Commission Implementing Regulation (EU) 2019/1746Show full title

Article 1 Amendments to Implementing Regulation (EU) 2017/1185

Implementing Regulation (EU) 2017/1185 is amended as follows:

(1)

in Article 1(1), the following subparagraph is added:

‘In the case of notifications pursuant to Regulation (EU) No 1308/2013 and the acts adopted on the basis of that Regulation, the information-technology-based system referred in the first subparagraph of this paragraph shall also be available, where relevant, to operators and third countries.’;

(2)

Article 5 is replaced by the following:

‘Article 5 Default notification

Save as otherwise provided for in the acts referred to in Article 1, where Member States, and where relevant, third countries or operators, have not notified the required information or documents to the Commission by the deadline (“nil return”), they shall be deemed to have notified the following:

(a)

in the case of quantitative information, of a zero value;

(b)

in the case of qualitative information, of a “nothing to report” situation.’;

(3)

the title of Chapter II is replaced by the following:

‘NOTIFICATIONS AND COORDINATION ON PRICES, PRODUCTION, MARKET INFORMATION AND INFORMATION REQUIRED BY INTERNATIONAL AGREEMENTS’;

(4)

in Article 7, paragraph 2 is replaced by the following:

‘2. Member States and, where relevant, third countries and operators shall notify the Commission of any important new information likely to substantially alter information already notified.’;

(5)

Article 8 is replaced by the following:

‘Article 8 Additional information

Member States and, where relevant, third countries and operators may notify the Commission of information additional to that required in Annexes I, II and III by means of the information system referred to in Article 1 where such information is considered relevant by the Member States and, where relevant, by third countries and operators concerned. Such notifications shall be made by means of a form made available by the Commission in the information system.’;

(6)

Article 9 is amended as follows:

(a)

the heading of Article 9 is replaced by the following:

‘Price and quantity definition’;

(b)

paragraph 1 is replaced by the following:

‘1. For each price and quantity notification required by this Section, Member States shall notify the source and methodology used to determine the information provided. Such notifications shall include information on the representative markets determined by Member States and the associated weighting coefficients.’;

(c)

the following paragraph 1a is inserted:

‘1a. For each price and quantity notification required by this Section, Member States may delegate to operators the direct transmission of the prices and quantities to the information system of the Commission referred to in Article 1. Member States shall inform the Commission of the identity of operators that are subject to such a delegation.’;

(7)

Articles 10, 11 and 12 are replaced by the following:

‘Article 10 Reporting of prices in official currency

Unless otherwise specified in Annexes I, II and III, Member States and, where relevant, operators shall notify price information in their official currency, net of VAT.

Article 11 Weekly price notification

Unless otherwise specified in Annex I, Member States and, where relevant, operators shall notify the Commission of the weekly price information referred to in that Annex no later than 12.00 (Brussels’ time) each Wednesday for the previous week.

Article 12 Non-weekly pricing, production and market information notification

Member States and, where relevant, operators shall notify the Commission, within the prescribed time limits, of the following:

(a)

non-weekly price information referred to in Annex II;

(b)

production and market information referred to in Annex III.’;

(8)

Annexes I, II and III are replaced by the text set out in the Annex to this Regulation.

Article 2 Entry into force and application

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

It shall apply from 1 January 2021.

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

Done at Brussels, 1 October 2019.

For the Commission

The President

Jean-Claude Juncker