --- | --- |

(b)

‘targeted materials’ means municipal waste materials that are reprocessed in a given recycling operation into products, materials or substances that are not waste;

| (c) | ‘non-targeted materials’ means waste materials that are not reprocessed in a given recycling operation into products, materials or substances that are not waste; |
| --- | --- |

(c)

‘non-targeted materials’ means waste materials that are not reprocessed in a given recycling operation into products, materials or substances that are not waste;

| (d) | ‘preliminary treatment’ means any treatment operation that municipal waste materials undergo before submission to the recycling operation whereby these materials are reprocessed into products, materials or substances that are not waste. This includes checking, sorting and other preparatory operations to remove non-targeted materials and to ensure high-quality recycling; |
| --- | --- |

(d)

‘preliminary treatment’ means any treatment operation that municipal waste materials undergo before submission to the recycling operation whereby these materials are reprocessed into products, materials or substances that are not waste. This includes checking, sorting and other preparatory operations to remove non-targeted materials and to ensure high-quality recycling;

| (e) | ‘calculation point’ means the point where municipal waste materials enter the recycling operation whereby waste is reprocessed into products, materials or substances that are not waste or the point where waste materials cease to be waste as a result of a preparatory operation before being reprocessed; |
| --- | --- |

(e)

‘calculation point’ means the point where municipal waste materials enter the recycling operation whereby waste is reprocessed into products, materials or substances that are not waste or the point where waste materials cease to be waste as a result of a preparatory operation before being reprocessed;

| (f) | ‘measurement point’ means the point where the mass of waste materials is measured with a view to determining the amount of waste at the calculation point; |
| --- | --- |

(f)

‘measurement point’ means the point where the mass of waste materials is measured with a view to determining the amount of waste at the calculation point;

| (g) | ‘municipal bio-waste separated and recycled at source’ means municipal bio-waste that is recycled at the place where it is produced by the persons who produce it. |
| --- | --- |

(g)

‘municipal bio-waste separated and recycled at source’ means municipal bio-waste that is recycled at the place where it is produced by the persons who produce it.

Article 2

Calculating municipal waste that is prepared for re-use pursuant to Article 11a(1) of Directive 2008/98/EC

The amount of municipal waste prepared for reuse shall only include the products or the components of products that, following checking, cleaning or repairing operations, can be re-used without further sorting or pre-processing. The parts of those products or of those components of products that have been removed during repairing operations may be included in the amount of municipal waste prepared for re-use.

Article 3

Calculating recycled municipal waste pursuant to Article 11a(1), Article 11a(2) and Article 11a(5) of Directive 2008/98/EC

1.   The amount of recycled municipal waste shall be the amount of municipal waste at the calculation point. The amount of municipal waste entering the recycling operation shall include targeted materials. It may include non-targeted materials only to the extent that their presence is permissible for the specific recycling operation.

2.   Calculation points applicable to certain waste materials and certain recycling operations are specified in Annex I.

3.   Where municipal waste materials cease to be waste at the calculation points specified in Annex I, the amount of those materials shall be included in the amount of recycled municipal waste.

4.   Where the measurement point relates to the output of a facility that sends municipal waste for recycling without further preliminary treatment, or to the input to a facility where municipal waste enters the recycling operation without further preliminary treatment, the amount of sorted municipal waste that is rejected by the recycling facility shall not be included in the amount of recycled municipal waste.

5.   Where a facility carries out preliminary treatment prior to the calculation point in that facility, the waste removed during the preliminary treatment shall not be included in the amount of recycled municipal waste reported by that facility.

6.   Where municipal waste generated by a given Member State has been mixed with other waste or waste from another country before the measurement point or the calculation point, the proportion of municipal waste originating from a given Member State shall be identified using appropriate methods, such as electronic registries and sampling surveys. Where such waste undergoes further preliminary treatment, the amount of non-targeted materials removed by that treatment shall be deducted taking into account the proportion and, where appropriate, the quality of waste materials coming from municipal waste originating from a given Member State.

7.   Where municipal waste materials enter recovery operations whereby those materials are used principally as a fuel or other means to generate energy, the output of such operations that is subject to material recovery, such as the mineral fraction of incineration bottom ash or clinker resulting from co-incineration, shall not be included in the amount of municipal waste recycled with the exception of metals separated and recycled after incineration of municipal waste. Metals incorporated in the mineral output of the co-incineration process of municipal waste shall not be reported as recycled.

8.   Where municipal waste materials enter recovery operations whereby those materials are not principally used either as fuel or other means to generate energy, or for material recovery, but result in output that includes recycled materials, fuels or backfilling materials in significant proportions, the amount of recycled waste shall be determined by a mass balance approach which results in taking account only of waste materials that are subject to recycling.

Article 4

Calculating recycled municipal bio-waste pursuant to Article 11a(4) of Directive 2008/98/EC

1.   The amount of recycled municipal bio-waste entering aerobic or anaerobic treatment shall only include materials that actually undergo aerobic or anaerobic treatment and shall exclude all materials, including biodegradable material, which are mechanically removed during or after the recycling operation.

2.   As from 1 January 2027, Member States may count municipal bio-waste as recycled only if it is:

| (a) | separately collected at source; |
| --- | --- |

(a)

separately collected at source;

| (b) | collected together with waste with similar biodegradability and compostability properties, in accordance with the second subparagraph of Article 22(1) of Directive 2008/98/EC; or |
| --- | --- |

(b)

collected together with waste with similar biodegradability and compostability properties, in accordance with the second subparagraph of Article 22(1) of Directive 2008/98/EC; or

| (c) | separated and recycled at source. |
| --- | --- |

(c)

separated and recycled at source.

3.   Member States shall apply the methodology laid down in Annex II to calculate the amount of municipal bio-waste separated and recycled at source.

4.   The amount of municipal bio-waste separated and recycled at source determined pursuant to paragraph 3 shall be included both in the amount of municipal waste recycled and in the total amount of municipal waste generated.

Article 5

Calculating recycled metals separated after incineration of municipal waste pursuant to Article 11a(6) of Directive 2008/98/EC

1.   The amount of recycled metals separated from incineration bottom ash shall only include metals contained in the metal concentrate that is separated from the raw incineration bottom ash originating from municipal waste, and shall not include other materials contained in the metal concentrate.

2.   Member States shall apply the methodology laid down in Annex III to calculate the amount of recycled metals separated from incineration bottom ash originating from municipal waste.

Article 6

Data collection

1.   Member States shall obtain data directly from establishments or undertakings managing waste, as appropriate.

2.   Member States shall consider the use of electronic registries to record data on municipal waste.

3.   Where data collection is based on surveys, those surveys shall fulfil the following minimum requirements:

| (a) | they shall be carried out at regular, specified intervals, and shall adequately meet the variation in the data to be surveyed; |
| --- | --- |

(a)

they shall be carried out at regular, specified intervals, and shall adequately meet the variation in the data to be surveyed;

| (b) | they shall be based on a representative sample of the population to which their results are applied. |
| --- | --- |

(b)

they shall be based on a representative sample of the population to which their results are applied.

Article 7

Reporting of data

1.   Member States shall report the data and submit the quality check report concerning the implementation of points (a) and (b) of Article 11(2) of Directive 2008/98/EC in the format laid down in Annex IV.

As regards the implementation of point (a) of Article 11(2) of Directive 2008/98/EC, Member States which report the data and submit the quality check report in the format laid down in Annex V shall be deemed to comply with the first subparagraph.

2.   Member States shall report the data and submit the quality check report concerning the implementation of points (c) to (e) of Article 11(2) and Article 11(3) of Directive 2008/98/EC in the format laid down in Annex V.

3.   Member States shall report the data and submit the quality check report on mineral or synthetic lubrication or industrial oils placed on the market and waste oils separately collected and treated in the format laid down in Annex VI.

4.   The Commission shall publish the data reported by Member States unless as regards information included in the quality check reports a Member State provides a justified request to withhold the publication of certain data.

Article 8

Repeal

Implementing Decision C(2012)2384 is repealed. References to the repealed Implementing Decision shall be construed as references to Article 7(1) of this Decision.

Article 9

Transitional provisions

Member States shall submit data to the Commission concerning the implementation of points (a) and (b) of Article 11(2) of Directive 2008/98/EC for reference year 2016 and, where applicable, for reference year 2017 by 30 September 2019. The data for reference year 2018 and, where applicable, for reference year 2019 shall be submitted within 18 months of the end of each reference year respectively. The data referred to in this Article shall be transmitted to the Commission by means of the interchange standard referred to in Article 5(4) of Decision 2011/753/EU.

Article 10

This Decision is addressed to the Member States.

Done at Brussels, 7 June 2019.

For the Commission

Karmenu VELLA

Member of the Commission

---

(1)  
  OJ L 312, 22.11.2008, p. 3.

1

(2)  Commission Decision 2011/753/EU of 18 November 2011 establishing rules and calculation methods for verifying compliance with the targets set in Article 11(2) of Directive 2008/98/EC of the European Parliament and of the Council (OJ L 310, 25.11.2011, p. 11).

2

(3)  Commission Implementing Decision of 18 April 2012 establishing a questionnaire for Member States reports on the implementation of Directive 2008/98/EC of the European Parliament and of the Council on waste (C(2012) 2384 final).

3

(4)  Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 amending Directive 2008/98/EC on waste (OJ L 150, 14.6.2018, p. 109).

4

---

ANNEX I

CALCULATION POINTS REFERRED TO IN ARTICLE 3(2)

| Material | Calculation Point |
| --- | --- |
| Glass | Sorted glass that does not undergo further processing before entering a glass furnace or the production of filtration media, abrasive materials, glass based insulation and construction materials. |
| Metals | Sorted metal that does not undergo further processing before entering a metal smelter or furnace. |
| Paper/board | Sorted paper that does not undergo further processing before entering a pulping operation. |
| Plastics | Plastic separated by polymers that does not undergo further processing before entering pelletisation, extrusion, or moulding operations.
  Plastic flakes that do not undergo further processing before their use in a final product. |
| Wood | Sorted wood that does not undergo further treatment before utilisation in particleboard manufacture.
  Sorted wood entering a composting operation. |
| Textiles | Sorted textile that does not undergo further processing before its utilisation for the production of textile fibres, rags or granulates. |
| Waste items composed of multiple materials | Plastic, glass, metal, wood, textile, paper and cardboard and other individual component materials resulting from the treatment of waste items composed of multiple materials that do not undergo further processing before reaching the calculation point established for the specific material in accordance with this Annex or with 11a of Directive 2008/98/EC and Article 3 of this Decision. |
| Waste Electric and Electronic Equipment (WEEE) | WEEE entering a recycling facility after proper treatment and completion of preliminary activities in accordance with Article 11 of Directive 2012/19/EU of the European Parliament and of the Council (1). |
| Batteries | Input fractions entering the battery recycling process in accordance with Commission Regulation (EU) No 493/2012 (2). |

Material

Calculation Point

Glass

Sorted glass that does not undergo further processing before entering a glass furnace or the production of filtration media, abrasive materials, glass based insulation and construction materials.

Metals

Sorted metal that does not undergo further processing before entering a metal smelter or furnace.

Paper/board

Sorted paper that does not undergo further processing before entering a pulping operation.

Plastics

Plastic separated by polymers that does not undergo further processing before entering pelletisation, extrusion, or moulding operations.

Plastic flakes that do not undergo further processing before their use in a final product.

Wood

Sorted wood that does not undergo further treatment before utilisation in particleboard manufacture.

Sorted wood entering a composting operation.

Textiles

Sorted textile that does not undergo further processing before its utilisation for the production of textile fibres, rags or granulates.

Waste items composed of multiple materials

Plastic, glass, metal, wood, textile, paper and cardboard and other individual component materials resulting from the treatment of waste items composed of multiple materials that do not undergo further processing before reaching the calculation point established for the specific material in accordance with this Annex or with 11a of Directive 2008/98/EC and Article 3 of this Decision.

Waste Electric and Electronic Equipment (WEEE)

WEEE entering a recycling facility after proper treatment and completion of preliminary activities in accordance with Article 11 of Directive 2012/19/EU of the European Parliament and of the Council (1).

Batteries

Input fractions entering the battery recycling process in accordance with Commission Regulation (EU) No 493/2012 (2).

---

(1)  Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (OJ L 197, 24.7.2012, p. 38).

(2)  Commission Regulation (EU) No 493/2012 of 11 June 2012 laying down, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, detailed rules regarding the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators (OJ L 151, 12.6.2012, p. 9).

---

ANNEX II

METHODOLOGY FOR CALCULATING MUNICIPAL BIO-WASTE SEPARATED AND RECYCLED AT SOURCE REFERRED TO IN ARTICLE 4(3)

| 1. | The amount of municipal bio-waste separated and recycled at source shall be calculated by using the following formula:
  m
  MBWRS
  = Σ n
  ARUi
  × (m
  Fi
  + m
  Gi
  )
  where:






  m
  MBWRS | means the mass of municipal bio-waste separated and recycled at source; |
| --- | --- | --- |
| n
  ARUi | means the number of active recycling units for the recycling of municipal bio-waste at source in subsample i; |
| m
  Fi | means the mass of food and kitchen municipal bio-waste recycled at source per active recycling unit in subsample i; and |
| m
  Gi | means the mass of garden and park municipal bio-waste recycled at source per active recycling unit in subsample i. |

1.

m
  MBWRS
  = Σ n
  ARUi
  × (m
  Fi
  + m
  Gi
  )

where:

m
  MBWRS

means the mass of municipal bio-waste separated and recycled at source;

n
  ARUi

means the number of active recycling units for the recycling of municipal bio-waste at source in subsample i;

m
  Fi

means the mass of food and kitchen municipal bio-waste recycled at source per active recycling unit in subsample i; and

m
  Gi

means the mass of garden and park municipal bio-waste recycled at source per active recycling unit in subsample i.

| 2. | The number of active recycling units for the recycling of municipal bio-waste at source shall include only those recycling units that are used by waste producers. That number shall be retrieved from registers of such units or shall be obtained through surveys of households. |
| --- | --- |

2.

| 3. | The amount of municipal bio-waste that is recycled at source per active recycling unit shall be determined through direct or indirect measurement of bio-waste entering active recycling units as specified in points 4 and 5. |
| --- | --- |

3.

| 4. | Direct measurement requires measuring the input to the active recycling unit or its output under the following conditions:






  (a) | the measurement shall be carried out, where feasible, by or on behalf of public authorities; |
| --- | --- | --- |

4.

(a)

the measurement shall be carried out, where feasible, by or on behalf of public authorities;

| (b) | where the measurement is carried out by the waste producers themselves, Member States shall ensure that the reported amounts are subject to plausibility checks and are adjusted to the effect that the amount of bio-waste separated and recycled at source per person in no case exceeds the average amount per capita of municipal bio-waste collected by waste operators at national, regional or local level; |
| --- | --- |

(b)

where the measurement is carried out by the waste producers themselves, Member States shall ensure that the reported amounts are subject to plausibility checks and are adjusted to the effect that the amount of bio-waste separated and recycled at source per person in no case exceeds the average amount per capita of municipal bio-waste collected by waste operators at national, regional or local level;

| (c) | where the output of an active recycling unit is measured, a reliable coefficient shall be applied in order to calculate the amount of the input. |
| --- | --- |

(c)

where the output of an active recycling unit is measured, a reliable coefficient shall be applied in order to calculate the amount of the input.

| 5. | Indirect measurement requires measuring the following amounts through composition surveys of collected municipal waste, which take account of municipal bio-waste waste that is separately collected and of municipal bio-waste that is not separately collected:






  (a) | the amount of bio-waste contained in collected municipal waste that is generated by households or in areas where waste is separated and recycled at source; |
| --- | --- | --- |

5.

(a)

the amount of bio-waste contained in collected municipal waste that is generated by households or in areas where waste is separated and recycled at source;

| (b) | the amount of bio-waste contained in collected municipal waste that is generated by households or in areas with characteristics that are similar to the characteristics of households or areas referred to in point (a), where waste is not separated and recycled at source. |
| --- | --- |

(b)

the amount of bio-waste contained in collected municipal waste that is generated by households or in areas with characteristics that are similar to the characteristics of households or areas referred to in point (a), where waste is not separated and recycled at source.

The amount of municipal bio-waste that is separated and recycled at source shall be determined based on the difference between the amounts specified in points (a) and (b).

| 6. | The methodology to determine the amount of municipal bio-waste that is separated and recycled at source per active recycling unit pursuant to points 3 to 5, in particular the sampling methods used in surveys to collect data, shall reflect at least the following factors:






  (a) | the size and type of households that use an active recycling unit in the case of food and kitchen waste; |
| --- | --- | --- |

6.

(a)

the size and type of households that use an active recycling unit in the case of food and kitchen waste;

| (b) | the size and management of gardens and parks served by an active recycling unit in the case of garden and park waste; |
| --- | --- |

(b)

the size and management of gardens and parks served by an active recycling unit in the case of garden and park waste;

| (c) | the available collection system, in particular the complementary use of waste collection services for bio-waste and mixed municipal waste; |
| --- | --- |

(c)

the available collection system, in particular the complementary use of waste collection services for bio-waste and mixed municipal waste;

| (d) | the level and seasonality of municipal bio-waste generation. |
| --- | --- |

(d)

the level and seasonality of municipal bio-waste generation.

| 7. | Where the share of municipal bio-waste separated and recycled at source in all municipal waste generated is less than 5 % at national level, Member States may use a simplified methodology to calculate municipal bio-waste separated and recycled at source by applying the following formula:
  mMBWRS = nP × mBWpp × qRS

  where:






  m
  MBWRS | means the mass of municipal bio-waste separated and recycled at source; |
| --- | --- | --- |
| n
  P | means the number of persons involved in municipal bio-waste recycling at source; |
| m
  BWpp | means the mass of generated municipal bio-waste per capita; and |
| q
  RS | means a coefficient representing the share of municipal bio-waste generated that is likely to be separated and recycled at source in the total amount of municipal bio-waste generated. |

7.

mMBWRS = nP × mBWpp × qRS

where:

m
  MBWRS

means the mass of municipal bio-waste separated and recycled at source;

n
  P

means the number of persons involved in municipal bio-waste recycling at source;

m
  BWpp

means the mass of generated municipal bio-waste per capita; and

q
  RS

means a coefficient representing the share of municipal bio-waste generated that is likely to be separated and recycled at source in the total amount of municipal bio-waste generated.

| 8. | For the purposes of applying the formula laid down in point 7 Member States shall ensure that:






  (a) | m
  BWpp
  is calculated on the basis of surveys on the composition of separately collected and mixed municipal waste at national, regional or local level as appropriate; |
| --- | --- | --- |

8.

(a)

m
  BWpp
  is calculated on the basis of surveys on the composition of separately collected and mixed municipal waste at national, regional or local level as appropriate;

| (b) | q
  RS
  is determined by taking into account the factors listed in points (a) to (d) of point 6. |
| --- | --- |

(b)

q
  RS
  is determined by taking into account the factors listed in points (a) to (d) of point 6.

| 9. | The formulas laid down in this Annex may be applied to all municipal bio-waste separated and recycled at source or only to food and kitchen municipal bio-waste separated and recycled at source. |
| --- | --- |

9.

| 10. | The surveys to collect data for the purposes of applying the formulas laid down in this Annex shall be carried out for the first year of reporting on municipal bio-waste separated and recycled at source and thereafter at least every five years, and for other years whenever there are reasons to expect significant changes in the amount of municipal bio-waste separated and recycled at source.
  Member States may update the reported amount of municipal waste recycled at source for the years for which data is not collected by using appropriate estimates. |
| --- | --- |

10.

Member States may update the reported amount of municipal waste recycled at source for the years for which data is not collected by using appropriate estimates.

| 11. | The surveys to collect data for the purposes of applying the formulas laid down in this Annex shall be based on representative samples and appropriate sub-samples. The results of those surveys shall be statistically significant according to scientifically accepted statistical techniques. |
| --- | --- |

11.

| 12. | Member States shall take appropriate measures to ensure that the reported amounts of municipal bio-waste that is separated and recycled at source are not overestimated. |
| --- | --- |

12.

---

ANNEX III

METHODOLOGY FOR CALCULATING RECYCLED METALS SEPARATED AFTER INCINERATION OF MUNICIPAL WASTE REFERRED TO IN ARTICLE 5(2)

| 1. | The following definitions shall apply in relation to the formulas set out in this Annex:






  m
  total IBA metals | means total mass of metals in incineration bottom ash in a given year; |
| --- | --- | --- |
| m
  IBA metal concentrates | means mass of metal concentrates separated from raw municipal waste incineration bottom ash in a given year; |
| c
  IBA metals | means concentration of metals in metal concentrates; |
| m
  IBA metals | means mass of metals in the metal concentrate in a given year; |
| m
  non-metallic | means mass of non-metallic material in metal concentrate in a given year; |
| m
  MSW | means mass of municipal waste entering an incineration operation in a given year; |
| c
  metals MSW | means concentration of metals in municipal waste entering an incineration operation; |
| m
  W | means mass of all waste entering an incineration operation in a given year; |
| c
  metals MSWI | means concentration of metals in all waste entering an incineration operation; and |
| m
  MSW IBA metals | means mass of metals originating from municipal waste in a given year. |

1.

m
  total IBA metals

means total mass of metals in incineration bottom ash in a given year;

m
  IBA metal concentrates

means mass of metal concentrates separated from raw municipal waste incineration bottom ash in a given year;

c
  IBA metals

means concentration of metals in metal concentrates;

m
  IBA metals

means mass of metals in the metal concentrate in a given year;

m
  non-metallic

means mass of non-metallic material in metal concentrate in a given year;

m
  MSW

means mass of municipal waste entering an incineration operation in a given year;

c
  metals MSW

means concentration of metals in municipal waste entering an incineration operation;

m
  W

means mass of all waste entering an incineration operation in a given year;

c
  metals MSWI

means concentration of metals in all waste entering an incineration operation; and

m
  MSW IBA metals

means mass of metals originating from municipal waste in a given year.

| 2. | Following the separation of metal concentrate from raw incineration bottom ash, the total mass of metals in incineration bottom ash in a given year shall be calculated by applying the following formula: |
| --- | --- |

2.

Formula

| 3. | Data on the mass of metal concentrates shall be obtained from facilities that separate metal concentrates from raw incineration bottom ash. |
| --- | --- |

3.

| 4. | The concentration of metals in metal concentrates shall be calculated by using data collected by regular surveys from facilities that treat metal concentrates and deliver their output to facilities producing metal products. Distinction shall be made between ferrous metals, non-ferrous metals and stainless steel. The following formula shall be applied in order to calculate the concentration of metals in metal concentrates: |
| --- | --- |

4.

Formula

| 5. | Where municipal waste is incinerated together with other waste, the concentration of metals in the incinerated waste from various sources shall be determined through a sampling survey of the waste that enters the incineration operation. This survey shall be carried out at least every five years and whenever there are reasons to expect that the composition of the waste has significantly changed. The mass of metals originating from municipal waste shall be calculated by applying the following formula: |
| --- | --- |

5.

Formula

| 6. | By way of derogation from point 5, where the share of municipal waste in all incinerated waste is above 75 %, the mass of metals originating from municipal waste may be calculated by applying the following formula: |
| --- | --- |

6.

Formula

---

ANNEX IV

DATA ON WASTE FROM HOUSEHOLDS AND SIMILAR WASTE FROM OTHER ORIGINS, AND DATA ON CONSTRUCTION AND DEMOLITION WASTE REFERRED TO IN ARTICLE 7(1)

A.   FORMAT FOR THE REPORTING OF DATA ON THE IMPLEMENTATION OF POINT (A) OF ARTICLE 11(2) OF DIRECTIVE 2008/98/EC CONCERNING PREPARING FOR RE-USE AND RECYCLING OF WASTE FROM HOUSEHOLDS AND OF SIMILAR WASTE FROM OTHER ORIGINS

| Calculation method (1) | Generated waste (2)

  (t) | Preparing for re-use and recycling (3)

  (t) |
| --- | --- | --- |
| | | |

Calculation method (1)

Generated waste (2)

(t)

Preparing for re-use and recycling (3)

(t)

B.   FORMAT FOR THE QUALITY CHECK REPORT ACCOMPANYING THE DATA REFERRED TO IN PART A

I.   Objective of the report

The objective of this report is to gather information on the data compilation methods and coverage of the submitted data. The report should allow a better understanding of the approaches taken by Member States as well as the possibilities and limits of data comparability across countries.

II.   General information

1.   Member State:

2.   Organisation submitting the data and the description:

3.   Contact person/contact details:

4.   Reference year:

5.   Delivery date/version:

III.   Information on waste from households and similar waste from other origins

1.   How are the generated amounts of waste established for the compliance with the waste target?

2.   Has a sorting analysis of waste from households and similar waste from other origins been carried out? Yes/No

3.   Where other methods have been used, please describe:

4.   How do the amounts of waste reported in part A relate to waste statistics reported on the basis of Regulation (EC) No 2150/2002 of the European Parliament and of the Council (4)?

4

5.   Please describe the composition and sources of waste from households and similar waste from other origins as appropriate by ticking the relevant cells in the table.

| Waste materials | Waste codes (5) | Generated by |
| --- | --- | --- |
| Households | Small enterprises | Restaurants, canteens | Public areas | Others
  (please specify) |
| Paper and cardboard | 20 01 01 , | 15 01 01 | | | | | |
| Metals | 20 01 40 , | 15 01 04 | | | | | |
| Plastic | 20 01 39 , | 15 01 02 | | | | | |
| Glass | 20 01 02 , | 15 01 07 | | | | | |
| Biodegradable kitchen and canteen waste | 20 01 08 | | | | | | |
| Including home-composting? yes/no |
| Biodegradable garden and park waste | 20 02 01 | | | | | | |
| Including home-composting? yes/no |
| Non-biodegradable garden and park waste | 20 02 02 , | 20 02 03 | | | | | |
| Wood | 20 01 38 , | 15 01 03 | | | | | |
| Textiles | 20 01 10 ,
  15 01 09 | 20 01 11 , | | | | | |
| Batteries | 20 01 34 , | 20 01 33 * | | | | | |
| Discarded equipment | 20 01 21 *,
  20 01 35 *, | 20 01 23 *,
  20 01 36 | | | | | |
| Other municipal waste | 20 03 01 ,
  20 03 07 , | 20 03 02 ,
  15 01 06 | | | | | |
| Municipal waste not mentioned above (please specify) | | | | | | | |

Waste materials

Waste codes (5)

5

Generated by

Households

Small enterprises

Restaurants, canteens

Public areas

Others

(please specify)

Paper and cardboard

20 01 01 ,

15 01 01

Metals

20 01 40 ,

15 01 04

Plastic

20 01 39 ,

15 01 02

Glass

20 01 02 ,

15 01 07

Biodegradable kitchen and canteen waste

20 01 08

Including home-composting? yes/no

Biodegradable garden and park waste

20 02 01

Including home-composting? yes/no

Non-biodegradable garden and park waste

20 02 02 ,

20 02 03

Wood

20 01 38 ,

15 01 03

Textiles

20 01 10 ,

15 01 09

20 01 11 ,

Batteries

20 01 34 ,

20 01 33 *

Discarded equipment

20 01 21 *,

20 01 35 *,

20 01 23 *,

20 01 36

Other municipal waste

20 03 01 ,

20 03 07 ,

20 03 02 ,

15 01 06

Municipal waste not mentioned above (please specify)

6.   For calculation methods 1 and 2: Please provide in rows (a) to (c) below the respective amounts or shares and the waste codes used for calculating waste generation in line with the following rationale:

| (a) | % paper, metal, plastic, glass (and, for method 2, other single waste streams) in household waste (and, for method 2, in similar waste) determined by a sorting analysis
  × |
| --- | --- |

(a)

% paper, metal, plastic, glass (and, for method 2, other single waste streams) in household waste (and, for method 2, in similar waste) determined by a sorting analysis

×

| (b) | annual amount of household waste (and, for method 2, of similar waste) generated
  - |
| --- | --- |

(b)

annual amount of household waste (and, for method 2, of similar waste) generated

+

| (c) | separately collected paper, metal, plastic and glass (and, for method 2, other single waste streams) from households (and, for method 2, separately collected similar waste from other origins) (waste codes 15 01, 20 01) |
| --- | --- |

(c)

separately collected paper, metal, plastic and glass (and, for method 2, other single waste streams) from households (and, for method 2, separately collected similar waste from other origins) (waste codes 15 01, 20 01)

| (a) | |
| --- | --- |
| (b) | |
| (c) | |

(a)

(b)

(c)

7.   How are the data on preparing for re-use and on recycling compiled?

| (a) | Are data based on the input to preliminary treatment facilities (e.g. sorting plant, mechanical biological treatment)? Yes/No
  If yes, please provide information on the recycling efficiency: |
| --- | --- |

(a)

Are data based on the input to preliminary treatment facilities (e.g. sorting plant, mechanical biological treatment)? Yes/No

If yes, please provide information on the recycling efficiency:

| (b) | Are data based on the input to the final recycling process? Yes/No |
| --- | --- |

(b)

Are data based on the input to the final recycling process? Yes/No

| (c) | Please describe the data validation process: |
| --- | --- |

(c)

Please describe the data validation process:

8.   Have there been problems with applying the rules on the calculation of biodegradable waste? Yes/No

If yes, please describe the problem(s):

9.   Has waste been

| (a) | shipped to another Member State? (Yes/No) |
| --- | --- |

(a)

shipped to another Member State? (Yes/No)

| (b) | exported out of the Union for treatment? (Yes/No) |
| --- | --- |

(b)

exported out of the Union for treatment? (Yes/No)

If the answer to (a) and/or (b) is yes, how have the preparing for re-use and recycling rates for those shipped or exported amounts been derived, monitored and validated?

C.   FORMAT FOR REPORTING OF DATA ON THE IMPLEMENTATION OF POINT (B) OF ARTICLE 11(2) OF DIRECTIVE 2008/98/EC CONCERNING CONSTRUCTION AND DEMOLITION WASTE

| Calculation method (6) | Generated waste
  (t) | Preparing for re-use
  (t) | Recycling
  (t) | Backfilling
  (t) | Other material recovery (7)

  (t) | Total material recovery (8)

  (t) |
| --- | --- | --- | --- | --- | --- | --- |
| | | | | | | |

Calculation method (6)

6

Generated waste

(t)

Preparing for re-use

(t)

Recycling

(t)

Backfilling

(t)

Other material recovery (7)

7

(t)

Total material recovery (8)

8

(t)

D.   FORMAT FOR THE QUALITY CHECK REPORT ACCOMPANYING THE DATA REFERRED TO IN PART C

I.   Objective of the report

Objective of the report

The objective of this report is to gather information on the data compilation methods and coverage of the submitted data. The report should allow a better understanding of the approaches taken by Member States as well as the possibilities and limits of data comparability across countries.

II.   General information

General information

1.   Member State:

2.   Organisation submitting the data and the description:

3.   Contact person/contact details:

4.   Reference year:

5.   Delivery date/version:

III.   Information on construction and demolition waste

Information on construction and demolition waste

1.   How are the amounts of generated construction and demolition waste determined? How do those amounts relate to data reported on the basis of Regulation (EC) No 2150/2002?

2.   How are the data on preparing for re-use, recycling, backfilling and other recovery compiled?

Please, include description of the application of the definition of backfilling laid down in Article 3(17a) of Directive 2008/98/EC in the context of reporting on construction and demolition waste and description of the different waste treatment operations reported under the category ‘other recovery’ in the table in part C and their share (%).

3.   Are the data based on the input to preliminary treatment facilities? Yes/No

If yes, please provide information on the efficiency of preliminary treatment:

4.   Are the data based on the input to the final recycling process? Yes/No

5.   Please describe the data validation process:

6.   Has waste been

| (a) | shipped to another Member State? Yes/No |
| --- | --- |

(a)

shipped to another Member State? Yes/No

| (b) | exported out of the Union for treatment? Yes/No |
| --- | --- |

(b)

exported out of the Union for treatment? Yes/No

If yes, how have the reuse and recycling rates and the recovery rates for those shipped or exported amounts been derived and monitored/validated?

---

(1)  Calculation method chosen pursuant to Decision 2011/753/EU: the number of the chosen calculation method (1 to 4) as in the second column of Annex I of that Decision shall be inserted here.

1

(2)  Waste from households or waste from households and similar waste from other origins as required by the chosen calculation method.

2

(3)  Prepared for re-use and recycled waste from households or waste from households and similar waste from other origins as required by the chosen calculation method.

3

(4)  Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics (OJ L 332, 9.12.2002, p. 1).

4

(5)  In the list of waste codes established by Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3).

5

(6)  Calculation method chosen pursuant to Annex II of Decision 2011/753/EU.

6

(7)  This includes material recovery other than preparing for re-use, recycling and backfilling.

7

(8)  This is the sum of the amounts reported under preparing for re-use, recycling, backfilling and other material recovery.

8

---

ANNEX V

DATA ON MUNICIPAL WASTE REFERRED TO IN ARTICLE 7(2)

A.   FORMAT FOR THE REPORTING OF DATA

| Municipal waste | Waste generation (1)

  (t) | Separate collection
  (t) | Preparing for reuse
  (t) | Recycling
  (t) | Energy recovery (2)

  (t) | Other recovery (3)

  (t) |
| --- | --- | --- | --- | --- | --- | --- |
| Total | | | | | | |
| Metals | | | | | | |
| Metals separated after incineration of municipal waste (4) | | | | | | |
| Glass | | | | | | |
| Plastic | | | | | | |
| Paper and cardboard | | | | | | |
| Bio-waste | | | | | | |
| Bio-waste separated and recycled at source (5) | | | | | | |
| Wood | | | | | | |
| Textiles | | | | | | |
| Electrical and electronic equipment | | | | | | |
| Batteries | | | | | | |
| Bulky waste (6) | | | | | | |
| Mixed waste | | | | | | |
| Other | | | | | | |
| Dark shaded boxes: Reporting is not applicable.
  Light shaded boxes: Reporting is voluntary except for metals separated and recycled after incineration of municipal waste and bio-waste separated and recycled at source where Member States take those waste streams into account for the calculation of the recycling targets. |

Municipal waste

Waste generation (1)

(t)

Separate collection

(t)

Preparing for reuse

(t)

Recycling

(t)

Energy recovery (2)

(t)

Other recovery (3)

(t)

Total

Metals

Metals separated after incineration of municipal waste (4)

Glass

Plastic

Paper and cardboard

Bio-waste

Bio-waste separated and recycled at source (5)

Wood

Textiles

Electrical and electronic equipment

Batteries

Bulky waste (6)

Mixed waste

Other

Dark shaded boxes: Reporting is not applicable.

Light shaded boxes: Reporting is voluntary except for metals separated and recycled after incineration of municipal waste and bio-waste separated and recycled at source where Member States take those waste streams into account for the calculation of the recycling targets.

B.   FORMAT FOR THE QUALITY CHECK REPORT ACCOMPANYING THE DATA REFERRED TO IN PART A

I.   Objectives of the report

The objectives of the quality check report are as follows:

| 1. | Check the comprehensiveness of Member State application of the definition of municipal waste; |
| --- | --- |

1.

Check the comprehensiveness of Member State application of the definition of municipal waste;

| 2. | Evaluate the quality of data collection processes, including the scope and validation of administrative data sources and the statistical validity of survey-based approaches; |
| --- | --- |

2.

Evaluate the quality of data collection processes, including the scope and validation of administrative data sources and the statistical validity of survey-based approaches;

| 3. | Understand the reasons for significant changes in reported data between reference years and ensure confidence in the accuracy of that data; |
| --- | --- |

3.

Understand the reasons for significant changes in reported data between reference years and ensure confidence in the accuracy of that data;

| 4. | Ensure the application of the rules and common methodologies to measure metals separated after the incineration of municipal waste; and |
| --- | --- |

4.

Ensure the application of the rules and common methodologies to measure metals separated after the incineration of municipal waste; and

| 5. | Verify compliance with specific requirements established in the rules for calculating the recycling targets. |
| --- | --- |

5.

Verify compliance with specific requirements established in the rules for calculating the recycling targets.

II.   General information

1.   Member State:

2.   Organisation submitting the data and the description:

3.   Contact person/contact details:

4.   Reference year:

5.   Delivery date/version:

6.   Link to data publication by the Member State (if any):

III.   Information on municipal waste

1.   Description of the entities involved in the data collection

| Name of institution | Description of key responsibilities |
| --- | --- |
| | |

Name of institution

Description of key responsibilities

Add rows as appropriate

2.   Shall the data on municipal waste reported in part A be used to demonstrate compliance with the target laid down in point (a) of Article 11(2) of Directive 2008/98/EC? Yes/No

3.   Description of methods used

3.1.   Municipal waste generation

3.1.1.   Methods for determining municipal waste generation (mark with a cross or specify in the last column)

| Municipal waste component | Administrative data | Surveys | Electronic registry | Data from waste operators | Data from municipalities | Data from extended producer responsibility schemes | Other (specify) |
| --- | --- | --- | --- | --- | --- | --- | --- |
| Total | | | | | | | |
| Metals | | | | | | | |
| Glass | | | | | | | |
| Plastic | | | | | | | |
| Paper and cardboard | | | | | | | |
| Biowaste | | | | | | | |
| Wood | | | | | | | |
| Textiles | | | | | | | |
| Electrical and electronic equipment | | | | | | | |
| Batteries | | | | | | | |
| Bulky waste | | | | | | | |
| Mixed waste | | | | | | | |
| Other (specify) | | | | | | | |

Municipal waste component

Administrative data

Surveys

Electronic registry

Data from waste operators

Data from municipalities

Data from extended producer responsibility schemes

Other (specify)

Total

Metals

Glass

Plastic

Paper and cardboard

Biowaste

Wood

Textiles

Electrical and electronic equipment

Batteries

Bulky waste

Mixed waste

Other (specify)

3.1.2.   Description of the methodology used to operationalise the definition of municipal waste in the national data collection systems, including the methodology used to collect data on the non-household fraction of municipal waste

3.1.3.   Statistical codes, use of waste codes and verification of data on municipal waste generation

| Municipal waste component | Waste codes (7) | Other classification used | Verification process |
| --- | --- | --- | --- |
| Cross-check
  (yes/no) | Time-series check
  (yes/no) | Audit
  (yes/no) | Description of the verification process |
| Metals | 20 01 40 , 15 01 04 , 15 01 11 * | | | | | |
| Glass | 20 01 02 , 15 01 07 | | | | | |
| Plastic | 20 01 39 , 15 01 02 | | | | | |
| Paper and cardboard | 20 01 01 , 15 01 01 | | | | | |
| Bio-waste | 20 01 08 , 20 01 25 , 20 02 01 | | | | | |
| Wood | 20 01 37 *, 20 01 38 , 15 01 03 | | | | | |
| Textiles | 20 01 10 , 20 01 11 , 15 01 09 | | | | | |
| Electrical and electronic equipment | 20 01 21 *, 20 01 23 *, 20 01 35 *, 20 01 36 | | | | | |
| Batteries | 20 01 33 *, 20 01 34 | | | | | |
| Bulky waste | 20 03 07 | | | | | |
| Mixed waste | 20 03 01 , 15 01 06 | | | | | |
| Other (specify) | 20 01 13 *, 20 01 14 *, 20 01 15 *, 20 01 17 *, 20 01 19 *, 20 01 26 *, 20 01 27 *, 20 01 28 , 20 01 29 *, 20 01 30 , 20 01 31 *, 20 01 32 , 20 01 41 , 20 01 99 , 20 02 03 , 20 03 02 , 20 03 03 , 20 03 99 , 15 01 05 , 15 01 10 * | | | | | |

Municipal waste component

Waste codes (7)

7

Other classification used

Verification process

Cross-check

(yes/no)

Time-series check

(yes/no)

Audit

(yes/no)

Description of the verification process

Metals

20 01 40 , 15 01 04 , 15 01 11 *

Glass

20 01 02 , 15 01 07

Plastic

20 01 39 , 15 01 02

Paper and cardboard

20 01 01 , 15 01 01

Bio-waste

20 01 08 , 20 01 25 , 20 02 01

Wood

20 01 37 *, 20 01 38 , 15 01 03

Textiles

20 01 10 , 20 01 11 , 15 01 09

Electrical and electronic equipment

20 01 21 *, 20 01 23 *, 20 01 35 *, 20 01 36

Batteries

20 01 33 *, 20 01 34

Bulky waste

20 03 07

Mixed waste

20 03 01 , 15 01 06

Other (specify)

20 01 13 *, 20 01 14 *, 20 01 15 *, 20 01 17 *, 20 01 19 *, 20 01 26 *, 20 01 27 *, 20 01 28 , 20 01 29 *, 20 01 30 , 20 01 31 *, 20 01 32 , 20 01 41 , 20 01 99 , 20 02 03 , 20 03 02 , 20 03 03 , 20 03 99 , 15 01 05 , 15 01 10 *

3.1.4.   Methods used to estimate the composition of mixed municipal waste generated per material

3.1.5.   Estimated share of waste generated by households in municipal waste (in %) and description how that estimate was calculated

3.1.6.   Approaches to exclude waste that is not similar in nature and composition to household waste, in particular as regards:

| — | packaging waste and waste electric and electronic equipment from commercial and industrial sources that is not similar to waste generated by households, and |
| --- | --- |

—

packaging waste and waste electric and electronic equipment from commercial and industrial sources that is not similar to waste generated by households, and

| — | types of waste that are generated by households but are not part of municipal waste such as construction and demolition waste. |
| --- | --- |

—

types of waste that are generated by households but are not part of municipal waste such as construction and demolition waste.

3.1.7.   Explanation of estimates used to cover gaps in data on generated municipal waste as regards the amounts of waste generated by households (for instance, due to incomplete coverage of households by the collection systems) and of similar waste (for instance, due to incomplete coverage of similar waste by data on waste collection)

3.1.8.   Differences from data reported in previous years

Explanation of any significant methodological changes in the municipal waste data collection approach applied for the current reference year in relation to the approach applied for previous reference years (in particular retrospective revisions, their nature and whether a break in the series has to be flagged for a certain year).

Explanation detailing the causes of the tonnage difference for any component of municipal waste which shows more than 10 % variation from the data submitted for the previous reference year.

| Municipal waste component | Variation (%) | Main reason for variation |
| --- | --- | --- |
| | | |

Municipal waste component

Variation (%)

Main reason for variation

Add rows as appropriate

Add rows as appropriate

3.2.   Municipal waste management

3.2.1.   Classification of treatment operations

Information on the classification used for treatment operations (if a standard classification is used such as the disposal operation or recovery operation codes established in Annexes I and II of Directive 2008/98/EC, refer to its name or specify and describe all the relevant categories used).

3.2.2.   Description of methods for determining the amount of municipal waste treated (mark with a cross)

| Data collection methods/Municipal waste type | Administrative data | Surveys | Electronic registry | Data from waste operators | Data from municipalities | Data from extended producer responsibility schemes | Other (specify) |
| --- | --- | --- | --- | --- | --- | --- | --- |
| Total | | | | | | | |
| Metals | | | | | | | |
| Glass | | | | | | | |
| Plastic | | | | | | | |
| Paper and cardboard | | | | | | | |
| Bio-waste | | | | | | | |
| Wood | | | | | | | |
| Textiles | | | | | | | |
| Electrical and electronic equipment | | | | | | | |
| Batteries | | | | | | | |
| Bulky waste | | | | | | | |
| Mixed waste | | | | | | | |
| Other (specify) | | | | | | | |

Data collection methods/Municipal waste type

Administrative data

Surveys

Electronic registry

Data from waste operators

Data from municipalities

Data from extended producer responsibility schemes

Other (specify)

Total

Metals

Glass

Plastic

Paper and cardboard

Bio-waste

Wood

Textiles

Electrical and electronic equipment

Batteries

Bulky waste

Mixed waste

Other (specify)

Additional information about the methodology, including the combination of methods used.

3.2.3.   Preparing for re-use

Description of how the amounts recorded under preparing for reuse have been calculated.

3.2.4.   Description of applied measurement points for recycling, for instance at the calculation point, at the output of a sorting operation with subtraction of non-target materials as appropriate, and of end-of-waste criteria, etc., including variation at regional and local level and for household and similar waste where relevant

| Component of municipal waste | Description of measurement points used |
| --- | --- |
| Metals | |
| Metals from IBA | |
| Glass | |
| Plastic | |
| Paper and cardboard | |
| Bio-waste | |
| Wood | |
| Textiles | |
| Electrical and electronic equipment | |
| Batteries | |
| Bulky waste | |
| Other | |

Component of municipal waste

Description of measurement points used

Metals

Metals from IBA

Glass

Plastic

Paper and cardboard

Bio-waste

Wood

Textiles

Electrical and electronic equipment

Batteries

Bulky waste

Other

Detailed description of the methodology used to calculate the amount of non-target materials removed between the measurement points and the calculation points, where applicable.

3.2.5.   Description of the methodology used to determine per material the amount of recycled materials contained in waste items composed of multiple materials

3.2.6.   Use of Average Loss Rates (ALRs)

Description of the sorted waste to which ALRs are applied, types of sorting plants to which different ALRs apply, the methodological approach to calculating ALRs at such point(s), including the statistical accuracy of any surveys used, or the nature of any technical specifications.

| Sorted waste material and sorting plant type | ALR applied (in %) | Description |
| --- | --- | --- |
| | | |

Sorted waste material and sorting plant type

ALR applied (in %)

Description

Add rows as appropriate

Add rows as appropriate

3.2.7.   Attribution of waste to municipal sources and non-municipal sources at the measurement point

Description of the methodology used to exclude non-municipal wastes (aggregated data across facilities of a similar type is acceptable).

| Waste material/Waste codes | Facility type | Share of municipal waste (%) | Description of the methodologies applied to obtain the percentage |
| --- | --- | --- | --- |
| | | | |

Waste material/Waste codes

Facility type

Share of municipal waste (%)

Description of the methodologies applied to obtain the percentage

Add rows as appropriate

Add rows as appropriate

3.2.8.   Attribution of waste to different Member States at the measurement point

Description of the methodology used to exclude waste originating from other Member States or third countries (aggregated data across facilities of a similar type is acceptable).

| Waste material/Waste codes | Facility type | Share of waste from the Member State (%) | Description of the methodologies applied to obtain the percentage |
| --- | --- | --- | --- |
| | | | |

Waste material/Waste codes

Facility type

Share of waste from the Member State (%)

Description of the methodologies applied to obtain the percentage

Add rows as appropriate

Add rows as appropriate

3.2.9.   Recycling of municipal bio-waste that is not separately collected or separated and recycled at source (relevant until 2026)

Information about measures to ensure that the conditions specified in the first subparagraph of Article 11a(4) of Directive 2008/98/EC regarding the recycling of municipal bio-waste that is not separately collected or separated and recycled at source are met.

3.2.10.   Municipal bio-waste separated and recycled at source

General description of the methodology applied, including the use of direct and indirect measurement and the application of a simplified methodology to measure municipal bio-waste separated and recycled at source.

Description of the methods used to obtain the number of active recycling units or the number of persons involved in recycling of municipal bio-waste separated at source through registries or surveys and to ensure that the number of active recycling units includes only those recycling units that are actively used by waste producers.

Description of the methods to establish the amounts of municipal bio-waste separated and recycled at source as required by the formulas in Annex II.

Detailed description of surveys, including their periodicity, subsamples, confidence levels and confidence intervals.

Description of measures to ensure that the reported amounts of municipal bio-waste that is separated and recycled at source are not overestimated (including the application of a coefficient related to moisture loss).

Description of measures to ensure that the treatment of municipal bio-waste that is separated and recycled at source is properly carried out and that the recycled output is used and results in benefits to agriculture or ecological improvement.

3.2.11.   Calculation of recycled metals separated after incineration of municipal waste

Detailed description of the method to collect data in order to calculate the amount of metals separated from incineration bottom ash.

Description of the approach taken to measure the total amount of metal concentrate extracted from the incinerator bottom ash.

Description of the method to estimate the average level of metallic content in the total amount of metal concentrate, including the reliability of any surveys undertaken.

Description of the method to estimate the proportion of municipal waste entering incineration plants, including the reliability of any surveys undertaken.

3.2.12.   Other recovery of waste

Description of the different waste treatment operations reported under the category ‘other recovery’ in the table in part A and their share (%).

3.2.13.   Information on the relevance of temporary storage of waste to amounts of treated waste in a given year and any estimates of waste recycled in the current reference year following temporary storage in a previous reference year(s), and waste going to temporary storage in the current reference year

3.2.14.   Differences from the data reported for the previous reference years

Significant methodological changes in the calculation method used for the current reference year in relation to the calculation method used for previous reference years, if any (in particular retrospective revisions, their nature and whether a break in the series has to be flagged for a certain year).

Explanation detailing the causes of the tonnage difference (which waste streams, sectors or estimates have caused the difference, and what the underlying cause is) for any component of municipal waste recycled which shows greater than a 10 % variation from the data submitted for the previous reference year.

| Municipal waste component | Variation (%) | Main reason for variation |
| --- | --- | --- |
| | | |

Municipal waste component

Variation (%)

Main reason for variation

Add rows as appropriate

Add rows as appropriate

3.2.15.   Verification of data on recycling of municipal waste

| Component of municipal waste | Verification Process |
| --- | --- |
| Cross-check
  (yes/no) | Time-series check
  (yes/no) | Audit
  (yes/no) | Description of the verification process |
| Metals | | | | |
| Metals from IBA | | | | |
| Glass | | | | |
| Plastic | | | | |
| Paper and cardboard | | | | |
| Bio-waste | | | | |
| Wood | | | | |
| Textiles | | | | |
| Electrical and electronic equipment | | | | |
| Batteries | | | | |
| Bulky waste | | | | |
| Mixed waste | | | | |
| Other | | | | |

Component of municipal waste

Verification Process

Cross-check

(yes/no)

Time-series check

(yes/no)

Audit

(yes/no)

Description of the verification process

Metals

Metals from IBA

Glass

Plastic

Paper and cardboard

Bio-waste

Wood

Textiles

Electrical and electronic equipment

Batteries

Bulky waste

Mixed waste

Other

4.   Accuracy of the data

4.1.1.   Description of main issues affecting the accuracy of data on the generation and treatment of municipal waste, including errors related to sampling, coverage, measurement, processing and non-response

4.1.2.   Explanation of the scope and validity of surveys to collect data on the generation and treatment of municipal waste

4.1.3.   Statistical surveys used regarding municipal waste generation and treatment

| Component of Municipal Waste | Year | Percentage of population surveyed | Data (tonnes) | Confidence level | Error margin | Details of adjustments from the survey year to the current year | Other details |
| --- | --- | --- | --- | --- | --- | --- | --- |
| | | | | | | | |

Component of Municipal Waste

Year

Percentage of population surveyed

Data (tonnes)

Confidence level

Error margin

Details of adjustments from the survey year to the current year

Other details

Add rows as appropriate

Add rows as appropriate

IV.   Confidentiality

Confidentiality

Justification to withhold the publication of specific parts of this quality check report where that is requested.

V.   Main national websites, reference documents and publications

Main national websites, reference documents and publications

C.   FORMAT FOR THE REPORT ON THE MEASURES TAKEN PURSUANT TO ARTICLE 11A(3) AND ARTICLE 11A(8) OF DIRECTIVE 2008/98/EC

FORMAT FOR THE REPORT ON THE MEASURES TAKEN PURSUANT TO ARTICLE 11A(3) AND ARTICLE 11A(8) OF DIRECTIVE 2008/98/EC

1.   Detailed description of the system for quality control and traceability of municipal waste referred to in Article 11a(3) and Article 11a(8) of Directive 2008/98/EC

2.   Quality control and traceability of municipal waste treated outside the Member State

| Component of municipal waste | Subject to final treatment in the Member State
  (yes/no) | Shipped to another EU Member State
  (yes/no) | Exported outside the EU
  (yes/no) | Description of specific measures for quality control and traceability of municipal waste, in particularly as regards collection, monitoring and validation of data |
| --- | --- | --- | --- | --- |
| Metals | | | | |
| Metals from IBA | | | | |
| Glass | | | | |
| Plastic | | | | |
| Paper and cardboard | | | | |
| Bio-waste | | | | |
| Wood | | | | |
| Textiles | | | | |
| Electrical and electronic equipment | | | | |
| Batteries | | | | |
| Bulky waste | | | | |
| Mixed waste | | | | |
| Other | | | | |

Component of municipal waste

Subject to final treatment in the Member State

(yes/no)

Shipped to another EU Member State

(yes/no)

Exported outside the EU

(yes/no)

Description of specific measures for quality control and traceability of municipal waste, in particularly as regards collection, monitoring and validation of data

Metals

Metals from IBA

Glass

Plastic

Paper and cardboard

Bio-waste

Wood

Textiles

Electrical and electronic equipment

Batteries

Bulky waste

Mixed waste

Other

3.   Detailed description of measures to ensure that the exporter can prove that the shipment of waste complies with the requirements of Regulation (EC) No 1013/2006 of the European Parliament and of the Council (8) and that the treatment of waste outside the Union took place under conditions that are broadly equivalent to the requirements laid down in relevant Union environmental law.

8

---

(1)  The amount of generated waste per material may be based on data on separately collected waste and on estimates derived from regularly updated waste composition surveys of municipal waste. Where no such surveys are available, the category of mixed waste may be used.

1

(2)  This includes incineration with energy recovery and the reprocessing of waste to be used as fuels or other means to generate energy. The weight of waste subject to energy recovery per material may be based on estimates derived from regularly updated waste composition surveys of municipal waste. Where no such surveys are available, the category of mixed waste may be used.

2

(3)  This excludes preparing for reuse, recycling and energy recovery, and includes backfilling.

3

(4)  Metals separated after incineration of municipal waste shall be reported separately and shall not be included in the row for metals and in the total amount of waste entering energy recovery operations.

4

(5)  Bio-waste separated and recycled at source shall be reported separately and shall not be included in the row for bio-waste.

5

(6)  This includes large dimension waste items which require specific collection and treatment such as furniture and mattresses.

6

(7)  Waste codes established by Decision 2000/532/EC.

7

(8)  Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1).

8

---

ANNEX VI

DATA ON MINERAL AND SYNTHETIC LUBRICATION AND INDUSTRIAL OILS AND WASTE OILS REFERRED TO IN ARTICLE 7(3)

A.   FORMAT FOR THE REPORTING OF DATA

Table 1

Reporting on data on the placing on the market of mineral and synthetic lubrication and industrial oils and on the treatment of waste oils

| | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Oils placed on the market (5)

  (t) | Waste oil generated (6) (dry oil)
  (t) | Separately collected (7) waste oils
  (t) | Exported (8) waste oils
  (t) | Imported (9) waste oils
  (t) | Regeneration (10)
  (t) | Other recycling (11)

  (t) | Energy recovery (12) (R1)
  (t) | Disposal (13)

  (t) |
| | | | Incl. water | Dry oil (14) | Incl. water | Dry oil (14) | Incl. water | Dry oil (14) | Incl. water | Dry oil | Incl. water | Dry oil | Incl. water | Dry oil | Incl. water | Dry oil |
| Engine and gear box oils (1) | | | | | | | | | | | | | | | | |
| Industrial oils (2) | | | | | | | | | | | | | | | | |
| Industrial oils (emulsions only) (3) | | | | | | | | | | | | | | | | |
| Oil and concentrates from separation (4) | | | | | | | | | | | | | | | | |
| Dark shaded boxes: reporting is not applicable.






  (10-13) | Amounts reported shall relate to the waste oil separately collected. The sum of the values for dry oil in columns 6 to 9 should be equal to the sum of the values for dry oil in column 3 adjusted for exported and imported waste oils (column 3 – column 4 + column 5 = column 6 + column 7 + column 8 + column 9).
  In accordance with the definition of regeneration of waste oils in Article 3(18) of Directive 2008/98/EC and excluding regenerated oils used for energy recovery or as fuels. |

1

2

3

4

5

6

7

8

9

Oils placed on the market (5)

(t)

Waste oil generated (6) (dry oil)

(t)

Separately collected (7) waste oils

(t)

Exported (8) waste oils

(t)

Imported (9) waste oils

(t)

Regeneration (10)

(t)

Other recycling (11)

(t)

Energy recovery (12) (R1)

(t)

Disposal (13)

(t)

Incl. water

Dry oil (14)

Incl. water

Dry oil (14)

Incl. water

Dry oil (14)

Incl. water

Dry oil

Incl. water

Dry oil

Incl. water

Dry oil

Incl. water

Dry oil

Engine and gear box oils (1)

Industrial oils (2)

Industrial oils (emulsions only) (3)

Oil and concentrates from separation (4)

Dark shaded boxes: reporting is not applicable.

(10-13)

Amounts reported shall relate to the waste oil separately collected. The sum of the values for dry oil in columns 6 to 9 should be equal to the sum of the values for dry oil in column 3 adjusted for exported and imported waste oils (column 3 – column 4 + column 5 = column 6 + column 7 + column 8 + column 9).

In accordance with the definition of regeneration of waste oils in Article 3(18) of Directive 2008/98/EC and excluding regenerated oils used for energy recovery or as fuels.

Table 2

Reporting on data on the treatment of waste oils

| 1 | 2 | 3 | 4 | 5 |
| --- | --- | --- | --- | --- |
| Type of output from recovery | Regeneration (10)

  (t) | Other recycling
  (t) | Energy recovery or reprocessing into materials that are to be used as fuels (including regenerated oils used as fuel)
  (t) | Disposal (D10)
  (t) |
| Regenerated base oil – group I (11)
   (12) | | | | |
| Regenerated base oil – group II (13) | | | | |
| Regenerated base oil – group III (14) | | | | |
| Regenerated base oil – group IV (15) | | | | |
| Recycled products (16) (specify) | | | | |
| Fuel products for off-site energy recovery – Light fuel oil | | | | |
| Fuel products for off-site energy recovery – Distillate fuel oil | | | | |
| Fuel products for off-site energy recovery – Heavy fuel oil | | | | |
| Fuel products for off-site energy recovery – Recovered fuel oil | | | | |
| Fuel products for off-site energy recovery – Processed fuel oil | | | | |
| On-site energy recovery (17) | | | | |
| Other (specify and add rows as needed) | | | | |
| Dark shaded boxes: Reporting is not applicable. |

1

2

3

4

5

Type of output from recovery

Regeneration (10)

(t)

Other recycling

(t)

Energy recovery or reprocessing into materials that are to be used as fuels (including regenerated oils used as fuel)

(t)

Disposal (D10)

(t)

Regenerated base oil – group I (11)
   (12)

Regenerated base oil – group II (13)

Regenerated base oil – group III (14)

Regenerated base oil – group IV (15)

Recycled products (16) (specify)

Fuel products for off-site energy recovery – Light fuel oil

Fuel products for off-site energy recovery – Distillate fuel oil

Fuel products for off-site energy recovery – Heavy fuel oil

Fuel products for off-site energy recovery – Recovered fuel oil

Fuel products for off-site energy recovery – Processed fuel oil

On-site energy recovery (17)

Other (specify and add rows as needed)

Dark shaded boxes: Reporting is not applicable.

Table 3

Reporting on data on the placing on the market of mineral and synthetic lubrication and industrial oils and treatment of waste oils other than those listed in Table 1

| | 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| --- | --- | --- | --- | --- | --- | --- | --- |
| Collected (1) Waste Oils (t) | Exported (2) Waste Oils (t) | Imported (3) Waste Oils (t) | Disposal (4) (D10) (t) | Regeneration (t) (5) | Other recycling (6) (t) | Energy recovery(t) (7) |
| | Incl. water | Dry oil | Incl. water | Dry oil | Incl. water | Dry oil | Incl. water | Dry oil | Incl. water | Dry oil | Incl. water | Dry oil | Incl. water | Dry oil |
| Process oils | | | | | | | | | | | | | | |
| Industrial oils not lubricating | | | | | | | | | | | | | | |
| Greases | | | | | | | | | | | | | | |
| Extracts from lubricant refining | | | | | | | | | | | | | | |
| Bilge oils | | | | | | | | | | | | | | |
| Light shaded boxes: Reporting is voluntary.






  (1–7) | See columns 3 to 9 in Table 1, and the corresponding Notes, for explanations of the terms used. |

1

2

3

4

5

6

7

Collected (1) Waste Oils (t)

Exported (2) Waste Oils (t)

Imported (3) Waste Oils (t)

Disposal (4) (D10) (t)

Regeneration (t) (5)

Other recycling (6) (t)

Energy recovery(t) (7)

Incl. water

Dry oil

Incl. water

Dry oil

Incl. water

Dry oil

Incl. water

Dry oil

Incl. water

Dry oil

Incl. water

Dry oil

Incl. water

Dry oil

Process oils

Industrial oils not lubricating

Greases

Extracts from lubricant refining

Bilge oils

Light shaded boxes: Reporting is voluntary.

(1–7)

See columns 3 to 9 in Table 1, and the corresponding Notes, for explanations of the terms used.

Table 4

Reference values for the calculation of generated waste oil

| | 1 |
| --- | --- |
| Fraction of oils placed on market (%) |
| Engine and gear box oils | |
| Engine oils | 52 |
| Gear box oils | 76 |
| Industrial oils | |
| Machine oils | 50 |
| Hydraulic oils | 75 |
| Turbine oils | 70 |
| Transformer oils | 90 |
| Heat transmission oils | 90 |
| Compressor oils | 50 |
| Base oils | 50 |
| Metal working oils used in emulsions | 49 |

1

Fraction of oils placed on market (%)

Engine and gear box oils

Engine oils

52

Gear box oils

76

Industrial oils

Machine oils

50

Hydraulic oils

75

Turbine oils

70

Transformer oils

90

Heat transmission oils

90

Compressor oils

50

Base oils

50

Metal working oils used in emulsions

49

B.   FORMAT FOR THE QUALITY CHECK REPORT ACCOMPANYING THE DATA REFERRED TO IN PART A

I.   General information

1.   Member State:

2.   Organisation submitting the data and the description:

3.   Contact person/contact details:

4.   Reference year:

5.   Delivery date/version:

6.   Link to data publication by the Member State (if any):

II.   Information on oils placed on the market and waste oils

1.   Data collection methods (the relevant column should be marked with a cross, the last column should be filled-in)

| Data collection methods/Data set | Administrative data | Surveys | Electronic registry | Data from waste operators | Data from extended producer responsibility schemes | Other (specify) | Detailed description of the methodology |
| --- | --- | --- | --- | --- | --- | --- | --- |
| Oils placed on the market | | | | | | | |
| Collected waste oils | | | | | | | |
| Regeneration of waste oils | | | | | | | |
| Other recycling of waste oils | | | | | | | |
| Energy recovery of waste oils | | | | | | | |
| Disposal of waste oils | | | | | | | |

Data collection methods/Data set

Administrative data

Surveys

Electronic registry

Data from waste operators

Data from extended producer responsibility schemes

Other (specify)

Detailed description of the methodology

Oils placed on the market

Collected waste oils

Regeneration of waste oils

Other recycling of waste oils

Energy recovery of waste oils

Disposal of waste oils

Add rows for the treatment of specific types of waste oil as appropriate

2.   Description of the methodology used to determine the amount of waste oil generated

3.   Description of the method used to determine the dry oil content of the waste oil (e.g. chemical analysis of the water content, expert knowledge, etc.)

4.   Description of the outputs of treated waste oils reported under the category ‘other recycling’ and an indication of their amounts

5.   Description of the method used to determine the amount of base oils used as fuel

6.   Data on waste oil treatment outside the Member State

7.   Detailed description of the specific measures for quality control and traceability of waste oils, in particular, as regards monitoring and validation of data

8.   Description of the data sources for treatment of waste oils in another Member State or outside the Union (e.g. Regulation (EC) No 1013/2006 or primary data from the treatment operator) and the quality of the data

9.   Description of any difficulties in collecting data from treatment operators located in another Member State or outside the Union

10.   Description of measures to ensure that the exporter of waste oils outside the Union can prove that the shipment of waste complies with the requirements of Regulation (EC) No 1013/2006 and that the treatment of waste outside the Union took place in conditions that are broadly equivalent to the requirements of the relevant Union environmental law

11.   Accuracy of the data

11.1.   Description of main issues affecting the quality and accuracy of data on the generation, collection and treatment of waste oils, including errors related to sampling, coverage, measurement, processing and non-response

11.2.   Completeness of the data collection on mineral and synthetic lubrication and industrial oils and waste oils

Detailed information on how the sources of data cover all the amounts of mineral and synthetic lubrication and industrial oils placed on the market and waste oils collected and treated, and on any amounts added by using estimates, including how the estimates are determined and what share of the total amount of the respective data set they account for.

11.3.   Differences from previous reference year's data

Significant methodological changes in the calculation method for the current reference year in relation to the calculation method applied for previous year(s).

Explanation detailing the causes of the tonnage difference (which waste oils, sectors or estimates have caused the difference, and what the underlying cause is) for any category of waste oils treated which shows a greater than 10 % variation from the data submitted for the previous reference year.

| Waste oil category and treatment | Variation (%) | Main reason for variation |
| --- | --- | --- |
| | | |

Waste oil category and treatment

Variation (%)

Main reason for variation

Add rows as appropriate

Add rows as appropriate

III.   Confidentiality

Confidentiality

Justification to withhold the publication of specific parts of this report where that is requested.

IV.   Main national websites, reference documents and publications

Main national websites, reference documents and publications

This includes reports addressing aspects of the data quality, coverage or other aspects of enforcement such as reports on best practice on waste oil collection and treatment, and reports on import, export or losses of oil.

---

(1)  Including engine oils and gear oils (automotive, aviation, marine, industrial and other sectors); excluding greases and bilge oils.

1

(2)  Including machine oils, hydraulic oils, oils for turbines, transformer oils, heat transmission oils, compressor oils, base oils; excluding greases and oils used for emulsions.

2

(3)  Including metal working oils; in case national reporting does not distinguish industrial oils used in emulsions or otherwise, aggregated data on industrial oils may be provided and shall be specified in row ‘industrial oils’.

3

(4)  Only waste oils under code 190207* of Decision 2000/532/EC.

4

(5)  Oils placed on the market in a Member State taking into account export losses (e.g. export of passenger cars) and import gains (e.g. imports of passenger cars).

5

(6)  Amount of waste oils taking into account handling losses and losses during use. Amounts of waste oil generated may be calculated based on national statistics or by using the reference values listed in Table 4.

6

(7)  Waste oils separately collected. In case collected waste oils are quantified by volume, the corresponding mass is determined by applying a conversion factor of 0,9 tonnes/m3.

7

3

(8)  Waste oil exported to another country (considering the waste categories set out in Regulation (EC) No 1013/2006).

8

(9)  Waste oil generated in another country and imported from that country (considering the waste categories set out in Regulation (EC) No 1013/2006).

9

(11)  Recycling other than regeneration, e.g. as flux oil.

11

(12)  Including use of recovered oils as fuel, in accordance with the definition of recovery in Article 3(15) of Directive 2008/98/EC.

12

(13)  Disposal operation D10 Incineration on land as laid down in Annex I of Directive 2008/98/EC.

13

(14)  Waste oil excluding water content. The dry oil content is determined by measuring the water content. For waste oils other than emulsions, the dry content may alternatively be determined on the basis of a water content of 8 %. For dry oil in emulsions of industrial oils the dry content may alternatively be determined on the basis of a water content of 90 %.

14

(10)  Amount of regenerated oils. The sum of the entries in Column 2 of table 2 divided by the sum of the entries in column 6 of Table 1 corresponds to the conversion efficiency of oil regeneration.

10

(11)  Base oil group I contains less than 90 % saturates and/or more than 0,03 % sulphur and has a viscosity index greater than or equal to 80 and less than 120.

11

(12)  In case national reporting does not distinguish groups I-IV, aggregated data on regenerated base oils may be provided and shall be specified in row ‘Other’.

12

(13)  Base oil group II contains more than or equal to 90 % saturates and less than or equal to 0,03 % sulphur and has a viscosity index greater than or equal to 80 and less than 120.

13

(14)  Base oil group III contains more than or equal to 90 % saturates and less than or equal to 0,03 % sulphur and has a viscosity index greater than or equal to 120.

14

(15)  Base oil group IV are polyalphaolefins. Base oil not included in groups I-IV shall be specified in row ‘Other’.

15

(16)  Includes recycled products from other recycling of waste oils reported under column 7 of Table 1.

16

(17)  On-site energy recovery means recovery of waste oils through internal energy consumption e.g. in a refinery.

17

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| 20.6.2019 | EN | Official Journal of the European Union | L 163/101 |
| --- | --- | --- | --- |

20.6.2019

EN

Official Journal of the European Union

L 163/101

---

COMMISSION IMPLEMENTING DECISION (EU) 2019/1005

of 19 June 2019

determining that a temporary suspension of the preferential customs duty is not appropriate for imports of bananas originating in Nicaragua

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 20/2013 of the European Parliament and of the Council of 15 January 2013 implementing the bilateral safeguard clause and the stabilisation mechanism for bananas of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (1), and in particular Article 15(2) thereof,

Whereas:

| (1) | The Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other (2) (‘the Agreement’) introduced a stabilisation mechanism for bananas, which provisionally started applying to the Central American countries during 2013 and to Nicaragua specifically on 1 August 2013. |
| --- | --- |

(1)

The Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other (2) (‘the Agreement’) introduced a stabilisation mechanism for bananas, which provisionally started applying to the Central American countries during 2013 and to Nicaragua specifically on 1 August 2013.

| (2) | The stabilisation mechanism for bananas, which is implemented by Regulation (EU) No 20/2013, establishes that once a defined trigger volume for imports of fresh bananas (heading 0803 90 10 of the European Union Combined Nomenclature of 1 January 2012) is met by one of the countries concerned, the Commission adopts an implementing act, to either temporarily suspend the preferential customs duty applied to imports of fresh bananas from that country or determine that such suspension is not appropriate. |
| --- | --- |

(2)

The stabilisation mechanism for bananas, which is implemented by Regulation (EU) No 20/2013, establishes that once a defined trigger volume for imports of fresh bananas (heading 0803 90 10 of the European Union Combined Nomenclature of 1 January 2012) is met by one of the countries concerned, the Commission adopts an implementing act, to either temporarily suspend the preferential customs duty applied to imports of fresh bananas from that country or determine that such suspension is not appropriate.

| (3) | On 25 March 2019, imports into the Union of fresh bananas originating in Nicaragua exceeded the defined trigger volume for imports of 14 500 tonnes as set out in the Annex to Regulation (EU) No 20/2013. |
| --- | --- |

(3)

On 25 March 2019, imports into the Union of fresh bananas originating in Nicaragua exceeded the defined trigger volume for imports of 14 500 tonnes as set out in the Annex to Regulation (EU) No 20/2013.

| (4) | Pursuant to Article 15(3) of Regulation (EU) No 20/2013, the Commission considered the impact of the imports concerned on the situation of the Union market for bananas in order to decide whether or not the preferential customs duty should be suspended. The Commission examined the effect of the imports concerned on the Union price level, the development of imports from other sources and the overall stability of the Union market for fresh bananas. |
| --- | --- |

(4)

Pursuant to Article 15(3) of Regulation (EU) No 20/2013, the Commission considered the impact of the imports concerned on the situation of the Union market for bananas in order to decide whether or not the preferential customs duty should be suspended. The Commission examined the effect of the imports concerned on the Union price level, the development of imports from other sources and the overall stability of the Union market for fresh bananas.

| (5) | Imports of fresh bananas from Nicaragua represented 1,5 % of imports into the Union of fresh bananas subject to the banana stabilization mechanism, when the defined trigger volume for imports for 2019 was exceeded. |
| --- | --- |

(5)

Imports of fresh bananas from Nicaragua represented 1,5 % of imports into the Union of fresh bananas subject to the banana stabilization mechanism, when the defined trigger volume for imports for 2019 was exceeded.

| (6) | At the same time, imports from large exporting countries with whom the Union also has a Free Trade Agreement, notably Colombia, Ecuador and Costa Rica amounted to 14,4 %, 19,3 % and 16,9 % of their defined trigger volumes for imports respectively. The ‘unused’ quantities under the stabilization mechanism, which amount to approximately 5 million tonnes, are significantly higher than the total imports from Nicaragua on 25 March 2019 which amount to 15 600 tonnes. |
| --- | --- |

(6)

At the same time, imports from large exporting countries with whom the Union also has a Free Trade Agreement, notably Colombia, Ecuador and Costa Rica amounted to 14,4 %, 19,3 % and 16,9 % of their defined trigger volumes for imports respectively. The ‘unused’ quantities under the stabilization mechanism, which amount to approximately 5 million tonnes, are significantly higher than the total imports from Nicaragua on 25 March 2019 which amount to 15 600 tonnes.

| (7) | The import price from Nicaragua was on average 572 EUR/tonne for the first 2 months of 2019, which is 16 % lower than the average price of the other imports of fresh bananas into the Union, which was 648 EUR/tonne. In 2018 the average import price of bananas from Nicaragua was 26 % lower than the average price of the other imports of fresh bananas into the Union. |
| --- | --- |

(7)

The import price from Nicaragua was on average 572 EUR/tonne for the first 2 months of 2019, which is 16 % lower than the average price of the other imports of fresh bananas into the Union, which was 648 EUR/tonne. In 2018 the average import price of bananas from Nicaragua was 26 % lower than the average price of the other imports of fresh bananas into the Union.

| (8) | Therefore, although the average wholesale price for bananas, coming from all origins, in January and February 2019 was 8,3 % lower than the corresponding price in January and February 2018, that is to say 944 EUR/tonne in January and February 2019 compared to 1 029 EUR/tonne January and February 2018, the average wholesale price of Union produced bananas in January and February 2019 was 7,7 % higher than in January and February 2018, that is to say 1 086 EUR/tonne in the former case compared to 1 008 EUR/tonne in the latter case. |
| --- | --- |

(8)

Therefore, although the average wholesale price for bananas, coming from all origins, in January and February 2019 was 8,3 % lower than the corresponding price in January and February 2018, that is to say 944 EUR/tonne in January and February 2019 compared to 1 029 EUR/tonne January and February 2018, the average wholesale price of Union produced bananas in January and February 2019 was 7,7 % higher than in January and February 2018, that is to say 1 086 EUR/tonne in the former case compared to 1 008 EUR/tonne in the latter case.

| (9) | Since the imports of bananas from Nicaragua are small, they have not had an impact on the Union banana market price. There is therefore, neither an indication that the stability of the Union market has been disturbed by the imports of fresh bananas from Nicaragua in excess of the defined annual trigger import volume, nor that that excess had any significant impact on the situation of Union producers. |
| --- | --- |

(9)

Since the imports of bananas from Nicaragua are small, they have not had an impact on the Union banana market price. There is therefore, neither an indication that the stability of the Union market has been disturbed by the imports of fresh bananas from Nicaragua in excess of the defined annual trigger import volume, nor that that excess had any significant impact on the situation of Union producers.

| (10) | There is, moreover, no indication of a threat of serious deterioration in the Union market or of serious deterioration in the economic situation of the outermost regions of the Union in March 2019. |
| --- | --- |

(10)

There is, moreover, no indication of a threat of serious deterioration in the Union market or of serious deterioration in the economic situation of the outermost regions of the Union in March 2019.

| (11) | Therefore, the suspension of the preferential customs duty on imports of bananas originating in Nicaragua does not appear to be appropriate at this stage. |
| --- | --- |

(11)

Therefore, the suspension of the preferential customs duty on imports of bananas originating in Nicaragua does not appear to be appropriate at this stage.

| (12) | It should be recalled that in 2018, imports from Nicaragua exceeded the defined annual trigger import volume on 10 April and that, by the end of that year, they reached a level of 81 000 tonnes. The Commission however, concluded in its subsequent analysis that neither those imports nor other imports from countries subject to the stabilisation mechanism caused disturbance on the Union market. |
| --- | --- |

(12)

It should be recalled that in 2018, imports from Nicaragua exceeded the defined annual trigger import volume on 10 April and that, by the end of that year, they reached a level of 81 000 tonnes. The Commission however, concluded in its subsequent analysis that neither those imports nor other imports from countries subject to the stabilisation mechanism caused disturbance on the Union market.

| (13) | Given that the yearly trigger volume was exceeded already in March, and even though the total imports from Nicaragua into the Union market are low, the Commission will continue its monitoring in this regard and may adopt measures at the later stage if appropriate. |
| --- | --- |

(13)

Given that the yearly trigger volume was exceeded already in March, and even though the total imports from Nicaragua into the Union market are low, the Commission will continue its monitoring in this regard and may adopt measures at the later stage if appropriate.

| (14) | Pursuant to Article 14(4) of Regulation (EU) No 20/2013 this Decision should enter into force as a matter of urgency, |
| --- | --- |

(14)

Pursuant to Article 14(4) of Regulation (EU) No 20/2013 this Decision should enter into force as a matter of urgency,

HAS ADOPTED THIS DECISION:

Article 1

The temporary suspension of preferential customs duty on imports of fresh bananas classified under heading 0803 90 10 of the European Union Combined Nomenclature and originating in Nicaragua is not appropriate.

Article 2

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

Done at Brussels, 19 June 2019.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 17, 19.1.2013, p. 13.

1

(2)  
  OJ L 346, 15.12.2012, p. 3.

2

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| 20.6.2019 | EN | Official Journal of the European Union | L 163/103 |
| --- | --- | --- | --- |

20.6.2019

EN

Official Journal of the European Union

L 163/103

---

DECISION (EU) 2019/1006 OF THE EUROPEAN CENTRAL BANK

of 7 June 2019

amending Decision ECB/2011/20 establishing detailed rules and procedures for implementing the eligibility criteria for central securities depositories to access TARGET2-Securities services (ECB/2019/15)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

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

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 3.1 and 12.1 and Articles 17, 18 and 22 thereof,

Having regard to Guideline ECB/2012/13 of 18 July 2012 on TARGET2-Securities (1), and in particular Article 4(2)(d) and Article 15 thereof,

Whereas:

| (1) | Decision ECB/2011/20 (2) establishes the application procedure for a central securities depository to access TARGET2-Securities services, which includes a requirement that a central securities depository must be positively assessed by the competent authority against the European System of Central Banks/Committee of European Securities Regulators Recommendations for Securities Settlement Systems. The European System of Central Banks/Committee of European Securities Regulators Recommendations for Securities Settlement Systems have been superseded by the Principles for Financial Market Infrastructures of the Committee on Payment and Market Infrastructures and the International Organisation of Securities Commissions (PFMI) (3) or a set of requirements implementing those principles, which, for example, in the European Economic Area, are implemented by Regulation (EU) No 909/2014 of the European Parliament and of the Council (4). |
| --- | --- |

(1)

Decision ECB/2011/20 (2) establishes the application procedure for a central securities depository to access TARGET2-Securities services, which includes a requirement that a central securities depository must be positively assessed by the competent authority against the European System of Central Banks/Committee of European Securities Regulators Recommendations for Securities Settlement Systems. The European System of Central Banks/Committee of European Securities Regulators Recommendations for Securities Settlement Systems have been superseded by the Principles for Financial Market Infrastructures of the Committee on Payment and Market Infrastructures and the International Organisation of Securities Commissions (PFMI) (3) or a set of requirements implementing those principles, which, for example, in the European Economic Area, are implemented by Regulation (EU) No 909/2014 of the European Parliament and of the Council (4).

| (2) | On 25 January 2019, the Governing Council of the European Central Bank (ECB) adopted Decision (EU) 2019/166 (ECB/2019/3) (5) which established the Market Infrastructure Board (MIB) in its current format. Previously, the MIB had met in different dedicated formats and the T2S Board had operated as one of such dedicated formats. |
| --- | --- |

(2)

On 25 January 2019, the Governing Council of the European Central Bank (ECB) adopted Decision (EU) 2019/166 (ECB/2019/3) (5) which established the Market Infrastructure Board (MIB) in its current format. Previously, the MIB had met in different dedicated formats and the T2S Board had operated as one of such dedicated formats.

| (3) | Certain changes have been made to the rules and procedures for implementing the eligibility criteria for central securities depositories to access TARGET2-Securities services, in particular in relation to CSD access criterion 2. |
| --- | --- |

(3)

Certain changes have been made to the rules and procedures for implementing the eligibility criteria for central securities depositories to access TARGET2-Securities services, in particular in relation to CSD access criterion 2.

| (4) | Therefore, Decision ECB/2011/20 should be amended accordingly, |
| --- | --- |

(4)

Therefore, Decision ECB/2011/20 should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Amendments

Decision ECB/2011/20 is amended as follows:

| 1. | in Article 1, point (4) is replaced by the following:






  ‘(4) | “CSD access criterion 2” means the criterion laid down in Article 15(1)(b) of Guideline ECB/2012/13 (*1), i.e. that CSDs are eligible for access to T2S services provided that they have been positively assessed by the competent authorities against (i) Regulation (EU) No 909/2014 of the European Parliament and of the Council (*2), for CSDs located in a European Economic Area (EEA) country, or (ii) the Principles for Financial Market Infrastructures of the Committee on Payment and Market Infrastructures and the International Organisation of Securities Commissions (*3) or a legal framework implementing those principles, for CSDs located in a non-EEA country; |
| --- | --- | --- |

1.

in Article 1, point (4) is replaced by the following:

‘(4)

“CSD access criterion 2” means the criterion laid down in Article 15(1)(b) of Guideline ECB/2012/13 (*1), i.e. that CSDs are eligible for access to T2S services provided that they have been positively assessed by the competent authorities against (i) Regulation (EU) No 909/2014 of the European Parliament and of the Council (*2), for CSDs located in a European Economic Area (EEA) country, or (ii) the Principles for Financial Market Infrastructures of the Committee on Payment and Market Infrastructures and the International Organisation of Securities Commissions (*3) or a legal framework implementing those principles, for CSDs located in a non-EEA country;

*1

*2

*3

(*1)  Guideline ECB/2012/13 of 18 July 2012 on TARGET2-Securities (OJ L 215, 11.8.2012, p. 19)."

*1

(*2)  Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1)."

*2

(*3)  CPMI-IOSCO, Principles for Financial Market Infrastructures (April 2012).’;"

*3

| 2. | in Article 1, point (11) is replaced by the following:






  ‘(11) | “Market Infrastructure Board” or “MIB” means the Eurosystem governance body established pursuant to Decision (EU) 2019/166 of the European Central Bank (ECB/2019/3) (*4); |
| --- | --- | --- |

2.

in Article 1, point (11) is replaced by the following:

‘(11)

“Market Infrastructure Board” or “MIB” means the Eurosystem governance body established pursuant to Decision (EU) 2019/166 of the European Central Bank (ECB/2019/3) (*4);

*4

(*4)  Decision (EU) 2019/166 of the European Central Bank of 25 January 2019 on the Market Infrastructure Board and repealing Decision ECB/2012/6 on the establishment of the TARGET2-Securities Board (ECB/2019/3) (OJ L 32, 4.2.2019, p. 14).’;"

*4

| 3. | in Article 1, point (12) is replaced by the following:






  ‘(12) | “Advisory Group on Market Infrastructures for Securities and Collateral” or “AMI SeCo” has the same meaning as in point (25) of Article 2 of Guideline ECB/2012/13;’; |
| --- | --- | --- |

3.

in Article 1, point (12) is replaced by the following:

‘(12)

“Advisory Group on Market Infrastructures for Securities and Collateral” or “AMI SeCo” has the same meaning as in point (25) of Article 2 of Guideline ECB/2012/13;’;

| 4. | in paragraph 1 of Article 3, the words ‘an assessment report’ are replaced by the words ‘a self-assessment report’; |
| --- | --- |

4.

in paragraph 1 of Article 3, the words ‘an assessment report’ are replaced by the words ‘a self-assessment report’;

| 5. | in paragraph 2 of Article 3, the words ‘the assessment report’ are replaced by the words ‘the self-assessment report’; |
| --- | --- |

5.

in paragraph 2 of Article 3, the words ‘the assessment report’ are replaced by the words ‘the self-assessment report’;

| 6. | Article 5 is replaced by the following:

  ‘Article 5
  Ongoing compliance with the five CSD access criteria

  1.   A CSD with access to T2S services shall comply, after it has migrated to T2S, with the five CSD access criteria on an ongoing basis and shall:






  (a) | ensure, in particular, through a reliable self-assessment conducted each year and supported by relevant documentation that it continues to comply with CSD access criteria 1, 3, 4 and 5; |
| --- | --- | --- |

6.

Article 5 is replaced by the following:

‘Article 5

Ongoing compliance with the five CSD access criteria

1.   A CSD with access to T2S services shall comply, after it has migrated to T2S, with the five CSD access criteria on an ongoing basis and shall:

(a)

ensure, in particular, through a reliable self-assessment conducted each year and supported by relevant documentation that it continues to comply with CSD access criteria 1, 3, 4 and 5;

| (b) | promptly provide the MIB with the most recent outcome of the assessment conducted by the relevant competent authority against Regulation (EU) No 909/2014, the Principles for Financial Market Infrastructures of the Committee on Payment and Market Infrastructures and the International Organisation of Securities Commissions (PFMI) or a legal framework implementing the PFMI. If the above outcome of the assessment is not available, the CSD shall submit a self-attestation based on the relevant documentation; |
| --- | --- |

(b)

promptly provide the MIB with the most recent outcome of the assessment conducted by the relevant competent authority against Regulation (EU) No 909/2014, the Principles for Financial Market Infrastructures of the Committee on Payment and Market Infrastructures and the International Organisation of Securities Commissions (PFMI) or a legal framework implementing the PFMI. If the above outcome of the assessment is not available, the CSD shall submit a self-attestation based on the relevant documentation;

| (c) | request a new assessment by the relevant competent authorities of its compliance with Regulation (EU) No 909/2014, the PFMI or a legal framework implementing the PFMI in the event of material changes to the CSD's system; |
| --- | --- |

(c)

request a new assessment by the relevant competent authorities of its compliance with Regulation (EU) No 909/2014, the PFMI or a legal framework implementing the PFMI in the event of material changes to the CSD's system;

| (d) | notify the MIB without undue delay where a relevant competent authority assessment or a self-assessment has established non-compliance with any of the five CSD access criteria; |
| --- | --- |

(d)

notify the MIB without undue delay where a relevant competent authority assessment or a self-assessment has established non-compliance with any of the five CSD access criteria;

| (e) | following a request from the MIB, provide an assessment report demonstrating that the CSD still complies with the five CSD access criteria. |
| --- | --- |

(e)

following a request from the MIB, provide an assessment report demonstrating that the CSD still complies with the five CSD access criteria.

2.   The MIB may carry out its own evaluation and monitor compliance with the five CSD access criteria or request information from a CSD. Where the MIB decides that a CSD does not comply with one of the five CSD access criteria, it shall initiate the procedure laid down in the contracts with the CSDs pursuant to Article 16 of Guideline ECB/2012/13.’;

| 7. | in Articles 3 and 4, and in the Annex, references to ‘T2S Programme Board’ are replaced by ‘MIB’; |
| --- | --- |

7.

in Articles 3 and 4, and in the Annex, references to ‘T2S Programme Board’ are replaced by ‘MIB’;

| 8. | in Article 4, references to ‘T2S Advisory Group’ are replaced by ‘AMI SeCo’; |
| --- | --- |

8.

in Article 4, references to ‘T2S Advisory Group’ are replaced by ‘AMI SeCo’;

| 9. | the Annex is amended in accordance with the Annex to this Decision. |
| --- | --- |

9.

the Annex is amended in accordance with the Annex to this Decision.

Article 2

Transitional provision

As regards ongoing compliance with CSD access criterion 2, the outcome of the assessment by the relevant competent authorities against the European System of Central Banks/Committee of European Securities Regulators Recommendations for Securities Settlement Systems shall remain valid until the relevant central securities depository has been assessed by the relevant competent authorities against Regulation (EU) No 909/2014, the PFMI or a legal framework implementing the PFMI.

Article 3

Entry into force

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

Official Journal of the European Union

Done at Frankfurt am Main, 7 June 2019.

The President of the ECB

Mario DRAGHI

---

(1)  
  OJ L 215, 11.8.2012, p. 19.

1

(2)  Decision ECB/2011/20 of 16 November 2011 establishing detailed rules and procedures for implementing the eligibility criteria for central securities depositories to access TARGET2-Securities services (OJ L 319, 2.12.2011, p. 117).

2

(3)  CPMI-IOSCO Principles for Financial Market Infrastructures (April 2012).

3

(4)  Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1).

4

(5)  Decision (EU) 2019/166 of the European Central Bank of 25 January 2019 on the Market Infrastructure Board and repealing Decision ECB/2012/6 on the establishment of the TARGET2-Securities Board (ECB/2019/3) (OJ L 32, 4.2.2019, p. 14).

5

---

ANNEX

The Annex to Decision ECB/2011/20 is amended as follows:

| 1. | Section II is replaced by the following:
  ‘II.   Implementation details for CSD access criterion 2

  A CSD shall provide the following documentation in the context of its assessment against this criterion:






  (a) | for a CSD located in an EEA country, the outcome of its assessment or proof of its authorisation (whichever is the most recent) by the relevant competent authorities against Regulation (EU) No 909/2014 of the European Parliament and of the Council (*1); if no proof of compliance with that Regulation is available, the CSD shall submit a self-attestation consistent with the assessment and/or authorisation; or |
| --- | --- | --- |

1.

Section II is replaced by the following:

‘II.   Implementation details for CSD access criterion 2

A CSD shall provide the following documentation in the context of its assessment against this criterion:

(a)

for a CSD located in an EEA country, the outcome of its assessment or proof of its authorisation (whichever is the most recent) by the relevant competent authorities against Regulation (EU) No 909/2014 of the European Parliament and of the Council (*1); if no proof of compliance with that Regulation is available, the CSD shall submit a self-attestation consistent with the assessment and/or authorisation; or

| (b) | for a CSD located in a non-EEA country, the outcome of its assessment or proof of its authorisation (whichever is the most recent) by the relevant competent authorities against the Principles for Financial Market Infrastructures of the Committee on Payment and Market Infrastructures and the International Organisation of Securities Commissions (PFMI) (*2) or a legal framework implementing the PFMI, as applicable. If no proof of compliance with a legal framework implementing the PFMI is available, the CSD shall submit a self-attestation consistent with the assessment and/or authorisation. |
| --- | --- |

(b)

for a CSD located in a non-EEA country, the outcome of its assessment or proof of its authorisation (whichever is the most recent) by the relevant competent authorities against the Principles for Financial Market Infrastructures of the Committee on Payment and Market Infrastructures and the International Organisation of Securities Commissions (PFMI) (*2) or a legal framework implementing the PFMI, as applicable. If no proof of compliance with a legal framework implementing the PFMI is available, the CSD shall submit a self-attestation consistent with the assessment and/or authorisation.

Where shortcomings have been identified by the relevant competent authorities as regards the CSD's compliance with Regulation (EU) No 909/2014, the PFMI or a legal framework implementing the PFMI, the respective CSD shall inform the MIB of the relevant details and provide explanations and evidence regarding those shortcomings. The CSD shall also provide the MIB with the conclusions of the relevant competent authorities, as contained in the assessment.

Any shortcomings identified by the relevant competent authorities as regards the CSD's compliance with Regulation (EU) No 909/2014, the PFMI or a legal framework implementing the PFMI must not endanger, in the assessment of the Governing Council, the safe and efficient provision of T2S services.

The above information will be processed in accordance with the relevant application procedures for access to T2S services and ongoing compliance with the five CSD access criteria.

A CSD will fulfil this CSD access criterion where:

| (a) | a CSD located in an EEA country has been authorised under Regulation (EU) No 909/2014 or positively assessed against Regulation (EU) No 909/2014 in the most recent assessment conducted by the relevant competent authorities; or |
| --- | --- |

(a)

a CSD located in an EEA country has been authorised under Regulation (EU) No 909/2014 or positively assessed against Regulation (EU) No 909/2014 in the most recent assessment conducted by the relevant competent authorities; or

| (b) | a CSD located in a non-EEA country has been positively assessed against the PFMI or a legal framework implementing the PFMI in the most recent assessment conducted by the relevant competent authorities. |
| --- | --- |

(b)

a CSD located in a non-EEA country has been positively assessed against the PFMI or a legal framework implementing the PFMI in the most recent assessment conducted by the relevant competent authorities.

If the CSD is authorised under/assessed against a legal framework other than the PFMI or Regulation (EU) No 909/2014, the CSD must provide evidence satisfactory to the MIB and the Governing Council that it has been assessed against a legal framework of a level and nature comparable with that of the PFMI or Regulation (EU) No 909/2014.

Where the relevant competent authorities' assessment contains confidential information, the CSD must provide a general summary or the assessment conclusion to show its level of compliance.

(*1)  Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1)."

(*2)  CPMI-IOSCO, Principles for Financial Market Infrastructures (April 2012).’;"

| 2. | the following Section VI is added:
  ‘VI.   General Provision

  Where a CSD with access to T2S services no longer complies with one of the five CSD access criteria, the MIB will initiate the procedure provided for in the contracts with the CSDs.’. |
| --- | --- |

2.

the following Section VI is added:

‘VI.   General Provision

Where a CSD with access to T2S services no longer complies with one of the five CSD access criteria, the MIB will initiate the procedure provided for in the contracts with the CSDs.’.

---

(*1)  Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1).

(*2)  CPMI-IOSCO, Principles for Financial Market Infrastructures (April 2012).’;’

---

GUIDELINES

| 20.6.2019 | EN | Official Journal of the European Union | L 163/108 |
| --- | --- | --- | --- |

20.6.2019

EN

Official Journal of the European Union

L 163/108

---

GUIDELINE (EU) 2019/1007 OF THE EUROPEAN CENTRAL BANK

of 7 June 2019

amending Guideline ECB/2012/13 on TARGET2-Securities (ECB/2019/16)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank and in particular Articles 3.1 and 12.1 and Articles 17, 18 and 22 thereof,

Whereas:

| (1) | On 25 January 2019, the Governing Council of the European Central Bank (ECB) adopted Decision (EU) 2019/166 of the European Central Bank (ECB/2019/3) (1) which established the Market Infrastructure Board (MIB) in its current format. Previously, the MIB had met in different dedicated formats and the TARGET2-Securities Board, originally established under Decision ECB/2012/6 (2) which was repealed by Decision (EU) 2019/166 (ECB/2019/3), had operated as one of such dedicated formats. The MIB, in its revised format, is the governance body that supports the Governing Council in ensuring that the Eurosystem infrastructure services are maintained and further developed and that projects concerning Eurosystem infrastructure services are managed, in each case in line with the Treaty objectives of the European System of Central Banks (ESCB), the ESCB's business needs, technological advances, the legal framework applicable to Eurosystem infrastructure services and projects and regulatory and oversight requirements, and consistently with the mandate of an ESCB committee as established by the Governing Council in accordance with Article 9 of the Rules of Procedure of the European Central Bank (3). |
| --- | --- |

(1)

On 25 January 2019, the Governing Council of the European Central Bank (ECB) adopted Decision (EU) 2019/166 of the European Central Bank (ECB/2019/3) (1) which established the Market Infrastructure Board (MIB) in its current format. Previously, the MIB had met in different dedicated formats and the TARGET2-Securities Board, originally established under Decision ECB/2012/6 (2) which was repealed by Decision (EU) 2019/166 (ECB/2019/3), had operated as one of such dedicated formats. The MIB, in its revised format, is the governance body that supports the Governing Council in ensuring that the Eurosystem infrastructure services are maintained and further developed and that projects concerning Eurosystem infrastructure services are managed, in each case in line with the Treaty objectives of the European System of Central Banks (ESCB), the ESCB's business needs, technological advances, the legal framework applicable to Eurosystem infrastructure services and projects and regulatory and oversight requirements, and consistently with the mandate of an ESCB committee as established by the Governing Council in accordance with Article 9 of the Rules of Procedure of the European Central Bank (3).

| (2) | Article 15(1) of Guideline ECB/2012/13 (4) sets out the criteria for a central securities depository to be eligible for access to TARGET2-Securities services, one of which requires that a central securities depository must be positively assessed by the competent authority against the European System of Central Banks/Committee of European Securities Regulators Recommendations for Securities Settlement Systems. The European System of Central Banks/Committee of European Securities Regulators Recommendations for Securities Settlement Systems have been superseded by the Principles for Financial Market Infrastructures of the Committee on Payment and Market Infrastructures and the International Organisation of Securities Commissions dated April 2012 or a set of requirements implementing those principles, which, for example, in the European Economic Area, are implemented by Regulation (EU) No 909/2014 of the European Parliament and of the Council (5). |
| --- | --- |

(2)

Article 15(1) of Guideline ECB/2012/13 (4) sets out the criteria for a central securities depository to be eligible for access to TARGET2-Securities services, one of which requires that a central securities depository must be positively assessed by the competent authority against the European System of Central Banks/Committee of European Securities Regulators Recommendations for Securities Settlement Systems. The European System of Central Banks/Committee of European Securities Regulators Recommendations for Securities Settlement Systems have been superseded by the Principles for Financial Market Infrastructures of the Committee on Payment and Market Infrastructures and the International Organisation of Securities Commissions dated April 2012 or a set of requirements implementing those principles, which, for example, in the European Economic Area, are implemented by Regulation (EU) No 909/2014 of the European Parliament and of the Council (5).

| (3) | Therefore, Guideline ECB/2012/13 should be amended accordingly, |
| --- | --- |

(3)

Therefore, Guideline ECB/2012/13 should be amended accordingly,

HAS ADOPTED THIS GUIDELINE:

Article 1

Amendments

Guideline ECB/2012/13 is amended as follows:

| 1. | all references in each Article to ‘T2S Board’ are replaced by ‘MIB’; |
| --- | --- |

1.

all references in each Article to ‘T2S Board’ are replaced by ‘MIB’;

| 2. | in Article 2, point (18) is deleted; |
| --- | --- |

2.

in Article 2, point (18) is deleted;

| 3. | in Article 2, point (26) is replaced by the following:






  ‘(26) | “Market Infrastructure Board” or “MIB” means the Eurosystem governance body established pursuant to Decision (EU) 2019/166 of the European Central Bank (ECB/2019/3) (*1); |
| --- | --- | --- |

3.

in Article 2, point (26) is replaced by the following:

‘(26)

“Market Infrastructure Board” or “MIB” means the Eurosystem governance body established pursuant to Decision (EU) 2019/166 of the European Central Bank (ECB/2019/3) (*1);

*1

(*1)  Decision (EU) 2019/166 of the European Central Bank of 25 January 2019 on the Market Infrastructure Board and repealing Decision ECB/2012/6 on the establishment of the TARGET2-Securities Board (ECB/2019/3) (OJ L 32, 4.2.2019, p. 14).’;"

*1

| 4. | Article 5 is replaced by the following:

  ‘Article 5
  The Market Infrastructure Board
  The composition and mandate of the MIB is laid down in Decision (EU) 2019/166 (ECB/2019/3). The MIB shall be in charge of the tasks assigned to it in accordance with Decision (EU) 2019/166 (ECB/2019/3).’; |
| --- | --- |

4.

Article 5 is replaced by the following:

‘Article 5

The Market Infrastructure Board

The composition and mandate of the MIB is laid down in Decision (EU) 2019/166 (ECB/2019/3). The MIB shall be in charge of the tasks assigned to it in accordance with Decision (EU) 2019/166 (ECB/2019/3).’;

| 5. | in Article 15(1), point (b) is replaced by the following:






  ‘(b) | have been positively assessed by the competent authorities against (i) Regulation (EU) No 909/2014 of the European Parliament and of the Council (*2), for CSDs located in an EEA jurisdiction, or (ii) the Principles for Financial Market Infrastructures of the Committee on Payment and Market Infrastructures and the International Organisation of Securities Commissions dated April 2012 or a legal framework implementing those principles, for CSDs located in a non-EEA jurisdiction; |
| --- | --- | --- |

5.

in Article 15(1), point (b) is replaced by the following:

‘(b)

have been positively assessed by the competent authorities against (i) Regulation (EU) No 909/2014 of the European Parliament and of the Council (*2

(*2)  Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1).’
  "

*2

Article 2

Taking effect

This Guideline shall take effect on the day of its notification to the national central banks of the Member States whose currency is the euro.

Article 3

Addressees

This Guideline is addressed to all Eurosystem central banks.

Done at Frankfurt am Main, 7 June 2019.

For the Governing Council of the ECB

The President of the ECB

Mario DRAGHI

---

(1)  Decision (EU) 2019/166 of the European Central Bank of 25 January 2019 on the Market Infrastructure Board and repealing Decision ECB/2012/6 on the establishment of the TARGET2-Securities Board (ECB/2019/3) (OJ L 32, 4.2.2019, p. 14).

1

(2)  Decision ECB/2012/6 of 29 March 2012 on the establishment of the TARGET2-Securities Board and repealing Decision ECB/2009/6 (OJ L 117, 1.5.2012, p. 13).

2

(3)  As laid down in Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (OJ L 80, 18.3.2004, p. 33).

3

(4)  Guideline ECB/2012/13 of 18 July 2012 on TARGET2-Securities (OJ L 215, 11.8.2012, p. 19).

4

(5)  Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1).

5

---

III Other acts

EUROPEAN ECONOMIC AREA

| 20.6.2019 | EN | Official Journal of the European Union | L 163/110 |
| --- | --- | --- | --- |

20.6.2019

EN

Official Journal of the European Union

L 163/110

---

EFTA SURVEILLANCE AUTHORITY DECISION No 4/19/COL

of 6 February 2019

amending, for the one hundred and fourth time, the procedural and substantive rules in the field of state aid [2019/1008]

THE EFTA SURVEILLANCE AUTHORITY (‘the Authority’),

Having regard to:

the Agreement on the European Economic Area (‘the EEA Agreement’), in particular to Articles 61 to 63 and Protocol 26,

the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (‘the Surveillance and Court Agreement’), in particular to Article 24 and Article 5(2)(b),

Whereas:

Under Article 24 of the Surveillance and Court Agreement, the Authority shall give effect to the provisions of the EEA Agreement concerning state aid.

Under Article 5(2)(b) of the Surveillance and Court Agreement, the Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the Authority considers it necessary.

The Chapter in the EFTA Surveillance Authority's State Aid Guidelines on short-term export-credit insurance (1) expired on 31 December 2018.

That Chapter corresponded to the Communication from the European Commission (‘the Commission’) to the Member States on the application of Article 107 and 108 of the Treaty on the Functioning of the European Union to short-term export-credit insurance (2), which would also have expired on 31 December 2018.

On 19 December 2018, the Commission published a Communication to the Member States concerning the prolongation of the Communication on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to short-term export-credit insurance until 31 December 2020
   (3).

The prolongation was adopted by the Commission in light of the need for continuity and legal certainty in the treatment of state aid in the field of short-term export-credit insurance. The prolongation also aligned the expiration date of these guidelines with those of the majority of state aid guidelines adopted pursuant to the state aid modernisation programme. Moreover, due to the lack of insurance or reinsurance capacity to cover exports to Greece, the Commission decided to prolong the temporary removal of Greece from the list of marketable risk countries until 31 December 2019.

Uniform application of the EEA state aid rules is to be ensured throughout the European Economic Area in line with the objective of homogeneity established in Article 1 of the EEA Agreement. In order to ensure a consistent approach across all state aid instruments, having regard to the need for continuity and legal certainty in the treatment of state aid in the field of short-term export-credit insurance, and to ensure the uniform application of state aid rules throughout the European Economic Area, the Chapter of the Authority's State Aid Guidelines on short-term export-credit insurance should be readopted.

Having consulted the European Commission,

Having consulted the EFTA States,

HAS ADOPTED THIS DECISION:

Article 1

The Chapter of the Authority's State Aid Guidelines on short-term export-credit insurance is readopted with effect of 1 January 2019 with the following amendments:

| — | The first sentence of paragraph 40 of the Chapter in the EFTA Surveillance Authority's State Aid Guidelines on short-term export-credit insurance shall read as follows:
  (40) The Authority will apply the principles in these Guidelines until 31 December 2020. |
| --- | --- |

—

The first sentence of paragraph 40 of the Chapter in the EFTA Surveillance Authority's State Aid Guidelines on short-term export-credit insurance shall read as follows:

(40) The Authority will apply the principles in these Guidelines until 31 December 2020.

| — | Greece will be temporarily removed from the list of marketable risk countries in the Annex of the Chapter in the EFTA Surveillance Authority's State Aid Guidelines on short-term export-credit insurance until 31 December 2019. |
| --- | --- |

—

Greece will be temporarily removed from the list of marketable risk countries in the Annex of the Chapter in the EFTA Surveillance Authority's State Aid Guidelines on short-term export-credit insurance until 31 December 2019.

Article 2

Only the English language version of this decision is authentic.

Decision made in Brussels, on 6 February 2019.

For the EFTA Surveillance Authority

Bente ANGELL-HANSEN

President

Responsible College Member

Frank J. BÜCHEL

College Member

Högni KRISTJÁNSSON

College Member

Carsten ZATSCHLER

Countersigning as Director, Legal and Executive Affairs

---

(1)  
  OJ L 343, 19.12.2013, p. 54 and EEA Supplement No 71, 19.12.2013, p. 1, paragraph 40.

1

(2)  
  OJ C 392, 19.12.2012, p. 1, paragraph 40.

2

(3)  
  OJ C 457, 19.12.2018, p. 9.

3

---